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HomeMy WebLinkAbout2020-02-18 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 18, 2020 Council Member Sloan Scroggin Ward 3 Position I Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 18, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None A. Consent 1. Insituform Technologies, Inc.: A resolution to approve a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in-place sanitary sewer linings. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. BID #20-25 Tri Star Contractors, LLC.: A resolution to award BID #20-25 and authorize a contract with Tri Star Contractors, LLC in the amount of $181,873.84 for the Stone Street Water Line Improvements Project, and to approve a Project Contingency in the amount of $18,187.38. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-20 3. Ted and Roberta Willis: A resolution to approve the purchase of 0.33 acres from Ted and Roberta G. Willis in exchange for the conveyance of 0.72 acres of city -owned land and payment in the amount of $3,150.00 for the removal and reconstruction of the Township Water Storage Tank. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-20 4. Watershed Conservation Resource Center Task Order No. 7: A resolution to approve a Change Order to Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $52,701.89 for reimbursement for Streambank Restoration expenses associated with the White River Streambank Restoration Project at the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-20 5. Northwest Arkansas Land Trust Conservation Easement: A resolution to authorize Mayor Jordan to sign a Grant of Conservation Easement to the Northwest Arkansas Land Trust for the preservation of 41 acres of environmentally sensitive land located near the West Side Wastewater Treatment Plant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 67-20 6. Northwest Arkansas Land Trust: A resolution to authorize a three year contract for habitat restoration and management with the Northwest Arkansas Land Trust in the total amount of $188,215.00 for the preservation of the West Side Prairie near the West Side Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 68-20 7. BID #19-52 DC Sparks Construction LLC Change Order 2: A resolution to approve Change Order No. 2 to the contract with DC Sparks Construction, LLC in the amount of $59,950.00 for the relocation of a sewer main necessary for the construction of the Fleet Vehicle Wash Facility, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 69-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. Parks and Recreation Donation Revenue: A resolution to approve a budget adjustment in the total amount of $1,970.00 representing donations to the Parks and Recreation Department in 2019. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 70-20 B. Unfinished Business: 1. VAC 19-6947 (411 E. Maple St./Moore): An ordinance to approve VAC 19-6947 for property located at 411 East Maple Street to vacate a portion of a Water and Sewer Easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6283 C. New Business: 1. ANX 20-69811210 N 5411 Street Fayetteville Housing Partners: An ordinance to approve the Annexation Petition of the Fayetteville Housing Partners and annex 34.85 acres of land located at 1210 North 54th Street. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6284 2. RZN 20-6982 1210 N 54' Street Fayetteville Housing Partners: An ordinance to rezone that property described in Rezoning Petition RZN 20-6982 for approximately 24.81 acres located at 1210 North 54th Street from R -A, Residential Agricultural to RI -U, Residential Intermediate -Urban and CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6285 3. Towne West Capital Partners I, LLC: A resolution to approve a Cost Share Agreement with Towne West Capital Partners I, LLC for the construction of a Regional Sewer Lift Station, Sewer Force Main and upsized sewer mains for the development of Towne West Subdivision with an amount not to exceed $2,475,440.89 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $247,544.09. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 71-20 4. BID #20-26 Tri Star Contractors, LLC -2019 Bond Project: A resolution to award BID #20- 26 and authorize a contract with Tri Star Contractors, LLC in the amount of $620,456.38 for the Upper Scull Creek 2 Drainage Improvements Project, to approve a project contingency in the amount of $93,068.00, and to approve a budget adjustment- 2019 Sales Tax Bond. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 72-20 5. RZN 19-6966 (1340 N. Porter Rd./Ross): An ordinance to rezone that property described in Rezoning Petition RZN 19-6966 for approximately 1.38 acres located at 1340 North Porter 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Road from RSF-4, Residential Single Family, 4 Units per acre to RI -U, Residential Intermediate, Urban. THIS ITEM WAS LEFT ON THE FIRST READING 6. VAC 19-6973 (3277 N. College Ave./BF Holdings): An ordinance to approve VAC 19-6973 for property located at 3277 North College Avenue to vacate a portion of a Water and Sewer Easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6286 7. C-PZD 19-6952 (5102 W. Wedington Dr./LBDG Wedington): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 West Wedington Drive to allow the development of Mini -Storage Units and Accessory Office and Retail Space. THIS ITEM WAS LEFT ON THE FIRST READING 8. Amend §158.02 Cash Bond: An ordinance to amend §158.02 Cash Bond of the Fayetteville Unified Development Code to allow contractors working within the public Rights of Way to post additional forms of Bonds. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6287 Announcements City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 7:33 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting: February 18, 2020 Adjourn: 1) , 2j2j }?M Subject: Roll Motion To: Petty Scroggin Bunch Seconded: Turk Petty Smith A, Scroggin Gutierrez Bunch Marsh Turk Kinion / Smith Mayor Jordan Gutierrez Subject: Motion To: Motion By: Seconded: Petty Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Mayor Jordan City Council Meeting: February 18, 2020 Subject: Consent Motion To: Motion By: �� ; f ( 7 - Seconded: Seconded: t m V} A. 1- A. 8 b'�-O 0 b' a �a Petty OA b,,p Scroggin J. Bunch Turk Smith Gutierrez Marsh Kinion' Mayor Jordan Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Mayor Jordan City Council Meeting: February 18, 2020 Subject: VAC 19-6947 (411 E. Maple St./Moore) 2020-0038 Motion To: Motion By: Motion By: i i Vl A -% ► P �f Seconded: Petty i f— Unfinished Petty (` , Scroggin Bunch Unfinished Business Bunch f Turk i ✓ �1 B.1 Smith Gutierrez Gutierrez Kinion Marsh ' Mayor Jordan Kinion / f , Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Unfinished Scroggin Business Bunch Turk Smith Gutierrez Marsh Kinion Mayor Jordan City Council Meeting: February 18, 2020 Subject: ANX 20-69811210 N 54th Street Fayetteville Housing Partners 2020-0130 Motion To: d ►� (%L_ d C/( / Motion By: !A C V 1 L20r) V 07 —�� Seconded: �� �a k / , /�^ New Business C.1 Petty r,. nn Scroggin Bunch Turk % Smith Gutierrez Marsh Kinion Mayor Jordan Subject: RZN 20-6982 1210 N 54th Street Fayetteville Housing Authority 2020-0131 Motion To: d 1 Cd �x Motion By: /`)a 0 1 V-� r to Seconded: -JJ 0 (0 " r& n New Business C.2 Petty=c „ . s Or.. � . T t 10A Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Mayor Jordan City Council Meeting: February 18, 2020 Subject: Towne West Capital Partners I, LLC 2020-0083 Motion To: 00(o t)e Motion By: r Seconded: JJ Petty r, 1� New Business C.3 `� v Scroggin A rl J— Bunch / Turk Smith Gutierrez J Marsh Kinion J Mayor Jordan r) , 0 Subject: BID #20-26 Tri Star Contractors, LLC- 2019 Bond Project 2020-0080 Motion To: ! 1 Motion By: Seconded: New Business C.4 Petty 1� Scroggin A rl J— Bunch / Turk Smith Gutierrez J Marsh Kinion J Mayor Jordan City Council Meeting: February 18, 2020 Subject: RZN 19-6966 (1340 N. Porter Rd./Ross) 2020-0095 Motion To: r � � (� � -. Motion By: Motion By:� j Seconded: Seconded: New Business C.6 (] orolm( New Business C.5 E + (J ' petty rA Scroggin Scroggin Bunch Bunch Turk Turk J Smith Smith Gutierrez Gutierrez J Marsh Marsh ✓ Kinion Kinion / Mayor Jordan Mayor Jordan Subject: VAC 19-6973 (3277 N. College Ave./BF Holdings) 2020-0094 Motion To: r � � (� � -. Motion By: j Seconded: New Business C.6 (] Petty rl�. lU Q r1 rA Scroggin Bunch Turk J J Smith Gutierrez Marsh ✓ Kinion / Mayor Jordan City Council Meeting: February 18, 2020 Subject: C-PZD 19-6952 (5102 W. Wedington Dr./LBDG Wedington) 2020-0100 Motion To: Motion By: Seconded: 5� New Business C. 7 eh� n� wl� Petty ; ( !h r/-, —r— Scroggin 2 Bunch Petty Turk Scroggin Smith New Bunch Gutierrez Business Marsh A Kinion Smith Mayor Jordan //O p o i e-, t oo K) p Ict c e, Le It On, V- I (,�' K -'ead 111,113. Subject: AMEND §158.02 Cash Bond 2020-0110 Motion To: Motion By: 5� Seconded: ; ( !h r/-, —r— 2 Petty Scroggin / New Bunch Business Turk C.8 Smith Gutierrez ! J, Marsh Kinion Mayor Jordan i `7Ak11�)n i 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 11, 2020 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda February 11, 2020 Call To Order Roll Call ledge of Allegiance Mayor's Announcements, Proclamations and Recognitions ,k;tCiity Council Meeting Presentations, Reports and Discussion Items: ✓Agenda Additions ✓ A. Consent: ✓A. 1 2020-0082 INSITUFORM TECHNOLOGIES, INC.: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS /A.2 2020-0085 BID #20-25 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 City of Fayetteville, Arkansas Page 2 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 .,/A. 3 2020-0091 TED AND ROBERTA WILLIS: A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK /A.4 2020-0102 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY X) 41.5 2020-0106 NORTHWEST ARKANSAS LAND TRUST CONSERVATION EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT City of Fayetteville, Arkansas Page 3 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 ,{,/A.6 2020-0108 NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY /A.7 2020-0099 BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT �A.8 2020-0107 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 ,,/B. Unfinished Business: B.1 2020-0038 VAC 19-6947 (411 E. MAPLE ST./MOORS): AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT At the February 4, 2020 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 4 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 ✓C. New Business: /C - 1 2020-0083 TOWNE WEST CAPITAL PARTNERS I, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 C.2 2020-0080 BID #20-26 TRI STAR CONTRACTORS, LLC - 2019 BOND PROJECT: A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND A- 3 2020-0095 RZN 19-6966 (1340 N. PORTER RD./ROSS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6966 FOR APPROXIMATELY 1.38 ACRES LOCATED AT 1340 NORTH PORTER ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN City of Fayetteville, Arkansas Page 5 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 C.4 2020-0094 VAC 19 6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT C'.5 2020-0100 C-PZD 19-6952 (5102 W. WEDINGTON DR./LBDG WEDINGTON): AN ORDINANCE TO APPROVE A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 19-6952 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 5102 WEST WEDINGTON DRIVE TO ALLOW THE DEVELOPMENT OF MINI -STORAGE UNITS AND ACCESSORY OFFICE AND RETAIL SPACE r C. 6 2020-0110 AMEND § 158.02 CASH BOND: AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS # 1 r t �►i,4 � l �v- bqSJ 11/0 ISI. 5q4%' 9 2v- D. City Council Agenda Session Presentations: E. City Council Tour: i ! V "IV A/ F. Announcements: a G. Adjournment C� City of Fayetteville, Arkansas Page 6 Printed on 215/2020 I a Gu tY6 rA a i 4a aldlao City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 c Op City Council Tentative Agenda Tuesday, February 11, 2020 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda February 11, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions 11. 2019-0866 STATE OF THE CITY ADDRESS - MAYOR LIONELD JORDAN City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. Consent: 2019-0971 APPROVAL OF THE JANUARY 21, 2020 CITY COUNCIL MEETING MINUTES A 2 2020-0082 INSITUFORM TECHNOLOGIES, INC.: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS City of Fayetteville, Arkansas Page 2 Printed on 2/5/2020 City)Cauncil Agenda Session Tentative Agenda February 11, 2020 3 2020-0085 BID #20-25 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 r- 4 2020-0091 TED AND ROBERTA WILLIS: A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK 2020-0102 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY City of Fayetteville, Arkansas Page 3 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 .6 2020-0108 NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST 1N THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY 2020-0106 NORTHWEST ARKANSAS LAND TRUST CONSERVATION EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT A.8 2020-0083 TOWNE WEST CAPITAL PARTNERS 1, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 City of Fayetteville, Arkansas Page 4 Printed on 2/5/2020 City Coynoil Agenda Session Tentative Agenda February 11, 2020 2020-0099 BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT A. 10 2020-0107 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 A. 1 2020-0080 BID #20-26 TRI STAR CONTRACTORS, LLC - 2019 BOND PROJECT: A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND B. Unfinished Business: City of Fayetteville, Arkansas Page 5 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 I�1 2020-0038 VAC 19-6947 (411 E. MAPLE ST./MOORE): AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT At the February 4, 2020 City Council Meeting this item was left on the first reading- 71 eading. 7C. ew Business: 1 2020-0095 RZN 19-6966 (1340 N. PORTER RD./ROSS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6966 FOR APPROXIMATELY 1.38 ACRES LOCATED AT 1340 NORTH PORTER ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN 2 2020-0094 VAC 19 6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT City of Fayetteville, Arkansas Page 6 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 3 2020-0100 C-PZD 19-6952 (5102 W. WEDINGTON DR./LBDG WEDINGTON): AN ORDINANCE TO APPROVE A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 19-6952 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 5102 WEST WEDINGTON DRIVE TO ALLOW THE DEVELOPMENT OF MINI -STORAGE UNITS AND ACCESSORY OFFICE AND RETAIL SPACE O14 2020-0110 AMEND § 158.02 CASH BOND: AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 2/5/2020 �F 4AYEi, J �°L �m Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE 4gka NS PS ATTORNEYCITY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant CityAtton,ey Jodi Batker THRU: Kara Paxton, City ClerkParalegal FROM: Kit Williams, City Attorney a - DATE: February 19, 2020 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 18, 2020 1. A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS 2. A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 3. A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK 4. A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO.7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY 5. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT 6. A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY 7. A RESOLUTION TO APPROVE CHANGE ORDERNO.2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 8. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 9. AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT 10. AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 34.85 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET 11. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6982 FOR APPROXIMATELY 24.81 ACRES LOCATED AT 1210 NORTH 54TH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES 12. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 13. A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND 14. AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT 15. AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, February 18, 2020 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda February 18, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Agenda Additions A. Consent A. 1 2020-0082 INSITUFORM TECHNOLOGIES, INC.: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS A.2 2020-0085 BID #20-25 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 City of Fayetteville, Arkansas Page 2 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 A. 3 A. 5 2020-0091 TED AND ROBERTA WILLIS: A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK 2020-0102 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY 2020-0106 NORTHWEST ARKANSAS LAND TRUST CONSERVATION EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT City of Fayetteville, Arkansas Page 3 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 A.6 2020-0108 NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY A.7 2020-0099 BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT A.8 2020-0107 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 B. Unfinished Business B.1 2020-0038 VAC 19-6947 (411 E. MAPLE ST./MOORE): AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT At the February 4, 2020 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 4 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 C. New Business C. 1 2020-0130 ANX 20-69811210 N 54TH STREET FAYETTEVILLE HOUSING PARTNERS: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 30.04 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET C.2 2020-0131 RZN 20-6982 1210 N 54TH STREET FAYETTEVILLE HOUSING AUTHORITY: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6982 FOR APPROXIMATELY 24.81 ACRES LOCATED AT 1210 NORTH 54TH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES C.3 2020-0083 TOWNE WEST CAPITAL PARTNERS I, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 City of Fayetteville, Arkansas Page 5 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 C. 4 C. 5 C. 6 2020-0080 BID #20-26 TRI STAR CONTRACTORS, LLC - 2019 BOND PROJECT: A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND 2020-0095 RZN 19-6966 (1340 N. PORTER RD./ROSS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6966 FOR APPROXIMATELY 1.38 ACRES LOCATED AT 1340 NORTH PORTER ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN 2020-0094 VAC 19-6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT City of Fayetteville, Arkansas Page 6 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 C.7 2020-0100 C-PZD 19-6952 (5102 W. WEDINGTON DR./LBDG WEDINGTON): AN ORDINANCE TO APPROVE A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 19-6952 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 5102 WEST WEDINGTON DRIVE TO ALLOW THE DEVELOPMENT OF MINI -STORAGE UNITS AND ACCESSORY OFFICE AND RETAIL SPACE C.8 2020-0110 AMEND § 158.02 CASH BOND: AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 7 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a City Council member or city staff City of Fayetteville, Arkansas Paye 8 Printed on 2/12/2020 City Council Meeting Final Agenda February 18, 2020 member except through the Mayor. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72 -hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 9 Printed on 2/12/2020 C. 1 Agenda Session Walk On 02/11/2020 Legistar ID No.: 2020- 0130 AGENDA REQUEST FORM FOR: Council Meeting of February 18, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF FAYETTEVILLE HOUSING PARTNERS AND ANNEX 30.04 ACRES LOCATED AT 1210 NORTH 54TH STREET APPROVED FOR -AGENDA: 03,11 w", Kw Efff,'~ :�.--/ I � / z -,o Zc Asst. .ity Attorney Blake Pennington Date (as to form) CITY OF FAYETTEVILLE 4W ARKANSAS MEETING OF FEBRUARY 18, 2020 - TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: February 10, 2020 CITY COUNCIL MEMO SUBJECT: ANX 20-6981: Annexation (1210 N. 54TH ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54TH ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 30.04 acres. The request is to annex the property into the City of Fayetteville. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to annex the subject property, as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 515' and 54th Avenues. Although an approximately 9 -acre portion of the overall property currently lays within incorporated Fayetteville, a larger 30 -acre portion is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed so that a portion of the property can be developed and the remainder left in agricultural or open space use. An order of annexation was signed by the Washington County Judge on January 2, 2020. Land Use Plan Analysis: Please see the attached Planning Commission staff report DISCUSSION: On February 10, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. Public comment was made from a nearby resident with concerns about drainage. Additionally, representation from the Fayetteville Housing Authority spoke in support of the proposal. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report 20-6981 EXHIBIT 'B' THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 AND PART OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE NORTH LINE THEREOF 587'36'11"E 661.20 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02018'45"W 1318.98 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02°18'18"W 659.91 FEET; THENCE LEAVING SAID EAST LINE N87*40'33"W 661.03 FEET TO THE WEST LINE OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID WEST LINE NO2018'18"E 659.91 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE WEST LINE THEREOF NO2018'18"E 1319.82 FEET TO THE POINT OF BEGINNING, CONTAINING 30.04 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 10, 2020 (Updated with Planning Commission Results) SUBJECT: ANX 20-6981: Annexation (1210 N. 54TH ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54TH ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 30.04 acres. The request is to annex the property into the City of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX 20-6981 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 20-6981 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 51St and 54th Avenues. Although an approximately 9 -acre portion of the overall property currently lays within incorporated Fayetteville, a larger 30 -acre portion is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential AG/SF Res 1 (Unincorporated Washington Count South Single-family Residential R -A, Residential Agricultural East Undeveloped AG/SF Res 1 (Unincorporated Washington County) West Single-family Residential; Outdoor Materials Storage AG/SF Res 1 (Unincorporated Washington County) Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed so that a portion of the property can be developed and the remainder left in agricultural or open space use. An order of annexation was signed by the Washington County Judge on January 2, 2020. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (RZN 20-6982). Although initially concerned, nearby property owners have expressed support or ambivalence once understanding the scope of the proposal. INFRASTRUCTURE: Streets: The subject parcel has direct access to West Wedington Drive, North Sunshine Road, North 54th Avenue, and West Yellow Brick Road. Per the 2040 Master Street Plan, Wedington Drive is a fully -improved Regional Link, High Activity, Sunshine is a Neighborhood Link, and 54th Street was downgraded from a Collector Street (Neighborhood Link) to a Residential Link. Additionally, a street stub -out from West Yellow Brick Road abuts the property's northern boundary. A planned residential link is proposed in the 2040 Master Plan to bisect this property east -west and connect with Ponca Street to the east. Any drainage or street improvements required would be determined at the time of development proposal. Water: While public water is available to the overall site through an existing 8 -inch water main on Sunshine and Yellow Brick, and one 18 -inch main on Wedington, parcels 001-11744-000 and 001-11744-001, do not have direct access. These are the parcels on which Cobblestone Farms currently lay. Sewer: Similarly, while public sanitary sewer is available to the overall site through 8 -inch mains on 54th and Sunshine, and a 6 -inch main on Wedington, parcels 001- 11744-000 and 001-11744-001, do not have direct access. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Although no FEMA -designated floodplain nor City -designated protected stream are found on the property, there are hydric soils along the southern extents of the site. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF CITY' PLAN 2040 Res. 35x20 12.3 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St (Fay Housing Partners) 398\03 PC\02-10-2020 Finding: Following nearby annexations in 1994 and 2001 that subsequently developed as the Sage Meadows and Heritage Village subdivisions, the subject property and other unincorporated areas near it became a peninsula of Washington County land bordered by Fayetteville's corporate limits on three sides. While incorporation of the subject property will annex a portion of this peninsula, the situation may also be aggravated as many of the remaining, adjacent unincorporated properties will be bordered on three sides by the City of Fayetteville where they were previously bordered on one or two sides. The proposed new city limit boundaries could cause confusion for service providers and residents because of the atypical configuration. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in west Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing no subdivisions. Development is limited to buildings and activity associated with agricultural land use. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of the subject property. To the south, the annexation boundary aligns with existing, incorporated land along Wedington Drive. To the west and east it abuts unincorporated land, and to the northeast, Sunshine Road right-of-way. The northern extents of the property adjoin the established Amber Jane Estates subdivision in unincorporated Washington County. 12.3.5.e The provision of services should be concurrent with development. Finding: The property is adjacent to City water and sewer, and the site is within acceptable response times of the Fayetteville Fire Department. Connection to water and sewer service would be the responsibility of the property owner. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The property is largely undeveloped except for a farm and its accessory structures. While portions of the property have significant mature tree growth, the majority is clear. Furthermore, no portion of the property is designated as floodplain, Hillside -Hilltop Overlay District, or Streamside Protection Zone. A portion of the northwestern corner of the property, totaling approximately 1.25 acres, is within the Enduring Green Network. Although not currently determined, hydric soils on the property may indicate GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St (Fay Housing Partners) 398\03 PC\02-10-2020 wetlands. A wetlands determination may be required at the time of development. EMERGENCY AND PUBLIC SERVICES 12.3.5.8 Public services must be able to be provided efficiently in newly annexed areas. Finding: Firer The Fayetteville Fire Department response time to this location is approximately five minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck. Police: To date, the Fayetteville Police Department has not expressed any concerns with this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: The subject property would receive the same services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick-up, and zoning protection as nearby property within the City. 12.3.5.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units, and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Fire and police protection are currently provided to the portion of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currently the de facto first responder. The overall property currently has access to City water and sanitary sewer, but extensions will likely be required to serve the larger property currently outside the City limits. 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Between the existing utilities located along Wedington Drive to the south, 54th Avenue to the west, Sunshine Drive to the northeast, and Yellow Brick Road to the north, Engineering does not anticipate a need to upgrade utilities to accommodate development of the property. GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St (Fay Housing Partners) 398\03 13002-10-2020 Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. If developed under the zoning requirements of the concurrently -requested RI -U and CS zoning districts there will be a marked increase in both density and traffic. Given adjacency to Wedington Drive and existing traffic accident data, Planning staff does not anticipate that increased traffic from this site will pose a traffic danger. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: Not applicable; the extent of the proposed rezoning is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: Not applicable; The subject property and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the property is included within the City's Future Land Use Plan. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. However, the applicant has submitted a concurrent request to rezone a portion of the area under consideration for annexation and the entire area already within Fayetteville. The request is to rezone approximately 2.28 acres along Wedington to CS, Commercial Services, and a larger area north and west of that to RI -U, Residential Intermediate, Urban. The RI -U area will include the balance of the area currently in Fayetteville not proposed as CS, and an additional 15.2 acres of the land under consideration for annexation. The remainder of the property is proposed to remain R -A, Residential Agricultural, for continued farming use. GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St (Fay Housing Partners) 398\03 PC\02-10-2020 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. 12.3.5.s Residents should be fully informed of annexation activities. Finding: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, a legal advertisement has been submitted with the local newspaper prior to the Planning Commission meeting for which this item is scheduled. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a moderate size, totaling approximately 30 acres. The request would somewhat reduce a peninsula of unincorporated area, but it would also exacerbate the remoteness of other areas of the peninsula not proposed for annexation. If the Council desires to annex the area, staff would recommend additional area be incorporated to "square -off" the city limits to create a more logical boundary. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the proposed rezoning, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land toward the western extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes urban form and higher densities somewhat ameliorates this concern. RECOMMENDATION: Planning staff recommends forwarding ANX 20-6981 to the City Council with a recommendation of approval. GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St (Fay. Housing Partners) 398\03 PC\02-10-2020 PLANNING COMMISSION ACTION: Required YES Date: February 10 2020 O Tabled M Forwarded O Denied Motion: Johnson, to forward to the City Council with a recommendation of approval. [Second: Paxton Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • City Services Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N 54th St. (Fay. 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N Z3 as ++ N �+ cd cd O �i U OUn G �. ° c i aoi -o 1° o -� o o a� ami o `a o V . - ° > r. �' '�' � �' o ami � � � v a`�i a`�i X .� ❑ a p a`di o a� o C �,,, y � � a� Q. Q o QQ �d�QQ =Q oci QOOF Q c�Q.QF- o N r r m Lo ° o N °ca °�--' C o �`' i 0 3 N C In 03 U .d . � ❑ N 03 vi .p a c. •3 0 En 0., cz U N o ..�. C y • � N +� 1z:cn • cn oncm N N G NN :St ty � G •� y � RI �' C 'i::s iCbA O O N v N r bA LN, +, O U cn O _ cG rr. y r m Lo (trI Cr+afton Tu I I 'r9SC'f11it;C�UY� � hilt=jilie.'.f;'i itl?� � Si1S�it'yli? January 2, 2020 City of Fayetteville Planning Staff 125 W. Mountain Street Fayetteville, AR 72701 RE: Wedington Rezoning CTA Job No. 19112400 To whom it may concern, ANX 20-6981 Request Letter 901 N 47th Street, Suite 200 Rogers, AR 72756 479.636,4838 (Ph) 479.631.6224 oalo This submittal is for the annexation of approximately 30 acres along Wedington Dr. There is currently approximately 10 acres of property within the city limits and this will bring the rest into the city. The property is adjacent to existing city limits on the south and west sides. No island or enclave will be created with this annexation. The intent for land use on the affected property is further explained in the submittal letter for the proposed zoning of the property. Should you have any questions or concerns feel free to contact us. Thanks, Taylo indley, P.E. Proj ct Manager DocuSign Envelope ID: E46554CE-1542-4598-8027-FF32BACFBAI4 C. ANX 20-6981 Order of De -annexation IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS CC NO. 2019-43 TO SAID CITY OF FAYETTEVILLE, ARKANSAS ORDER CONCERNING ANNEXATION On this regular day of a regular term of the County Court of Washington County, Arkansas, there is presented to the Court by the New Heights Church, the petition of the real estate owner desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. This Court being fully advised of the facts and the law does hereby find as follows: The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. 4. The Court finds that the territory consists of lands that: a.. whether platted or not, are held to be sold as suburban property; b, represent the actual growth of the municipality beyond its legal boundary; and C. are needed for proper municipal purposes such as the extension of need police regulations. DocuSign Envelope ID: E46554CE-1542-459B-8027-FF32BACFBA14 Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. OocuSipnCd cy: • -- 30194927ST444F.., JOSEPH K. WOOD, COUNTY JUDGE DATED:January 2, 2020 8:48 AM CST Fayetteville, AR 2/5/2020, 1:12:15 PM Sewer Flessm zed Main 2 _ 8, +} Hydrant — 10 18" watEr Main 20' 36,• 8 -inch Water Main ` (Yellow Brick Road)-- Unknown t - I- Alkf"tPeir�ttrr -- 8' to 12' 8 -inch Water Main -� 12" and Up (Sunshine) f, l , 11 IWXIMCK 1 4 PMX r Proposed j Annexation , 8 -inch Sewer Main t (54th Ave.) r 1. 'Associated {. Property - 8 -inch Water Main (Wedington) 6 -inch Sewer Main (Wedington) 18 -inch Water Main (Wedington) City<of Fayette t -* AR 0 I t 4 v, j ler y 2/5/2020, 1:12:15 PM Sewer Flessm zed Main 2 _ 8, +} Hydrant — 10 18" watEr Main 20' 36,• Ul7known Diameter Sewer Main 1 $ Unknown 10' - 20" �_. up to 8' 24' - 42_ -- 8' to 12' -� 12" and Up 1:9,028 0 0 075 0.15 03 mi 0 0,1 02 04 km The data conmmed heremwasic piled from various sm.a— for the sole use and benefit of he Cly of Fay et[e Ville Geographe Il form at, on System and the puble agencies it se Any use of the data by anyone other than he Ctly of Fayetteville is at the sole risk of the antl by accepts he of nis data, the user does hereby agree to indemnify he City or Fayelleville and hold he City of Fayell a Ville harmless from and without lisdlly for any claims, actions, cost for damages of any nature, including he mly'sceet of defense asserted by u or by a'the, ans in from the use of this dab The Cly of Fayetlev elle makes no ex pre ss orimpl led waranle es wih reference to the data No wortl, phrase, or clause found her— shall b e construed to waiv a that fort immunity set for th under Arkansas l aw ANX20-6981 FAYETTEVILLE HOUSING One Mile View 0 0.125 0.25 0.5 Miles a ■ r r + Subject Property I2 -A Legend + + Planning Area 1_ zz a a Fayetteville City Limits Shared Use Paved Trail Planning Area Trail (Proposed) - Fayetteville City Limits .... I _R_O — Rhr[P-12 RIKIMhTIAL SINOLC.FANSLY EXTRACTION � E -t p Rsu Ri �� COMMERCIAL Reaieenl,Vorcce rD U EO DISTRICTS RSF i R a ■ ownlwm General RESIDENTIAL MULTIFAMILYRIF �mme lI s, e Neia�ao�sencea RMF 6 NeiB�su'�ootl Concemlion I RMF ,S PLAIN EO ZONING DISTRICTS RMF isa0 r RMF INSTITUTIONAL a e INDUSTRIAL� i eav mmaa®la �BN i�ea:trial ANX20-6981 Close Up View Rl-1Z ALLEY 1449 CHATT L ST ALLE ;. 1381 FOU THIN S ' ALLEY 1315 1 FAYETTEVILLE HOUSING Subject Property er■■■■■■■■■ Legend Hillside -Hilltop Overlay District - : Planning Area — �� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint RN V-4 I LEI OR -- `---------- •------- - - - - - - LU R -,k Q r V) r L!7 NORTH Residential -Agricultural RSF-4 Feet RI -12 0 145 290 580 870 1,160 P-1 1 inch = 400 feet ANX20-6981 Future Land Use FAYETTEVILLE HOUSING 1 Subject Property Li, NORTH 1 1+1L1 HT DR OpNUGH1 1 1 ! 1 ! 1 ! 1 1 � 1 1 1 1 1 1 � 1 1 1 1 ! 1 ( 1 1 F 1 1 F r 1 F ! ! r - - - - - - - - - - - ^ - - - - M I 11.1 r is F �f— F L0 h— UJI U'� Q F Legend ! - - - :Planning Area Future Land Use 2040 - - f Natural Area 4 - - -� Fayetteville City Limits Feet Rural Area Residential Neighborhood Area Shared Use Paved Trail Complete Neighborhood Plan 0 180 360 720 1,080 1,440 Trail (Proposed) Civic and Private Open Space/Parks Building Footprint 1 inch = 500 feet C. 2 Agenda Session Walk On 02/11/2020 Legistar ID No.: 2020- 0131 AGENDA REQUEST FORM FOR: Council Meeting of February 18, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6982 FOR APPROXIMATELY 24.81 ACRES LOCATED AT 1210 NORTH 54TH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES APPROVED FOR AGENDA: Ci ty uracil Mem r Kyle Smith ate Asst. City Attorney Blake Pennington Date (as to form) CITY OF FAYETTEVILLE W4W ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: February 10, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-6982: Rezone (1210 N. 54TH ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54TH ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 24.81 acres. The request is to rezone the properties, in conjunction with an annexation, to RI -U, RESIDENTIAL INTERMEDIATE -URBAN & CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 51St and 54th Avenues. Approximately 9 -acres of the property is currently within incorporated Fayetteville and a larger, approximately 15 -acre piece is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Request: The request is to rezone approximately 2.28 acres at the southeastern corner of the property to CS, Community Services, and approximately 15.20 acres to the north and west of that to RI -U, Residential Intermediate, Urban. The remaining portion of the subject property will be designated R -A, Residential Agricultural, with City Council approval of the concurrently -submitted annexation (ANX 20-6981). The applicant has indicated that the requested zoning districts will facilitate development of a walkable, mixed -density community adjacent to services. Land Use Compatibility: The proposed zoning is not generally compatible with the immediately surrounding agricultural and residential land uses. However, with due consideration for development trends it is likely that this portion of Wedington Drive will continue to develop as Fayetteville's population grows and as services are increasingly needed by the large number of purely -residential neighborhoods between Rupple and Double Springs Road. Ultimately, it is unlikely that the large, undeveloped or agricultural lots near the subject property will remain open Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 space or pasture, and staff anticipates that the applicant's request will compliment future development. Plan and Compatibility Analysis: Staff finds the proposed rezoning to be generally in agreement with the Future Land Use Map and consistent with the goals of City Plan 2040. While the Residential Neighborhood Designation encourages low -intensity nonresidential activities, the CS zoning district allows many uses, such as gas stations and drive-thru restaurants that can have adverse impacts on neighbors. That said, the location of the proposed mixed-use zoning along Wedington, a major traffic corridor, can mitigate many of the impacts associated with more intense residential development. Furthermore, locating CS zoning near existing and potential residential areas can further the City's goal to create compact, complete, and connected neighborhoods through the provision of a wide range of potential goods and services. Regarding the proposed RI -U zoning, staff finds that the diversity in allowed housing types, including single-, 2-, 3-, and 4 -family dwellings, is complimentary to the Residential Neighborhood Area designation. The flexibility in lot sizes and building types permitted in the RI -U zoning district allows for greater potential to develop attainable housing than a typical, single -use zoning district. Designating a portion of the subject property RI -U would also compliment the City's goals to limit sprawl by allowing higher densities near existing infrastructure, thereby mitigating the costs often associated with low-density peripheral development. Lastly, the allowance for higher densities along a major transportation corridor like Wedington increases the feasibility of various forms of transportation, whether vehicular, public transit, bicycle, or other. When considering compatibility with existing land uses and consistency with adopted land use plans together, staff finds that the request is appropriate overall. DISCUSSION: On February 10, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. Public comment was made from a nearby resident with concerns about drainage. Additionally, representation from the Fayetteville Housing Authority spoke in support of the proposal. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report ►a RZN20-6982 FAYETTEVILLE HOUSING Close Up View RI -12 RSF-4 Legend Hillside -Hilltop Overlay District Shared Use Paved Trail Trail (Proposed) - I Planning Area - Fayetteville City Limits Building Footprint 20-6982 EXHIBIT 'A' Subject Property Proposed RI -U i - — — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Proposed CS R -A Feet 0 145 290 580 870 1,160 1 inch = 400 feet m Zoning Acres CS 2.3 RIU 21.8 Total 24.1 To CS, Community Services: PART OF THE E 1/2 OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02°18'18"W 969.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S02018'45"W 300.00 FEET TO THE NORTH RIGHT- OF-WAY OF ARKANSAS STATE HIGHWAY 16; THENCE ALONG SAID RIGHT-OF-WAY N87'35'04"W 330.43 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NO2018'31"E 300.00 FEET; THENCE S87°35'04"E 330.45 FEET TO THE POINT OF BEGINNING, CONTAINING 2.28 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. To R -A, Residential -Agricultural: PART OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE NORTH LINE THEREOF S87°36'11"E 661.20 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02018'45"W 1000.00 FEET; THENCE LEAVING SAID EAST LINE N87°36'11"W 661.07 FEET TO THE WEST LINE OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID WEST LINE NO2'18'18"E 1000.00 FEET TO THE POINT OF BEGINNING, CONTAINING 15.18 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. To RI -U, Residential Intermediate, Urban PART OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 AND PART OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID WEST LINE S02018'18"W 1000.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S87°36'11"E 661.07 FEET TO THE EAST LINE OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID EAST LINE S02°18'45"W 319.98 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02'18'18"W 969.64 FEET; THENCE LEAVING SAID EAST LINE N87'35'04"W 330.45 FEET; THENCE S02'18'31"W 300.00 FEET TO THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 16; THENCE ALONG SAID RIGH -OF -WAY THE FOLLOWING THREE COURSES: THENCE N87035'04"W 297.42 FEET; THENCE N56037'14"W 29.15 FEET; THENCE N87'18'07"W 8.05 FEET TO THE WEST LINE OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID WEST LINE N02018'18"E 1253.55 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE WEST LINE THEREOF NO2'18'18"E 319.82 FEET TO THE POINT OF BEGINNING, CONTAINING 21.82 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS wr TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 10, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-6982: Rezone (1210 N. 54T" ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54T" ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 24.81 acres. The request is to rezone the properties, in conjunction with an annexation, to RI -U, RESIDENTIAL INTERMEDIATE -URBAN & CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 20-6982 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 20-6982 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 51St and 54th Avenues. Approximately 9 -acres of the property is currently within incorporated Fayetteville and a larger, approximately 15 -acre piece is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction I Land Use Zoning North Agricultural AG/SF Res 1 (Unincorporated Washington Count South Single-family Residential R -A, Residential Agricultural East Undeveloped AG/SF Res 1 (Unincorporated Washington Count...) West Single-family Residential; AG/SF Res 1 (Unincorporated Washington County) Outdoor Materials Storaae Request: The request is to rezone approximately 2.28 acres at the southeastern corner of the property to CS, Community Services, and approximately 15.20 acres to the north and west of that to RI -U, Residential Intermediate, Urban. The remaining portion of the subject property will be designated R -A, Residential Agricultural, with City Council approval of the concurrently -submitted annexation (ANX 20-6981). The applicant has indicated that the requested zoning districts will facilitate development of a walkable, mixed -density community adjacent to services. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning. Although initially concerned, nearby property owners have expressed support or ambivalence once understanding the scope of the proposal. INFRASTRUCTURE: Streets: The subject parcel has direct access to West Wedington Drive and North 5411 Avenue. Per the 2040 Master Street Plan, Wedington Drive is a fully -improved Regional Link, High Activity, and 54th Street was downgraded from a Collector Street (Neighborhood Link) to a Residential Link. A planned residential link is proposed in the 2040 Master Plan to bisect this property east -west and connect with Ponca Street to the east. Any drainage or street improvements required would be determined at the time of development proposal. Water: While public water is available to the overall site through an existing 18 -inch main on Wedington, parcels 001-11744-000 and 001-11744-001, do not have direct access. These are the parcels on which Cobblestone Farms currently lay. Sewer: Similarly, while public sanitary sewer is available to the overall site an 8 -inch main on 54th and a 6 -inch main on Wedington, parcels 001-11744-000 and 001- 11744-001, do not have direct access. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Although no FEMA -designated floodplain nor City -designated protected stream are found on the property, there are hydric soils along the southern extents of the site. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity, non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is not generally compatible with the immediately surrounding agricultural and residential land uses. However, with due consideration for development trends it is likely that this portion of Wedington Drive will continue to develop as Fayetteville's population grows and as services are increasingly needed by the large GAETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N. 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 number of purely -residential neighborhoods between Rupple and Double Springs Road. Ultimately, it is unlikely that the large, undeveloped or agricultural lots near the subject property will remain open space or pasture, and staff anticipates that the applicant's request will compliment future development. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally in agreement with the Future Land Use Map and consistent with the goals of City Plan 2040. While the Residential Neighborhood Designation encourages low -intensity nonresidential activities, the CS zoning district allows many uses, such as gas stations and drive-thru restaurants that can have adverse impacts on neighbors. That said, the location of the proposed mixed-use zoning along Wedington, a major traffic corridor, can mitigate many of the impacts associated with more intense residential development. Furthermore, locating CS zoning near existing and potential residential areas can further the City's goal to create compact, complete, and connected neighborhoods through the provision of a wide range of potential goods and services. Regarding the proposed RI -U zoning, staff finds that the diversity in allowed housing types, including single-, 2-, 3-, and 4 -family dwellings, is complimentary to the Residential Neighborhood Area designation. The flexibility in lot sizes and building types permitted in the RI -U zoning district allows for greater potential to develop attainable housing than a typical, single -use zoning district. Designating a portion of the subject property RI - U would also compliment the City's goals to limit sprawl by allowing higher densities near existing infrastructure, thereby mitigating the costs often associated with low-density peripheral development. Lastly, the allowance for higher densities along a major transportation corridor like Wedington increases the feasibility of various forms of transportation, whether vehicular, public transit, bicycle, or other. When considering compatibility with existing land uses and consistency with adopted land use plans together, staff finds that the request is appropriate overall. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff contends that the applicant's rezoning request is justified. This is based on the presence of existing and adequate infrastructure and the alignment of the proposal with the City's adopted planning goals. 3 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Wedington Drive, a state highway and Regional Link, High Activity under the Master Street Plan. Given existing traffic accident data and the ability of the property to access Wedington without directing traffic to the narrow and unimproved 54th Avenue, staff anticipates that potential for traffic danger and congestion is limited. GAETC\Development Services RevieM20200evelopment Services\20-6982 RZN 1210 N 54th (Fay Housing Partners) 398\03 PC\02-10-2020 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R -A and the current Washington County AG/SF Res 1 zoning designation will almost certainly lead to greater density on the subject property than would otherwise occur. That being said, adjacency to existing water, sewer, and street infrastructure will limit the potential for density having an adverse impact. Further, neither the Police nor the Fire Department have expressed objection to the proposal. Similarly, no comment has been received from the Fayetteville Public School District. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 20-6982 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 10, 2020 O Tabled ® Forwarded O Denied 'Motion: Belden, to forward to the City Council with a recommendation of approval. Second: Johnson Vote: 9-0-0 GAETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N. 54th (Fay Housing Partners) 398\03 PC\02-10-2020 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.12 — RI -U, Residential Intermediate, Urban o §161.22 — CS, Community Services • Request letter • One Mile Map • Close-up Map ■ Current Land Use Map + Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 161.12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living (B) Uses. Rear Rear, from (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Side Side Rear Rear, from Front Other Single & Other centerline of Uses Two (2) Uses an alley Family A build -to zone that is located between the front property, line and None a line 25 feet from the front property line. 5 feet 5 feet 12 feet (F) Building Height Regulations Building height maximum 2 stories/3 stories* G:\ETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N. 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 " A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area (H) Minimum Buildable Street Frontage 50% of the lot width. (Ord No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) GAETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N. 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses (1) Permitted Uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit Eating places 13 Unit 15 Neighborhood Shopping goods Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit Sidewalk Cafes 40 Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods WETC\Development Services Review\2020\Development Services\20-6982 RZN 1210 N. 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities" r Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single- family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7=9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19) G:\ETC\Development Services RevieM2020\Development Services\20-6982 RZN 1210 N. 54th (Fay. Housing Partners) 398\03 PC\02-10-2020 Crafton TulII t.ro.1 - architecture i eng �,Lmig w sw raying January 2, 2020 City of Fayetteville Planning Staff 125 W. Mountain Street Fayetteville, AR 72701 RE: Wedington Rezoning CTA Job No. 19112400 To whom it may concern, 901 N 47th Street, Suite 200 Rogers, AR 72756 479 636 4838 1 ph) 479.631.6224 na:t o This submittal is for the rezoning of approximately 40 acres along Wedington Dr to residential agriculture, residential intermediate urban, and community services. The neighboring properties are a combination of residential single family, residential intermediate, and residential agriculture. The land to the north of the requested rezoning is property that has not been annexed into the City of Fayetteville. By rezoning the northern portion to residential agriculture there will be a consistency of zoning between the adjacent properties remaining in the county and the development. Residential agriculture will also provide a transition into more dense residential zoning to the south. The residential intermediate urban is consistent with properties to the west. The residential intermediate zoning will allow for various housing values and promote a walkable community with nearby amenities. The community services portion of the rezoning will benefit the neighboring properties by providing personal goods and services for residents. This area is adjacent to W Wedington Dr. and will allow for access for residents nearby. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Taylorindley, P.E. Project Manager RZN20-6982 One Mile View EA'YETTEVILLE HOUSING 0 0.125 0.25 0.5 Miles Ir • ��'-� Legend 1 1 Planning Area �_-_ _ 1 1 Fayetteville Cit Limits Y Y Shared Use Paved Trail r Planning Area '-^-•_J Trail (Proposed) Fayetteville City Limits NORTH 1 r r r 77k A -A ./ � RhIr-121 zml�g RESIDENTIAL SINGLE-FAMILY 12 G—r.1 In udnai e EXTRACTION NSG =E -I RI 12 NS L COMMERCIAL nLa1Of- RSF Snlal pr cNlural G12 FORM BASED DISTRICTS RSF 4 ■. �r� , a,o ra, R6F)RSF 9 _-1 Main Sreel Cenlxe r Cavnlmvn General RSF s mmcamma�uy seN��ea RESIDENTIAL MULTI -FAMILY rveipnpornooa semens MF rNeiBll h-Ganse .. --•J RMF 13 RMF-Ifi PLAN NED ZONING DISTRICTS - -I RMF 1a i.- . r.li..:. INSTITUTIONAL -- INDUSTRIAL eaw commer��al a�a mam ma�M�ai 'F1 RZN20-6982 F'AY"ETTEVILLE HOUSING Close Up View RI-12 a � ■■r■r■r■r ■r■■■■r■■rr�■■■Kira ■ • Subject Property Proposed • RI -U i ----------------- ------------------t--,- RSF-4 Legend Hillside -Hilltop Overlay District Shared Use Paved Trail Trail (Proposed) -'Planning Area - - r Fayetteville City Limits Building Footprint Proposed CS R -A A& NORTH Feet 0 145 290 580 870 1,160 1 inch = 400 feet Zoning Acres CS 23 RIU 21.8 Total 24.1 RZN20-6982 Current Land Use RELIANCE FJEAWLLEYA4 PE CHTITEL� FAYETTEVILLE HOUSING PARTNERS Industrial x 4 IN Mixed -Density Residential Agricultural �a ;Subjecterty r r Agricultural W *. As 1WEDINGTDN DR Religious Single -Family Residential NORTH i, Single -Family Residential r I FEMA Flood Hazard Data Shared Use Paved Trail 100 -Year Floodplain Feet Floodway elliel, Trail (Proposed) �- - -, Planning Area 0 112.5 225 450 675 900 ' Fayetteville Cit Limits 1 inch = 300 feet ,___� Y Y RZN20-6982 Future Land Use E Dip Legend I Planning Area �___ _ 1 1 Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint FAYETTEVILLE HOUSING 1 1 1 1 1 1 1 1 1 1 1 1 1 I I i I � t 1 1 Subject Property NORTH 1 MOONLI HT ; DRO'O�ILIGH`V OR O ti 1 1 I w a in M,■ -w ■ 000-0 a Feet 0 180 360 720 1,080 1,440 1 inch = 500 feet Future Land Use 2040 Natural Area Rural Area Residential Neighborhood Area Complete Neighborhood Plan Civic and Private Open Space/Parks f CJ�/ covry'l GL iq/ate ORDINANCE NO. AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of general utility easements and rights-of-way are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the of a water and sewer easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that a 7 foot wide water and sewer easement is retained along the property's western boundary. PASSED and APPROVED this 18"' day of February, 2020. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By:— _ KARA PAXTON, City Clerk/Treasurer AMENDMENT TO CORRECT ACREAGE AND LEGAL DESCRIPTION ORDINANCE NO. AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 34.85 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET WHEREAS, Fayetteville Housing Partners has properly secured the Washington County Judge's authorization to annex their 34.85 acres on the north side of Wedington Drive located at 1210 North 54th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the annexation petition of Fayetteville Housing Partners and confirms the annexation to the City of Fayetteville, Arkansas of about 34.85 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R -A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 34.85 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED this 18th day of February, 2020. APPROVED: ATTEST: LIONELD JORDAN, Mayor By: _ KARA PAXTON, City Clerk/Treasurer ANX20-6981 Close Up View RI -12 ALLEY 1449 CHATT L ST ALLE ' 1381 FOUA TAIN ALLEY 1315 i Legend Hillside -Hilltop Overlay District - I Planning Area L — ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint FAYETTEVILLE HOUSING 1 20-6981 EXHIBIT 'A Subject Property DR RSIF-4 --—— — — — - — i c i .r r i e ,Y I CACI N d DR -- - - - - - - - - - - - - ------ -—- - EI W R -A Q F - y LO NORTH Residential -Agricultural RSF-4 Feet RI -12 0 145 290 580 870 1,160 P-1 1 inch = 400 feet 20-6981 EXHIBIT "B' Parcel No. 001-11742-000 Part of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11, and part of the E 112 of the NE 1/4 of Section 11, all in Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point S 00°11'18" E 662.62 feet from the NW corner of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11, thence N 00011'18" W 274.79 feet; thence East 882.72 feet; thence S 49'00' E 397.80 feet; thence S 89°20'22" W 1181.86 feet to the point of beginning, containing 6.37 acres, more or less. LESS AND EXCEPT a part of the NE 1/4 of the NE 1/4 of Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the NW corner of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11; thence S 00°11'18" E 387.80 feet; thence S 89°58'10" E 836.48 feet; thence S 48°57'36" E 90.00 feet to the true point of beginning, said point being the West right of way of North Sunshine Road and running thence along said right of way S 48°57'36" E 308.08 feet to a set iron pin; thence leaving said right of way, S 89°20'45" W 446.72 feet; thence N 00011'18" W 207.50 feet to a set iron pin; thence S 89058'10" E 215.00 feet to the point of beginning, containing 1.56 acres, more or less. AND Parcel Nos. 001-11744-001 and 765-16164-001 The E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and a part of the E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4, all in Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at the NW corner of the E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4, said point being a set 1/2 inch iron rebar; thence S 8736'11" E 330.60 feet to the NE corner of said E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02°18'45" W 1318.98 feet to a set 1/2 inch iron rebar at the SE corner of said E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02°18'45" W 1269.64 feet along the East line of said E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4 to a set 1/2 inch iron rebar on the North right of way line of Arkansas State Highway #16 (Wedington Drive); thence N 87035'04" W 330.43 feet along said right of way line to a set 1/2 inch iron rebar; thence leaving said right of way line, N 02018'31" E 1269.11 feet to a set 1/2 inch iron rebar at the NW corner of said E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02'18'31" E 1319.40 feet to the point of beginning. Subject to any easements and/or rights of way whether or not of record. LESS AND EXCEPT that part already within the City of Fayetteville. AND Parcel Nos. 001-11744-000 and 765-16164-000 The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and a part of the W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4, all in Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at the NW corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4, said point being an existing iron rebar; thence S 87°36'11" E 330.60 feet to the NE corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02018'31" W 1319.40 feet to a set 1/2 inch rebar at the SE corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02°18'3111 W 1269.11 feet along the East line of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4 to a set 1/2 inch iron rebar on the North right of way line of Arkansas Highway #16 (Wedington Drive); thence N 87`35'04" W 297.42 feet along said right of way line to a set 1/2 inch iron rebar; thence N 56°37'14" W 29.15 feet along said right of way line to a set 1/2 inch iron rebar; thence N 87°18'07" W 8.05 feet along said right of way to a set 1/2 inch iron rebar on the West line of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02°18'18" E 1253.55 feet to a set aluminum capped 1/2 inch iron rebar at the NW corner of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02°18'18" E 1319.82 feet to the point of beginning. Subject to the right of way 64th Street and any other easements and/or rights of way whether or not of record. LESS AND EXCEPT that part already within the City of Fayetteville. ��� 4F [Np0. Mre.lKAel1 T �m'<No.ev. Art—.... TJTOJ Crafton Tull o dcrmaerwrin.Fp+�ae+vlw+Ma .n.eu.ese I ....+rmWnYaeme - JiX>aeRtti rC J CRAP81C S::ALE 114 FEET e 7. LBDG WEDINGTON PZD FAYETEVILLE, AR 1Wr doc.m• Irunq+ - MnNi, n on W q or pc+u usrui w.k9 �r iM pipWlyd cannpn. fp1F T��oCA'1�4Inc.., w,p IMm tcnyip wrd. �t wMIF arin Mai. W+Mq nlnq. pry�c5 rn►auF ..7F�.uNNonm6 arGWru�iutl6..saelurel Fe. ++nwEt ra)P91[ITI{Q 4 irks G.fl :l ES/19 0� TEES cwa 7 I. J1iE1 DOCUI. LN IS PRELIMINARY IN �+®Te NATURE AND IS NOT ISSUED FOR 1i AFINAL, SIGH -ED � REVIEW At tJDSEALED + DOCUktENi ,P _ MASTER PLAN C-004 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 11, 2020 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda February 11, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. Consent: A. 1 2020-0082 INSITUFORM TECHNOLOGIES, INC.: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS A.2 2020-0085 BID #20-25 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 City of Fayetteville, Arkansas Page 2 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 A. 3 A. 5 2020-0091 TED AND ROBERTA WILLIS: A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK 2020-0102 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY 2020-0106 NORTHWEST ARKANSAS LAND TRUST CONSERVATION EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT City of Fayetteville, Arkansas Page 3 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 A.6 2020-0108 NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY A.7 2020-0099 BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT A.8 2020-0107 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 B. Unfinished Business: B.1 2020-0038 VAC 19-6947 (411 E. MAPLE ST./MOORE): AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT At the February 4, 2020 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 4 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 C. New Business: C. 1 2020-0083 TOWNE WEST CAPITAL PARTNERS I, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 C.2 2020-0080 BID #20-26 TRI STAR CONTRACTORS, LLC - 2019 BOND PROJECT: A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND C.3 2020-0095 RZN 19-6966 (1340 N. PORTER RD./ROSS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6966 FOR APPROXIMATELY 1.38 ACRES LOCATED AT 1340 NORTH PORTER ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN City of Fayetteville, Arkansas Page 5 Printed on 2/5/2020 City Council Agenda Session Tentative Agenda February 11, 2020 C.4 2020-0094 VAC 19 6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT C.5 2020-0100 C-PZD 19-6952 (5102 W. WEDINGTON DR./LBDG )VEDINGTON): AN ORDINANCE TO APPROVE A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 19-6952 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 5102 WEST WEDINGTON DRIVE TO ALLOW THE DEVELOPMENT OF MINI -STORAGE UNITS AND ACCESSORY OFFICE AND RETAIL SPACE C.6 2020-0110 AMEND § 158.02 CASH BOND: AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 6 Printed on 2/5/2020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0082 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 1 INSITUFORM TECHNOLOGIES, INC.: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH 1NSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in-place sanitary sewer linings. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0082 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/24/2020 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a one-year contract extension with Insituform Technologies, Inc. an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains in 2020 using cured -in-place sanitary sewer linings. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number Fund 02017.2020 Sanitary Sewer Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 4,177,868.00 Funds Obligated $ 752,919.00 Current Balance 3,424,949.00 Does item have a cost? Yes Item Cost $ 528,693.55 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 2,896,255.45 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 84-18, 144-18, 81-19 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: January 24, 2020 CITY COUNCIL MEMO SUBJECT: Insituform Technologies, Inc. - Contract Extension for Sanitary Sewer Rehabilitation using Cured -In -Place -Pipe Technology RECOMMENDATION: Staff recommends approval of a one-year contract extension with Insituform Technologies, Inc. an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains in 2020 using cured -in-place sanitary sewer linings. BACKGROUND: On March 7, 2018, the City of Fayetteville accepted sealed competitive bids for sanitary sewer main line and service lateral lining services. Insituform Technologies, Inc. submitted the lowest bid (Resolution 84-18, Bid #18-22). The bid schedule includes unit pricing for various items of work in order to complete the annual rehabilitation program. DISCUSSION: Direct contracting with Insituform Technologies, Inc. allows the City to execute its sanitary sewer rehabilitation program efficiently. Pipes being repaired with liners under this contract are either identified through normal City maintenance operations or by consultants during Sanitary Sewer Evaluation Studies (e.g., Smoke Testing). Engineering and administrative costs are minimized as these services are handled by city staff. This work is an integral part of the City's ongoing program to maintain its sewer system in the most long-term yet cost effective fashion, with cured -in-place linings being by far the lowest cost strategy for applications where it is appropriate. This will be the 3rd year of a 5 -year renewable contract with Insituform. BUDGET/STAFF IMPACT: Funds are available for this project in the Sanitary Sewer Rehabilitation account. Attachments: Resolution 84-18, Bid #18-22 Resolution 144-18 Resolution 81-19 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Ni 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 81-19 File Number: 2019-0159 INSITUFORM TECHNOLOGIES, LLC: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $528,693.55 FOR REHABILITATION OF SANITARY SEWER MAINS USING CURED -IN-PLACE SANITARY SEWER LININGS AND APPROVAL OF A CONTRACT AMENDMENT TO EXCHANGE THE PROFESSIONAL ENGINEERING ENDORSEMENT TO NEW CITY STAFF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in-place sanitary sewer linings, and further approves a contract amendment to replace the professional engineering endorsement with current Utilities Engineer Corey Granderson's seal. PASSED and APPROVED on 4/2/2019 Attest: r -f A Sondra E. Smith, City Clerk T;0;a Mr S . �IV $ r� • .... * • '• Page 1 Printed on 413119 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 144-18 File Number: 2018-0314 INSITUFORM TECHNOLOGIES, LLC CHANGE ORDER NO. 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. IN THE AMOUNT OF $280,192.55 TO ADD ADDITIONAL PIPE SEGMENTS TO THE 2018 PROPOSED SEWER REHABILITATION WORK PLAN USING THE CURED -IN-PLACE PIPE METHOD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to the contract with Insituform Technologies, Inc. in the amount of $280,192.55 to add additional pipe segments to the 2018 proposed sewer rehabilitation work plan using the cured -in-place pipe method. PASSED and APPROVED on 7/3/2018 Attest: Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 715118 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 84-18 File Number: 2018-0186 BID #18-22 INSITUFORM TECHNOLOGIES, LLC: A RESOLUTION TO AWARD BID #18-22 AND APPROVE A ONE YEAR CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS FOR AS -NEEDED REHABILITATION OF SANITARY SEWER MAINS AND SERVICE CONNECTIONS USING THE CURED -IN-PLACE PIPE METHOD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Suction 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #18-22 and approves a one year contract with Insituform Technologies, Inc. for as -needed rehabilitation of sanitary sewer mains and service connections using the cured -in-place pipe method for the prices set forth in the bid documents attached to this Resolution, with the option to renew for up to four additional one year terms and price increases upon renewal not to exceed 5%. PASSED and APPROVED on 4/3/2018 Approved: Attest: Sondra E. Smith, City Clerk T�e�tjet; R1_,oj81,1orf � .• o '« r. � Ca Page 1 Printed on 414118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0085 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 2 BID #20-25 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO AWARD BID #20-25 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $181,873.84 FOR THE STONE STREET WATER LINE IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,187.38 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 awards Bid #20-25 and authorizes Mayor Jordan to sign a contract with Tri Star Contractors, LLC in the amount of $181,873.84 for the Stone Street Water Line Improvements Project, and further approves a project contingency in the amount of $18,187.38. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0085 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/27/2020 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #20-25 and authorizing a construction contract with Tri Star Contractors, LLC in the amount of $181,873.84 for Stone Street Waterline Improvements Project, and approval of a contingency in the amount of $18,187.38. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 8,162,775.00 Funds Obligated $ - Current Balance $ 8,162,775.00 Does item have a cost? Yes Item Cost $ 200,061.22 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 7,962,713.78 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Water & Sewer Committee Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: January 27, 2020 CITY COUNCIL MEMO SUBJECT: Bid #20-25, Stone Street Waterline Improvements RECOMMENDATION: Staff recommends awarding Bid #20-25 and authorizing a construction contract with Tri Star Contractors, LLC in the amount of $181,873.84 for Stone Street Waterline Improvements Project, and approval of a contingency in the amount of $18,187.38. BACKGROUND: Public bids were received on January 15, 2019 for the Stone Street Waterline Improvements project. Tri Star Contractors, LLC was the lowest qualified bidder and was selected to provide construction services in the amount of $181,873.84. Currently, an aged 2 -inch galvanized pipe is supplying this area with water. The larger 8 -inch line will provide ample capacity for water demand and fire protection in the area. DISCUSSION: The construction will replace approximately 700 linear feet of 8" water main along the south side of Stone Street from Cross Ave. to Lewis Ave. Additional work to be provided includes curb and sidewalk demolition, sidewalk construction, pavement repair, fence removal and replacement, water meter relocation, curb and gutter & driveway construction, erosion control installation, and topsoil and sod placement. BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation account within the Water and Sewer Fund. Attachments: Certified Bid Tab Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Dates of Advertisement 12 11 2019 & 12,18 2019 Issue Date: 0115.2020 Nomger of Adaoadunn Certification of Funds Mao Award Amount 190,1300 00 237,50000 Bid 20-25, Construction - Stone Street Waterline Official Bid Tabulation Lioneld Jordan, Mayor 1,11, 10-25 Dale ""702. Tine 2 WPM ITIF A NO DESCRIPTION ESTIMATED UNI' QUANTITY D & 5 P2,ullr Yontrrictel N r PRICE LLC AMOIUNf Goins Enterprises. Init. :Gaud & Goodwin, Inc Irl acs I mrack ori, Inc. Mission 6antraclars, Lli. SwellCoretTuctlan, Inc Tri-Star �nl nati r , I IC It PAR:L, AMOUfi' PRICE AMOUNT I I - U PRJCE AMOUNI -RILE AMOUNT 1 PRICE AMOUNT PRICE AMCIIA- 1 Mcb1li7ation(Shall not exceed 5% of Total B�1 LS 1 1. 1 $ 8,00000 S $ 10,00000 S S 3,00000 S 8,000.00 10,00000 3,00000 $ 25,000.001 S 20,00000 $ 2,00000 $ 5,00000 5 5,00000 S 25,00000 $ 8,00000 $ 8,00000 $ 10,00000 $ 10,00000 $ 11,00000 $ 11,000.00 $ 9,30000 $ 9,30000 $ - S 4,15000 S 4,150.00 $ S 3,850.00 $ 3,85000 $ $ 3,500.00 $ 3,500 00 $ B,66066 S 4,75943. $ 2,50000 5 1,500 00 5 8,66066 - 4,75943 2,50000 1,500 00 - 2 Insurance and Bonding LS 3 Construction Control (Staking) LS av 4 Act 291, 1993 Trench and Excation Safety LS S 20,00000 S 2,00000 $ 10,00000 $ 10,00000 $ 2,00000 S 2,000.00 $ 7,50000 $ 7,50000 S 9,25000 $ 9,250.00 $ 3,50000 S 2,00000 $ 2,00000 $ 3,50000 1 S 2,00000 $ 2,000.00 5 5,00000 S 5,00000 5 250 00 $ 1,25000 S 50000 $ 5 2,50000 $ $ Doi $ $ 5000 $ $ 12500 $ $ 10000 $ 500 00 2,50000 2.50 2,50000 87,50000 4,00000 $ 8,500 00 $ 8,500 00 $ 4,000 00 $ 4,000.00 5 Clearing, Grubbing, &Demolition LS1 6 Rock Excavation Cy 1 5 5,50000 $ 5,50000 $ 10,00000 5 10,000.00 $ 5,00000 $ 5,000.00 $ 25,000.00 $ 12,900.00 S 12,900-00 S 8,00000 5 8,000.00 250 $ 200 00 S 50,000.00 50 5 2000 5 1,00000 $ 1 00 5 10 00 5 2,500 00 $ 100 00 $ 250 00 S 62,500 00 $ 22.00 $ 5,500 00 7 Unclassified Excavation CY S 2500 5 3500 S 1,75000 $ 11000 $ 5,500.00 5 5 S $ $ 5 $ $ ",400 S S 5000 ; 2,500.00 $ 7200. $ 50,40000 $ 6900 $ 2,76000 $ 42 00 5 2,10000 S 7,30000 $ 7,30000 $ 6.20000 S 6,20000 $ 1800 $ 34,200.00 $ 2,00000 $ 2,00000 $ $ 7,40000 S 90000 5 1,80000 $ 45000 $ 90000 $ 2400 S 6000 $ 5500 $ 3000 $ 5,50000 $ 6,00000 $ 800 $ 75000 $ 1,20000 S 50000 $ 80000 $ 1,200.00 42,000,00 2,200 00 1,500..00 5,S000D 6,00000 15,200 OO_ 750.00_ 1,20000 1,000.00 1,60000 B e PVC, C-900, Class 200 DR -14 Water Main LF 9 G" PVC, C 900 Class 200 DR -14 Water Main LE 10 1" Copper Water Service I ubin_g LF 700 $ 6500 $ 45,500.00 $ 14400 $ 114 00 5 100,80000 $ 8500 $ 59,50000 $ 5900 $ 41,300.00 $ 2,200 00 40 S 5000 $ 2,000.00 5 4,56000 $ 8000 $ 3,200 00 S 5500 50 S 3000 5 1,50000 S 5000 $ 2,50000 $ 1600 $ 80000 $ 4,80000 $ 4,80000 $ 4,50000 S 4.50000 $ 6000 $ 3,00000 5 1900 $ 950.00 $ 6,300.00 11 Three Way Fire Hydrant Assembly & Valve EA 1 5 4,50000 $ 4,50000 S 4,80000 $ 7,800.00 S 800 $ 4,800.00 $ 6,00000 $ 6,00000 $ 6,30000 12 12"x8"lap;llrtg Slceveanllkalve Baa, EA 13 E poxy Coaled Ductile l ron Fittings` LB. 14 Single Meter Setting, Complete to Existing LA 15 ouoc M&L-iSel Complete -to Existing EA 1 S 6,000.00 S 6100000 $ 7,800.00 $ 7,50000 S 7,50000 $ 5,50000 S 5,500.00 1,900 $ 1000 $ 19,00000 1 S 1,20000 $ 1,20000 1 5 2,00000 $ 2,00000 2 $ 15000 $ 300.00 $ 15,200.00 S 900 5 17,10000 $ 1600 $ 30,400.00 $ 750 $ 14,250.00 $ 66000 $ 66000 S 1,00000$ 1,00000 $ 1,000.00. S 1,00000 $ 250.00 $ 50000 $ 1,500.00 $ 1,50000 $ 1,85000 S 1,850,00 $ 1,30000 $ 1,300.00 $ 1,65000 $ 1,650,00 $ 1,85000 $ 1,850..00 16 Remove Existing Meter Service EA 17 S" Saddle, l" Corp. Stop and Tap EA S 40000 $ 60000 $ BOO 00 $ 500-0D $ 1,00000 $ 25000 $ 500,00 2 $ 45000 $ 90000 $ 1,200.00 $ 5,52500 $ 25000 5 50000 $ 750.00 $ 1,50000 $ 60000 $ 1,200.00 18 19 16" Direct Bury Steel Encasement Cut and Cap Existing 6" Water Main LF EA 65 1 1 1 75 $ 10000 $ $ 1,50000 5 $ 1,00000 $ $ 2,0000-0 $ $ 2000. S 6,50000 1,50000 1,00000 2,00000 1,50000 $ 85.00 $ 13500 $ 8,775.00 $ 15000 $ 9,75000 S 9800 5 6,37000 S ",500 19000 S $ 12,350 00 $ 3,500.00 S 150 OO $ 1,50000 $ 9,75000 1,50000 $ 4,20000 $ 1,80000 $ 4,20000 $ 1,80000 S 1,80000 $ 2,000.00 $ 2,00000 $ 1,65000 $ 1,650.00 20 Cut and Cap Existing 2" Water Main EA 21 Concrete Anchor Collar EA 22 Select Embankment Cy S 1,80000 $ 85000 $ 85000 S 1,00000 S 1,00000 $ 2,00000 $ 2,00000 $ 3,50000 $ 3,500,00 S 1,00000 $ $ 800 00 S 80000 S 95000 $ $ 6500 $ 4,87500 $ 12 75 $ 1,00000 95000 956.25 $ 80000 $ 80000 S 850.00 5 95000 $ 50.00 S 3175000 S 4,500.00 $ 4,500.00 j 5,100.00 $ 5,10000 5 3500 $ 250 5 3 50 $ 9500 $ 2,62500 $ 2500 $ 1,87500 $ 2200 $ 3,650.00 $ 4,100.00 23 4"Topsoil Placement SY 24 Solid Sod (Bermuda) SY 25 Asphalt Concrete Hol Mix Patching for TON Malrilnnoneersttraffic 1,000 $ 500 5 5,00000 1,000 $ 5.00 S 5,00000 $ 2,50000 $ 200 5 2,000.00 S 500 S 5,00000 S 410 $ 5 650 $ 600 5 6,50000 $ 6,000.00 $ 500 $ 500 $ .5,000 00 5,00000 $ 3,500.00 $ goo 5 8,00000 S 850 $ 8,50000 S 700 $ 7,00000 $ 3,450.00 15 S 130.00 S 1,95000 $ 1,425.00 $ 22500 5 3,37500 $ 17500 $ 2,62500 $ 230.00 - $ $ 19000 $ 2,85000 $ 17500 5 21,87500 $ 13000 $ 7500 $ 1,950.00 9,375.00 26 Pavement 8eprar L7 Patehl SY 125 5. 12500 5 15,62500 $ 145.00 $ 18,12500 $ 11000 S 13,75000 $ 9500 5 11,875.00 $ 12500 $ 15,62500 $ 2,200.00 27 Concrete Curb and Gutter (24" Type A) LF 100 250 s $ 3500 5 $ 6500 $ 3,500.00 16,250.00 $ 4500 $ 4,50000 $ 3500 $ 3,50000 $ 3000 $ 3,00000 $ 2200. $ 2600 5 2,60000 $ 18.00 $ 1,80000 28 29 4" Thick Concrete with Class 7 Base 6" Thick Concrete with Class 7 Base SY SY $ 90-00 S 22,500.00 $ 55.00 $ 5 65.00 $ 13,750 00 3,25000 $ 50.00 $ 12,500 00 $ 4500 $ 11,250 00 S S 64 00 $ 7900 S 16,000 00 $ 3,900.00 5 42 00 5 6000 S 10,500, 00 3,000 00 50 $ 85.00 $ 4,250-00 $ 11000 $ 5.00 5 5,500.00 $ 2,250..00 5 65.00 $ 3,250.00 $ 63.00 $ 3,150.00 30 31 32 Erosion Control Silt Fence Erosion Control Wattle Erosion Control Concrete Washout LF LF EA 450 $ 400 S_ 1,80000 S 300 5 $ 300 $ 1,35000 82500 5 5.00 5 2,25000 $ 300 $ 1,350.00 $ 5 10-00 5 1200 5 4„50000 S 3,300.00 $ 750 $ 6.00 $ 3,37500 1,65000 275 $ 1000 $ 2,75000 $ 1500 $ 30000 _ S 4,12500 S 300.00 $ 5..00 $ 1,37500 $ 3.00 5 82500 1 S 1,50000 S 1,50000 S 800,00 $ 800.00 5 750.00 $ 750.00 S 50.00 $ 5000 S 5,00000 $ 1,80000 $ 1,80000 $ 50000 5 500.00 33 Traffic Control and Maintenance LS 1 $ 6,00000 5 6,00000 $ 5,50000 $ 4500 $ 3000 5 4000 $ 35.00 $ 5,50000 $ 8,00000 S 8,00000 $ 4,50000 $ 4,50000 $ 5,000.00 $ 5,40000 S 5,40000 $ 2,7513 00 $ 2,750-00 34 6' Chain Link Fence With Barbed Wire LF 25 S 10000 5 2,50000 130 5 60.00 5 7,80000 25 $ 100.00 $ 2,500.00 32 $ 10000 $ 3120000 $ 1,125.00 $ 4500. $ 1.12500 S 3500 $ 87500 $ 4000 $ 1,00000 S 59.00 S 1,475.00 $ 100.00 S 2,500 00 35 4' Chain Link Funce LF $ 3,90000 $ 3500 Si 4,55000 S 3000 $ 3,90000 S 3000 $ 3,90000 5 3275 S 4,25750 S 3500. 5 4,550.00 36 4' Chain Link Gale LF S 1.00000 $ 7500 $ 1,87500 $ 150.00 S 3.75000 S 3000 $ 75000 5 7600 $ 1,90000 $ 8500 S 2,125.00 37 6' Wood Privacy Fence LF $ 1,120.00 $ 720.00 $ 2.50000 $ 4000 $ 1,280.00 $ 30.00 $ 96000 $ 1600 $ 512.00 $ $ $ 5900 S 12800 S 2625 $ 1,888.00 $ 2,048:00 5 1,312.50 $ 30.00 S 50.00 $ 30.00 S 96000 B0000 1,50000 38 6' Gates for Wood Privacy Fence LF 16 $ 12500 5 5 4500 $ 10000 $ 1,60000 5 200,00 S 3,200.00 $ 1600 S 256.00 39 Remove and Reinstall Decorative Metal LF _2,000.00 50 $ 4000 $ 2,00000 50.00 $ 4000 S 2,00000 $ _50,00 5 2.500.00 S 1500 $ 75000 5 37500 40 Temporary Fencing LF 75 $ 5000 S 3,750AO _5 $ 10001. S 75000 $ 150.00 $ 800 $ 60000 $ 3.00 S 22500 $ 500 $ $ 1000 $ _ 600.00 $ 75000 $ 600.00 S 750 S _ 75000 5 562.50 75000 41 Hempve and Replace with New Mailbox EA - IAt 1 $ 17500 $ 175.00 S 150.00 $ 30000 $ 30000 $ 300.00 $ 300.00 $ 20000 $ 200.00 BASE BID 5 267;4[70,00 Sr 294,560,Dp 5 775,157..50 $ 7..47950,titl $ 717,6153Ild $ 377, I47.Op $ il6s aia,84 �.........,rua". LkRTmfEt7: _ Andra ar [P R. vut t1a35ItUCM 4¢w 1114-1 600 Dale DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: STONE STREET WATERLINE IMPROVEMENTS Contract No.: 20-25, Construction THIS AGREEMENT is dated as of the day of in the year 2020 by and between The City of Fayetteville, Arkansas and Tri Star Contractors, LLC (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 700 linear feet of 8" water main along the south side of Stone Street from Cross Ave. to Lewis Ave. Additional work to be included: tree removal, curb and sidewalk demolition, sidewalk construction, pavement repair, fence removal and replacement, water meter relocation, curb and gutter & driveway construction, erosion control installation, and topsoil and sod placement. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities. 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 150 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: STONE STREET WATERLINE IMPROVEMENTS 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT (continued} IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Effective Date of the Agreement. CONTRACTOR: BY:�ho� ot?d�2Ce:s (Type or legibly print) (Signature) Title:—? -(O- 3i A *-n-�- 20 , which is the CITY OF FAYETTEVILLE By: Lioneld Jordan (Signature) Title: Mayor 00500 Agreement 00500-10 DOCUMENT 00500 — AGREEMENT (continued) Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" z _ with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) (SEAL) Attest �) fl0 _ _ Attest 00500 Agreement 00500-11 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 91 Q h 113 W. Mountain St. (1CtS, Fayetteville, AR 72701 License No. b1,� (,,>22 0 32 b Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500-12 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0091 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 3 TED AND ROBERTA WILLIS: File Type: Resolution A RESOLUTION TO APPROVE THE PURCHASE 0.33 ACRES FROM TED A. WILLIS AND ROBERTA G. WILLIS IN EXCHANGE FOR THE CONVEYANCE OF 0.72 ACRES OF CITY -OWNED LAND AND PAYMENT IN THE AMOUNT OF $3,150.00 FOR THE REMOVAL AND RECONSTRUCTION OF THE TOWNSHIP WATER STORAGE TANK WHEREAS, the City owns approximately 1.2 acres of land on which the current water tank is located that has been appraised at $62,700.00; and WHEREAS, the 0.33 acre parcel of land owned by Ted and Roberta Willis that the City wishes to acquire for the construction of a new water storage tank is appraised at $28,750; and WHEREAS, the terms of the offer to purchase the 0.33 acre parcel includes the conveyance of a temporary construction easement which includes a clearing area of about 0.32 acres is $3,150.00 payable to Ted and Roberta Willis. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of 0.33 acres of land from Ted A. and Roberta G. Willis in exchange for the conveyance of 0.72 acres of land owned by the City of Fayetteville and payment of $3,150.00 to Ted A. and Roberta G. Willis which is required for the removal and reconstruction of the Township water storage tank. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Warranty Deed and any other documents necessary to effectuate the purchase and sale authorized by this Resolution. City of Fayetteville, Arkansas Page I Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0091 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/27/2020 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Resolution to convey 0.72 acres of land owned by the City to Ted Willis and to accept 0.33 acres in order to facilitate the removal and reconstruction of the Township water storage tank. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 8,162,775.00 Funds Obligated $ 200,061.22 Current Balance $ 7,962,713.78 Does item have a cost? Yes Item Cost $ 3,150.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 7,959,563.78 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: -- CITY OF ?` FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer CITY COUNCIL METRO► DATE: January 27, 2020 SUBJECT: Approval of a Resolution to convey 0.72 acres of land owned by the City to Ted Willis and to accept 0.33 acres in order to facilitate the removal and reconstruction of the Township water storage tank RECOMMENDATION: Staff recommends approval of a Resolution to convey 0.72 acres of land owned by the City to Ted Willis and to accept 0.33 acres in order to facilitate the removal and reconstruction of the Township water storage tank. BACKGROUND: The East Service Area Water System Improvements project is in the engineering design phase, and includes the demolition of an aged and undersized water storage tank located north of Township Street at approximately 1044 E. Township St. The tank is located on approximately 1.2 acres of City -owned land, without access to a public street. The tank is accessed through private property, with access easements in place. To physically construct a new tank, and remove the existing tank, and keep this area of town `in- service', City staff has negotiated a land swap to obtain a more advantageous property for this future water tank. The new tank will be constructed in a different location so that the old tank can remain in service during construction. Once the new tank is online, the old tank can be demolished. DISCUSSION: The City's existing parcel of land has a large wooded area that is inaccessible and unnecessary for future use by the utility and would serve well as a buffer around Mr. Willis' home at 1060 Township Street. The smaller 0.33 -acre area requested by the City is closer to the access drive, and situated strategically for construction of this new tank, while not obstructing the ability for the old tank to be accessed by cranes and large trucks to be taken offline. The City also needs additional Temporary Construction Easements from Mr. Willis on a separate 0.32 -acre area and has agreed to pay $3,150.00 for use and damages based on nearby appraisals. Due to the amount of damage and disturbances, the City has also agreed to re -pave onsite access and driveways at the end of the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funding for this project is available from the Water System Rehabilitation account. Attachments: Site Plan of Tract Split Accepted Offer Letter to Property Owner Property Line Adjustment Survey for Property Line Adjustment Adjacent Property Appraisal ---a------- I I I s j I I I i_ so I I I I I I I I I I I I j I I I I I I I I I � I I I I Existing Willis Parcel Existing City I Parcel f I ' I I I � I I I I � I I I � I I I I I i ur Existing scNo Water Tank 765-15987-001 f PARCEL NO �s PARCEL NO 765-15990-000 76 PARCEL -- - _ WEISS I WEISS Y I PARCEL NO PARCEL NO 765-15983-000 765-15989-000 McCLINTON MOELVEEN LEGEND acm�n'c �u uuiw -T 1:1 .� ErfluEo wryasamn �aµ�E e ppppEatt urv[ (R) i 1n z Z W Y � z F w w � w z W 3 a w z w O w F � a 3 a z z z O w w G w LL SHEET C2 PARCEL NO 765-15986-000 WEISS Y I Proposed I I Willis Parcel I ' I ' I I I � 1 I I 1 I I � 1 f I ' I ' I I I � I I 1 i ' I � I I ' � I I I I I I I I euunixc I swcx rt I I I I P6RCEL NO I I, WILLIS 765= 61 I I PARCEL NO 1- 765-15990-000 -- WEISS - I -- � V I I I I 1 i I I I 1 I Ng I I . I v\. r•� LJ i f Z i I W LEGEND Z j I W � 3 I I w a i --------- Proposed Z N l 3 I Cit Parcel �u=Px��tt_. a, xE a ;. xE xcr oxnx W Z = N z Z 3 � I i I I � .� ErfluEo wryacamtt �aµnE O a I I Proposed > uisnx Water TankW x e wrov[att urv[ (R) �meree W: wcx 1 I wam.m ev wcx } °uac M. rrz7t -r-----u-----x--cE SxOw nssuuEs arzpaEvtt �in9 no: rvnacz.vwc PARCEL NO + an a rn.xrrtxue uu° PARCEL NO 765-15989-000 s SHEET�� 765-15983-000 MCELVEEN I McCLIN TON I I ! I C2 %F CITY OF FAYETTEVILLE ARKANSAS October 30, 2019 Ted A. & Roberta G. Wills 1060 E Township Street Fayetteville, AR 72703 RE Township Water Tank 765-15987-001 Revised Side Letter & Agreement Dear Mr. and Mrs. Willis-, As we have discussed, there is a small parcel on the south side of your property that would be a good location for a new tank and we are prepared to arrange a possible lot split and trade agreement with you. We are in receipt of your email of August 19, 2019 and have taken all your concerns into consideration I have enclosed an updated drawing showing the proposed area of purchase for the new tank site. This drawing includes acreages of the Proposed temporary construction easements for access and take-down areas and shows you where we will be butiding a new driveway into your property As shown in the exhibit, the new access driveway alignment shifts north slightly. A "flag' of property has been shown so that you would retain ownership of the automated gate and the driveway due north of the gate The drawing also includes the acreages of the current tank site as well as the proposed, as well as the City of Fayetteville property to be delivered upon agreement The City of Fayettevitle has had the adjoining property appraised recently and based on that appraisal has determined that the value of the 0.33 acres deemed necessary for the new tank site is $28,750,00 Based on that same appraisal. the property owned by the City of Fayetteville and 0 72 acres, which we have offered to you IS Valued at $62,700.00 This puts the land swap in your favor for $33,950.00 Additionally, the value of the temporary construction easernent which includes a clearing area of about 0 32 acres is $3,150.00. which the City will pay to you This offer still stands. Our original letter had mentioned paving the remainder of the drive which is approximately 7200 squame feet, You have requested the City to pave all of the existing gravel driveway at the completion of this project. At the current rate of $20/SY, this will add approximately $27,200.00 to the contract. You have also requested $16,083.76 to upgrade your solar energy system To be upfront, these conditions have made the offer lopsided to a point where It IS unlikely it will receive approval as it moves forward and through the City Council I will reiterate that the city will bear 50`% of the financial burden for energy upgrades necessary to offset any disturbances to passive solar healing system In the house due to shadowslobstructions to sunlight This will need to be determined by a 31,1 party These are not expected to occur To summarize the above, the City offers the land swap, the payment for a temporary easement, to repave the driveway and pave the gravel driveway and to pay half of any energy upgrades necessary due to shadows or obstructions caused by the location of the new tank should they occur. As stated earlier. the city will protect the larger trees on your property within the TCE and save as many as possible. This TCE will be revegetated and 2 -inch caliper trees will be planted in the wooded areas with the exact species and planting plan to be coordinated with yourself, city utilities staff, and the City Urban Forestry staff at the City s expense. Top soil and sod will be placed in turf areas During construction, should you decide privacy fencing is necessary north of the new access driveway to the cell towers, the City will coordinate location with you and have the fencing installed as part of the project cost. This agreement as with all property agreements/sales involving city properties are subject to City Council approval. This will also require lot split approval. Mailing Address, - 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A City Land Agent will be glad to discuss this project and an concern$ you may have associated with the easements and acquisition, Please contact holly Jones at (479) 444-3414 (hIone$ favetttewfl_e-ar ovy or Brandt Samuels at (479) 444- 342 ! (bsamue "'fa �: ey,ii , .•iv)For engineering questions or concerns, please contact Corey Granderson, Utilities Engineer at gov or Tim Nyander, Utilities Director at tnyander��fayettevrue-ar oov. Si cer AT rrr,gander TO A7WT $ 0 1 It Utilities Director TN1hj ` DATE. Enclosures City of Fayetteville Water & Sewer: 479-575-8396 CITY OF FAYETTEVILLE, ARKANSAS PROPERTY LINE ADJUSTMENT FOR STAFF USE ONLY Date Application Submitted: Dace Accepted as Complete. Project Number: Public Hearing Date: FEE: $200.00 S -T -R: PP#: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be processed until this information is furnished Application: Indicate one contact person for this request: X Applicant (person making request): Name- City of Fayetteville E-mail-,— Address- -mailAddress- 113W. Mountain Street Fayetteville, AR 72701 Phone - Fax - Applicant Representative Site Address / Location: 1044 E. Township Street, F 1000 E. Towns Representative (engineer, surveyor, realtor, etc.): Name - E -mail: Address - Phone - ( 1 Fax - letteville, AR 72703 tetteville, AR 72703 FINANCIAL INTERESTS: The following entities and / or people have financial interest in this project: City of Fayetteville Ted and Roberta Willis January 2020 Page I Zoning Assessor's Parcel Numbers for the Size of Size of Resulting Tracts District Properties Parent Tract (acres) acres Tract A RSF 4 765-15988-000 765-15987-001 2.64 0.74 Tract B RSF 4 8 765-15987-0010 2.64 1.86 Tract C Tract D FINANCIAL INTERESTS: The following entities and / or people have financial interest in this project: City of Fayetteville Ted and Roberta Willis January 2020 Page I APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Date: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Owners of each parcel being adjusted must sign this application. Owners (attach additional info if necessary): Name (printed): Si nature: 445i- Date: // Zv / Z0 Name (printed): /'�Q b CQi;TIA 1 VIS Signature-, �-J I Date: 1 `U�Uu Name (printed): Mayor Lioneld Jordan Signature: Date: Address: Phone: ( ) Address: Phone: ( } Addre,,: 113 W. Mountain St. Fayetteville, AR 72701 Picone: (479 ) 575-8330 January 2020 Application Checklist .Attach the following items to this application: (1) Payment in full of applicable fees for processing the application ($200.00). (2) Correspondence in the form of a written letter to Planning Staff describing the scope, nature and intent of the proposal. (3) One (1) hard copy and one (1) digital copy in PDF of the signed application, correspondence letter and the survey of the property showing all required information for a Property Line Adjustment listed on the Plat Requirements checklist in Section 166.02 of the Fayetteville Unified Development Code. These requirements are listed on the Plat Requirements page in this application. Clearly label all original and proposed property lines. (4) If located within the City's Planning Area and this property line adjustment results in a tract(s) of less than 1.5 acres, approval from the Arkansas Department of Health is required allowing for an individual sewage disposal system prior to the property line adjustment application. (5) If located within the City's Planning Area and this property line adjustment results in a tract(s) of less than 1.0 acre, approval from the Washington County Planning Department is required prior to the City accepting this application. Note: In order for the Washington County Assessor's Office to officially recognize this property line adjustment on the deed for the property, a Correction Deed or Quitclaim Deed must be filed along with the Property Line Adjustment survey. Please submit this deed with the final, revised copy of the Property Line Adjustment survey plat for City of Fayetteville `Approval for Recording". January 2020 PLAT (REQUIREMENTS FOR A PROPERTY LINE ADJUSTMENT From Section 166.03 of Fayetteville Unified Development Code Name, address, zoning and property lines of all property owners adjacent to the exterior boundaries of the project. Name, address, telephone numbers of owner(s), developer(s) and project representatives A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any Master Street Plan :streets as well as the 100 year flood plain boundary. Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as determined by the AHTD and Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. 'Written legal descriptions including area in square feet or acres that read clockwise for the original and adjusted tracts. (Note: If the project is contained in more than one tract, the legal for each individual tract and a total tract description ;must be provided.) (Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. The survey shall The tied to state plane coordinates. (Point -of -beginning from a permanent well-defined reference point. This P.O.B. shall be clearly labeled on the drawing. (Each plat shall have 2 points described in State Planes Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) (Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the plat or plan. Sanitary sewer systems: a. Provide pipe locations, sizes, and types; and service location. lo. Manhole locations of rim and invert elevations Water systems, on or near the site: a. Provide pipe locations, types, and sizes; and service location. b. Note the static pressure and flow of the nearest hydrant if requested. c. Show location of proposed fire hydrants and meters. State the width, location, and purpose of all proposed easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. 'The location, widths, grades, and names of all existing and proposed streets (avoid using first names of people for new :streets), alleys, paths, and other rights -of- way, whether public or private, within and adjacent to the project; private easements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be clearly ;indicated and named. Names of streets should be approved by the 911 Coordinator. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases or access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) "The location and size of existing and proposed signs, if any. (Draft of covenants, conditions, and restrictions, if any. Show required building setbacks. Provide a note on the plat of the current setback requirements for the subdivision. A variance is necessary from the Board of Adjustment for proposed setbacks less than those set forth in the zoning {district. Any other data or reports as deemed necessary for project review by the Zoning and Development Administrator, City (Engineer or Planning Commission. :Signature block certifying ownership, title and dedication. January 2020 .:AR AnANe �a�f:e� I 4 P 4 ! f 1 t��eiad 7 P etmw. w wv ,• w Diu, 1 ( Q M.amt_e. aced �..I,rs' F15i-9i6"1LlR% LfY SaRR »I 1N 1sT8 p,v A4uA0EN7 PROpfRT`.' 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Ire L15 i 92'94'22' W 201 T5 f �'nr 4 Lis 5 0313'47' W 315,34 s ricer° near 6Ltaee ` cc VIA 11 i4T1tVy1 77M L 1 12 , M Tusra.. N 1 ! I � + I SCALE 1" = 190' see e9a7rER ` _ 1 SEL SFai. SECTION 35 H oruI 9 I O' 'Ai' tt70' 150' 2110' 7 -17 -Mi R -36-w 3011 oLAT Ie` 5LIR4LY 3Y j N WTT47' E ALM X79, as4003 1 gECOK AT 2011 -IN aea.sa' I cr tun THE KOM$ or23143 E%ISi1N0 EASEMENT 0 WASRINCTON GWNTY� AF4tMV5A5 4 I P EXISTING EASEMENTS A 4 H 3.10. d2' E -ROPER rr uHE YK 47.1,$ Y i♦f - - -.- - - PARCEL --------- CIRIONAL PROPMY LINE e 47TR117' E i FSgJM9 1E4AAPA WITH PLASTIC WP 5G10a' O r'TAJWp .. zR`dAA IN lfi do 3E3AR PIN WI74 Y51aW PLASTC CAP AOJACENT PROPERTY ae TP WES NOT LIE WITHIN A XMRW440 L URVLV� K)K 1f1:.0%I''L'J113' L1lL '1L7jL4111QL[V I OL f 0A 4A�P Oi�"RO,ZQNENA ffTEN AROMA F5A5 1'A I;L. I N ti ;11j�ljat}':/-tNYI &- lCia-1'19 2{•I.ILM.Y AND TsyaER�ARAt DY�As7MPNa 05143CO21DF 1. )R 1111 NI 11 1J.411N'_,II1V W \1LR 1ANKSILL 11 I 1 1 I VIL1-1_..t1,:.KA:Vtir1ti C0.4yERGENCE ANra_E, BASIS. 7 9FARn'G. I'; 1.11' 11111 �' 11L 5LL JiL{ {.)1 til:C I ION 5 -114'51.W AT THE 30lfTHWF-aT ARKANSAS 57ATE 71w,.. PLANT 4' - C67NfA OF TRACTS COORQNATES 40R -H 2614E 1 L yid ti II '-las NOh 111, 12yk1�C,L �a•i''vL.y I 4 A 63 1'V:W 11N61ON COLIMY, ARKANS&S CERWICATION: Tris Is t7 certify :hat thl5 Plot rePr-45"llf a survey dandu0ted by n e of the plapol'ty Al to the best o, my abillty, I eamft" d the PorrecMd63 of prior Morwhrient5 lend Supervised the survey, ,his survey and p1m confa,Tn to the Arkensins Standards of Practice for Boundary Surveys Wnd Plots GARY LEE DENSER, PS 1266 ,JANUARY tor, 2(120, 01-5SON. 302 F K41LLSAP RD.. FAYETTEVILLE, AR 72703 TELEPHONE 479-043-3404 PARCcL Nt7. 755--.55&.8-gt30 - �IYY OF %AYETTEWLLE - OEEO EOOK 6173 PAGE "337 A ae't sf th. j2 Beet tlaat'te1 of 111! ey;; sr QuWts a! Secthn 35 TprPlfhip 47 ft", Rage 310 West "William de raba.m Ilingi d g at a Rohl ehich It 354 het. as.! and 300 1.0 north of Mt Sf.1ft-1 Cane, a' KN 49 wt 1,100t, ana Nnnfn9, thdnat East log'; In. hsth 5231 thncs .est TW; M.C. -in Sit to the Geier of brrdn4;..oatahlw4 1.22' aareamw. ar ler P,♦7�q=� NO 765-'5987--06P - TED do R47RE'P7A Ort LJ.� - [1EEp 2(t1m 70c�32.$j}1� A Part of NO 3wtNyost 0-1, at the 6oufhtlo.4 Ou.rtV aM 54,,6-3,$ aenselp 17 NEEM, Ftwo 30 west, walhl glom +aunty. Arlitmisk e" mss partl-ary described is, foila'"'k 1a-.11, 9e4NNINg at a poS,t N,a Ts SMM'32"E 4711 NO396'53"E 30OW +ram to. S.",i.n ednm of .ala forty pore trppt, s¢la Saint beb9 . set baa pini dad nnnln4 thorn nJW53'E 320.39 io c fauna horn N. them S67'1025 'E 11036' to a I— sdt pin, there. sawo8621' '1s -w 51to o round 0901" mme, Na6'rG3Vw Ilg.SO to the polnT of afglhnlnq,. pmtalnln9 42 a... mars r reg SupJnf. !a eo..nfn4a ntl d4hts. of may o± (a0ard, if any, 5,)_�NOARY OESCRIPTIOIN: TRACT A .STY OE EA.cY`IiE Al A pant of In. Sonlhaakl Ouprter{SEJ) .t 1" Saothsast Oumto (W) oT Sectio 35, --hRip �7 North. Range 30 West. n wamintaw C-nlyi A,koavpa o-ap Noor. paM-.ny aee5 wd as Iul t:ammmce at the Sauthwssl Ceruse of Nod fbfty Plane VaH. Nn NVe sau41 67'07'02` East IN d1140ntR of 55,104 lett, tnw m Hash W.147, fast alk -Neel of 307.69 t.at to o o -of ,-, f>LN mmv,' % the Sa khsrt PIN— at Parasl No, 765-15987-001 tar the 'TRUE PONT OF BEQNNIMO of tills _v 0-i _IVOWN thetas N e6'a4o3" Wast along M. South '1.0 of Parow Na. 765 -T5617 -110T a dletease of 46.12 het to o tet r4ber pin ifh VaIM plastic caa, IN--,I-Y q said SaJth Inns North 05'1529' East a diledon,na of Mal 7e Int to a del retia+ si l Nth YSCat plmtfa sal three N 1l, 70'01'54 taint n d'4to-s pf 71 Uff test la r -1 Pw filth YeNe Watt. pf thn.n Harof 1773'15` East P Plitt- of 16,75 Not W . ee" rstiw am imth YetM iia cap- In N." 051T,21, East dist-n. of 5.94 N., la o eel retic pin eM Y.11ae plaedla -apt theca Sa.Jth 60142'1 East a tllatmce of 25,511 feet 1.. fn ffi., pin MIR lite. planar and an tee East line of fain Pi No 765-15957-001: $ne+ca Nervi 93+131471 E -N, Sang sow Edit No, a tlwnfi s pf 51.06 det No . set +sP. pin eltn Ytllde ploepd all roma.. I.— to 44 49 lee Y I A4 said East Sar. 6741 45 Enol a distaAoe bf t 4p 0 .q nem PF mnM sae,+ IXarirc sap n to cart Non. a1 Pace' Na 7115-$SM-DW1"rn.. South 92+64`22 West. smq sold E st Ilno, a distoom at 291,16 feel Is a idled nil Sul; 1fl.rs:s. Isar4n4 sold East. Ile., North 9737'54,- Wind. .1-9 the Spt, IN. .f .old P u1 No 755 15956-t]o9 oris alu vJ 10965 test to the panik of eeglihont5 mttaMing 32JGb nR root an 0.74 Sane, mi ar' I- Subllfat la any eKatln9 amts w igh,e al w.ay -.lh.r .r nit d ar Not, S:IRVEY RfyLtrvp� 1R PTI['1H. TRACT 3 - TED Rc RORERTA 'wILL15 A earl of In. a`aulh.ost rludtsn(sr y 01 M. S ,vnasl LN6a 1 Mb of Seetlae 35, raerlehlp t7 Na,bT Pang. 39 Ni n Naehingt. wanly, Amain , N ,H4 mar. port ­Hy eesnnaed orb rules aonnnece at Lke sioaLt"I Came, -orf said forty arra traa4 In thfnaa 5aath 87'07'97" Ea4t . 91 t ore V 473.35 feel: t1el4e North 03'1573' East a dHiw- of 300.54 1.01 la 1-9 +a,o, PI. Mllh plafta rap m 1,ln9 Ih. SoN1A.aat Gamer of Percy No. 785-15917-901 Tar Il,. 'TR11E PENT OF aEORNAW ar his swiay haundmy dascryd Inmee Norm 0315'23' aft Wang the Wset line of sola Parrail, a dgfald. at 52038 fell to a rpena near pin will, pla.tle one -g %s fi.r0twost Sora+ of evlc aro thmh4 Nown4 ..Id Waal Ins. 54uti 67bt)5' East -11 the Na,lh raw of _to panad, ..ort at tif,31 fset 19 c hued now pl NI SlasLe cep +mating M. Na theaet mer at sold P as1 " Me H rt eset alems, at Potosi' No. 765-75906-904 Wens Swt 579503' East. along Ina N.rth I1,e w10 Pnray 763-150&6-CO0a E,Ylea f 9771 Mee. w fwna r.bar PM .tth td itis cop mwKJn9 the A".= dams of sol P,prrlS No 75..9 596&-090, tan of Mal sold Nerlh lane S.alh 02`54'22' Well Wang Me East Inns of sold P ot os- 0 dlstaeat 319,40 foot to a found Mar pin with Yellae plastic ace said z in Inst oNG14 No[d Easl IN.. North 67176'46• West a d st4nas .t 99 40 test It d Idled nrl 07. eKb YEN plest,c - nap In. 11.1 tarns 9-1 761 15958-900P . 765 15487-001 SMmae Sauti, a3'13s7` WW. along Nota IM ms botwee9 Pp e, a ofietance of 51,98 I hanear t to a nd am wqh twit. Pani wh oMnp saC int, knower Pp eta, Neon 65'74'22 Wks]. a dlatun" of 25.511 fool to a -=.a items, AN with Yollaw p�mtl alp; Iheet. South O6`,1121, West a. di t Nos .r 6.94 fest to a f one loon, or. 11n Tel ore plaetit cap: lhenca 8wth 19"3315 yfelr R distance of 15.75 int to a found FftUf of elth y6i plmlk nON. IF[enp. Soath M1`3r sant . Volanne of 71,Uft test to a 0aur4 road aim f,lh T&NwR dizap; khwm Swt,t GTIVZ0` West a ellatarm .t 191.7a fast to a NN'd near ale '111,h YaspleflIc nail an H t Sauth Its. a told Portal No 765-154679011 Inman North 66`04067 Wit. monq tale S -1h Ing v olirl 0I 23A6 Feel to Ire paint of aa4errFq. tunelq 61,017 sa..,. lase an i 65 xr m. on Ier. Subwot to my atiltaq sots q ar rsplt. of toy en.t .r of ,aeon o, not. PARCEL NO 755 1,4,gfj$. 401} QTY OF FAYUjJEVaLX C€R iIFiCA C OWN-.RSHP: THE'llN9EA3H0NEO UlltV't' THAT THEY NAVE ONE NUNaREO RET1r#NT {t9pltl GWNNE;lt tJ aF THE REAL RTATE 919HN ANO alE3t, "I" HEREIN, OWNER: THE CITY OF f�YETTE6ALL_ ARKANSAS, BATE_ BY., SN 4y10F f Af��%y AesA.'ffie.s � ��_ Olsson Inc. ; � - =La NO 9010 +a- cy�it�•20 .i g� err P'Yfp 4Ikr, Tti�ti `L` y�t,Sl 1pgWitftlIlhlll 111 PARCEL bIC 76R-19987- 01 "❑ & RQUER'`A ALIS CERilF7CATE � ONNERSHIPI TF:E uHOfR9Ghi7 C£R71fY niAT THEY HAVE ONE HUk0RE0 Pill. TOOXi aMNERSHa OF THE REAL ESTATE SHOWN AND 6MC419E0 HEREIN. 7 y " L. 14 VICINITY MAP - N_T_5. PROPERTY OWNER'S PARCEL 753-15957-001 TED &R'OBERTA W1LL15 1050 E_ TOWNSHIP ST. tAYETTEIALLE, AR 7270:3 PARCF1_ 795-15988-000 CITY OF FAYETTEMLLE 113 W. MOUNTAIN 57 FAYETTEWLLE, AR 72701 STAT- SURVE'' CODE. 500 -17N -30W-0-35-220-72-1285 No! APPRAISAL REPORT ON THE JOHN B. WEISS AND MARY K. WEISS PROPERTY LOCATED ALONG THE NORTH SIDE OF TOWNSHIP STREET AND THE EAST SIDE OF SHERWOOD LANE, FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY THE CITY OF FAYETTEVILLE C/O HOLLY JONES LAND AGENT, ENGINEERING DIVISION 125 W. MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 BY REED & ASSOCIATES, INC. 3739 N. STEELE BLVD., SUITE 322 FAYETTEVILLE, ARKANSAS 72703 FILE NO. 6160-1 AS OF August 27, 2018 Real Estate Appraisers — Consultants 3739 N. Steele Blvd., Suite 322. Fayetteville. AR 72703 * 479-521-6313 * Fax: 479-521-6315 * www.reedappraisal.biz Katie Hampton • Jordan Karnes, MAI • Shannon Mueller • Tom Reed, MAI August 29, 2018 Holly Jones City of Fayetteville Land Agent, Engineering Division 125 W. Mountain Street Fayetteville, AR 72701 RE: The John B. Weiss and Mary K. Weiss Property; 5.31± Acres Located Along The North Side of Township Street And The East Side of Sherwood Lane, Fayetteville, Arkansas; Washington County Dear Ms. Jones: In compliance with your request and for the purpose of estimating the market value of the above captioned property, we hereby certify that we have examined the subject property and made a survey of the matters pertinent to the estimation of its value. We further certify that we have no interest, present or contemplated, in the property appraised, and that our fee was not contingent upon the value estimate reported. The following real property appraisal report contains data gathered in our investigation, information from our files, and shows the method of appraisal in detail. This report is presented under the Appraisal Report Option. This report addresses: the market value of the Whole Property Land Only prior to the City of Fayetteville acquiring 10,890± SF in fee acquisition (proposed tank site), 15,681± SF in permanent access easement, and 47,088± SF in temporary access and construction easement (laydown area and access to tank site) for the Township Tank Site Project, as of August 27, 2018; and, the market value of the Remainder Property Land Only after the City of Fayetteville has acquired the 10,890± SF fee acquisition, 15,681± SF permanent access easement, and 47,088± SF temporary access and construction easement for the Township Water Tank Site Project, as of August 27, 2018. 2 Based on an analysis of relevant data, and contingent on the Assumptions and Limiting Conditions which follow and appear in the Addenda Section of this report, it is our opinion the market value of the fee simple estate of the subject property, as of August 27, 2018, is as follows: WHOLE PROPERTY (LAND ONLY) _ $463,100 REMAINDER PROPERTY (LAND ONLY) _ $418,800 SUBTOTAL = $ 44,300 PLUS: TCE _ $ 7,200 DAMAGE TO MARKET VALUE _ $ 51,500 The preceding values reflect terms equivalent to cash to the owners and represent that for real property only. The following Extraordinary Assumptions are utilized in this report: 1. Subject land size is approximately as indicated in this report. 2. The land area and asphalt paving located within the permanent access easement and temporary access and construction easement will be put back to as near original condition as possible, by the City of Fayetteville; 3. Subject will continue to have adequate ingress/egress to/from Township Street. If any, or all, of these Extraordinary Assumptions prove to be untrue, one or both of the preceding value estimates could be influenced. The reader is referred to additional Assumptions and Limiting Conditions presented in the Addenda Section of this report. A Hypothetical Condition of this appraisal is that the Graham Waterline Improvement Project is complete and in place as of the effective date of this report in estimating the market value of the Remainder Property Land Only. In reality, the Graham Waterline Project was not complete and in place as of August 27, 2018. If this Hypothetical Condition is not considered, the estimated market value of the Remainder Property Land Only could be influenced. The appraisers are invoking the Jurisdictional Exception Rule in this appraisal. The Uniform Standards of Professional Appraisal Practice (USPAP) requires, under Standards Rule 1-2 (c) (iv), "When reasonable exposure time is a component of the definition for the value opinion being developed, the appraiser must also develop an opinion of reasonable exposure time linked to that value opinion." However, the Uniform Appraisal Standards For Federal Land Acquisitions, under Section 1.2.4, states "Appraisers should not link opinions of value under these Standards to a specific opinion of exposure time, unlike appraisal assignments for other purposes under USPAP Standards Rule 1-2 (c)." USPAP states the following under Standards Rule 1-4 (f): "When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions." This appraisal is prepared in conformity to the provisions of the "Uniform Act" and its implementing regulation 49 CFR Part 24. The 49 CFR Part 24 regulation requires appraisers to disregard any decrease or increase in the market value of the property that has been caused directly by the project in the "Before Acquisition Value" appraisal. This is considered a Jurisdictional Exception. In addition, General Benefits as a result of the project have not been considered in the valuation of the Remainder Property based on 49 CFR Part 24. Considering USPAP Standards Rule 1-4 (f), this is also considered a Jurisdictional Exception. Sincerely, Katie Reed Hampton, SR 3642 REED & ASSOCIATES, INC. 4 Shannon Reed Mueller, CG2302 REED & ASSOCIATES, INC. pF CA710,gylrrrrr r rr osD GG r 'r�rryr,SN NNQ14L TABLE OF CONTENTS Title Page - - - - - - Letter Of Transmittal - - - - - Table Of Contents - - - - - Certificate - - - - - - Summary Of Salient Facts And Conclusions - Scope Of Work - - - - - General Data - - - - - - Summary Of The Appraisal Problem - - - Neighborhood - - - - - - Legal Description - - - - - Narrative Description - - - - - Zoning Regulations And Restrictions- - - Assessment And Tax Data - - - - Highest And Best Use- - - - - Appraisal Process - - - - - Sales Comparison Approach — Whole Property Land Only & Remainder Property Land Only - - Reconciliation Of Approaches - - - ADDENDA Definitions Area Map Area Data Aerial Photograph Subject Photographs Flood Zone Location Map Assessment Records Deed Records Legal Descriptions - Acquisition Exhibit Comparable Land Sales Map Comparable Land Sales Assumptions and Limiting Conditions Qualifications of the Appraisers 5 - - - - 1 2-4 - - 5 6-8 - - - 9-10 - - - - 11 - - 12 - - 13 - - - 13 - - - - 14-15 - - - - 15-17 - - - - 17 - - - - 17 - - - - 18-20 - - 21-22 - - - 23-25 - - - - 26 CERTIFICATE • The statements of fact contained in the report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions, limiting conditions, and legal instructions, and are the personal, unbiased professional analysis, opinions, and conclusions of the appraisers. • The appraisers have no present or prospective interest in the property appraised and no personal interest or bias with respect to the parties involved. • The compensation received by the appraisers for the appraisal is not contingent on the analyses, opinions, or conclusions reached or reported. • The appraisal was made and the appraisal report prepared in conformity with the Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs; Final Rule. • The appraisal was made and the appraisal report prepared in conformity with the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice, except to the extent that the Uniform Appraisal Standards for Federal Land Acquisitions required invocation of USPAP's Jurisdictional Exception Rule, as described in Section 1.2.7.2 of the Uniform Appraisal Standards For Federal Land Acquisitions. • I, Shannon Mueller, have made a personal inspection of the property that is the subject of this report. • 1, Katie Hampton, have made a personal inspection of the property that is the subject of this report. • The property owner was given the opportunity to accompany the appraisers on the property inspection. • No one provided significant professional assistance to the appraisers. • We, certify that, to the best of our knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • As of the date of this report, I, Katie Hampton, have completed the Standards and Ethics Education Requirement for Practicing Affiliates of the Appraisal Institute. • As of the date of this report, I, Shannon Mueller, have completed the Standards and Ethics Education Requirement for Candidates of the Appraisal Institute. • We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. • Based upon analysis of relevant data and contingent upon the Assumptions and Limiting Conditions which follow and appear later in this report, it is our opinion the market value of the fee simple interest in the subject property, as of August 27, 2018, was as follows: WHOLE PROPERTY (LAND ONLY) _ $463,100 REMAINDER PROPERTY (LAND ONLY) _ $418,800 SUBTOTAL = $ 44,300 PLUS: TCE _ $ 7,200 DAMAGE TO MARKET VALUE _ $ 51,500 The preceding values reflect terms equivalent to cash to the owners and represent that for real property. The following Extraordinary Assumptions are utilized in this report: 1. Subject land size is approximately as indicated in this report. 2. The land area and asphalt paving located within the permanent access easement and temporary access and construction easement will be put back to as near original condition as possible, by the City of Fayetteville; 3. Subject will continue to have adequate ingress/egress to/from Township Street. If any, or all, of these Extraordinary Assumptions prove to be untrue, one or both of the preceding value estimates could be influenced. The reader is referred to additional Assumptions and Limiting Conditions presented in the Addenda Section of this report. A Hypothetical Condition of this appraisal is that the Graham Waterline Improvement Project is complete and in place as of the effective date of this report in estimating the market value of the Remainder Property Land Only. In reality, the Graham Waterline Project was not complete and in place as of August 27, 2018. If this Hypothetical Condition is not considered, the estimated market value of the Remainder Property Land Only could be influenced. The appraisers are invoking the Jurisdictional Exception Rule in this appraisal. The Uniform Standards of Professional Appraisal Practice (USPAP) requires, under Standards Rule 1-2 (c) (iv), "When reasonable exposure time is a component of the definition for the value opinion being developed, the appraiser must also develop an opinion of reasonable exposure time linked to that value opinion." However, the Uniform Appraisal Standards For Federal Land Acquisitions, under Section 1.2.4, states "Appraisers should not link opinions of value under these Standards to a specific opinion of exposure time, unlike appraisal assignments for other purposes under USPAP Standards Rule 1-2 (c)." USPAP states the following under Standards Rule 1-4 (f): "When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions." This appraisal is prepared in conformity to the provisions of the "Uniform Act" and its implementing regulation 49 CFR Part 24. The 49 CFR Part 24 regulation requires appraisers to disregard any decrease or increase in the market value of the property that has been caused directly by the project in the "Before Acquisition Value" appraisal. This is considered a Jurisdictional Exception. In addition, General Benefits as a result of the project have not been considered in the valuation of the Remainder Property based on 49 CFR Part 24. Considering USPAP Standards Rule 1-4 (f), this is also considered a Jurisdictional Exception. Sincerely, � �°\» .�. Katie Reed Hampton, SR364 REED a ASSOCIATES, INC. ® 1 � $��gm��\ \ STATE = t § REGISTERED m { M OO @R � Shannon Reed Mueller, CO230 REED a ASSOCIATES, INC. f 11105 i►YA ENW10) 1f. 111 FILE NO.: 6160 PROJECT: TOWNSHIP TANK SITE COUNTY: WASHINGTON LOCATION: North side of Township Street, east side of Sherwood Lane, Fayetteville CLIENT: City of Fayetteville FEE OWNER: John B. & Mary K. Weiss ADDRESS: 968 E. Township Street, Fayetteville, AR Area Of The Whole: 5.31± ACS, or 231,513±SF Temporary Access & 47,088± SF Fee Title: Construction Easement & $ Temporary Construction Value Of Improvements Acquired: Easement: Area Of Remainder: 5.06± ACS, or 220,623±SF Permanent Access Easement 15,681± SF Area Of Acquisition: 0.25± AC, or 10,890± SF HIGHEST AND BEST USE: Whole Property Residential development, as demand dictates, and in conformity to RSF-4 zoning requirements and the Market Area. Remainder Property Residential development, as demand dictates, and in conformity to RSF-4 zoning requirements and the Market Area. ESTIMATED FAIR MARKET VALUE OF THE PROPERTY Before Land: 231,513± SF $ 463,100 Improvements: NA $ Total: $ 463,100 After Land: 220,623± SF $ 418,800 Improvements: NA $ Total: $ 418,800 FAIR MARKET VALUE OF ACQUISITION: $ 44,300 Plus: TCE $ 7,200 Total Compensation as of: August 27, 2018 $ 51,500 ACQUISITION COMPENSATION: Permanent Easement: 9,021± SF @ $1.00/SF (Rounded) $ 22,500 6,660± SF @ $2.00/SF (Rounded) Temporary Construction Easement: 47,0881 SF @ $1.90/SF (Rounded) $ 7,200 Fee Title: 10,890± SF @ $2.00/SF (Rounded) $ 21,800 Value Of Improvements Acquired: $ Cost To Cure Items: NA $ Damage To Remaining Property: NA $ Total Compensation: As Of August 27, 2018 $ 51,500 9 �r �l11J '.AI A'pp+PSTATE y � . •���E7 r }fib — = aye •r Katie Reed Hampton, SR3642±. '2 : R s : " Reed & Associates, Inc. % •� ,"?E f#A#�+�+�+�" Date Of Report: August 29, 2018 10 FIAfS r!/!`!� T C •' a 8p Shannon Reed Mueller, CG2302 Reed & Associates, Inc. J�j ee..+ a •4V '/jff(Il f(1171 V4945+4+1 SCOPE OF WORK The "Valuation Process" was applied in estimating the market value of the Whole Property Land Only and the market value of the Remainder Property Land Only. Katie Hampton inspected the subject property on August 27, 2018. Shannon Mueller inspected the subject property on August 28, 2018. Photographs of the property were taken on August 27, 2018, by Katie Hampton. The legal description of the property was obtained from Deed Records. The land size of the property was estimated based on the legal description. Applicable property tax data was obtained from Washington County Assessment Records. The history of the property was also researched through Washington County Assessment Records. The highest and best use of the Whole Property was determined based upon location, physical characteristics, zoning, etc. The highest and best use of the Remainder Property was also determined based upon location, physical characteristics, and zoning. Each of three accepted valuation methods has been addressed in this report; however, only the Sales Comparison Approach has been applied. The property basically represents vacant land with the exception of asphalt paving. The asphalt paving is not valued in this report, as it is not considered to be adversely affected by the acquisitions. As a result of not having improvements which are adversely affected by the acquisition area, and considering that land rentals are not typically the basis on which properties of the subject nature are purchased and sold in this Market Area, the Cost and Income Capitalization Approaches are not utilized in this valuation assignment. Application of the Cost and Income Capitalization Approaches was not considered necessary to produce credible appraisal results for the subject property. In the Sales Comparison Approach, comparable sales were presented and analyzed for comparison purposes to the subject property land only. The unit of comparison was price per square foot (SF) of land area. The sales were compared to the subject property land only, and adjustments made for differences. The per SF value of subject was estimated from within the adjusted range of the comparables, and was multiplied by the subject land square footage to arrive at the indicated market value of the subject property land only by the Sales Comparison Approach. The Sales Comparison Approach was applied to both the Whole Property Land Only and the Remainder Property Land Only. The estimated Damage To Market Value as a result of the acquisition was determined by subtracting the market value of the Remainder Property Land Only from the market value of the Whole Property, Land Only. 11 GENERAL DATA MARKET VALUE CONCEPT Market Value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property."' PURPOSE OF APPRAISAL The purpose of this appraisal is to estimate the Market Value of the within described property including all damages and/or benefits, if any, to the extent that benefits are allowed under State Law, to the remaining property as just compensation for the property taken, as of the effective date. INTENDED USE OF APPRAISAL The intended use of the appraisal report is to assist the client in the determination of the amount paid for the property rights acquired or conveyed. There is the potential that this appraisal report could also be utilized in litigation proceedings. INTENDED USERS OF APPRAISAL REPORT The intended users of the appraisal report are the City of Fayetteville and John and Mary Weiss. PREMISE AND LIMITING CONDITIONS This appraisal is predicated on the premise that: 1. The sketch map, construction plans, and/or tract descriptions furnished the appraisers by the client are correct. 2. The attached public records are correct and reflect the fee owner and all holders of less than fee interests in the property. 3. Information, date, estimates and opinions contained in this report were obtained from sources considered reliable; however, no liability for them can be assumed or guaranteed by these appraisers. Additional Assumptions and Limiting Conditions are presented in the Addenda Section of this report. Also, please see the Extraordinary Assumptions, Hypothetical Condition, and Jurisdictional Exceptions. Interagency Land Acquisition Conference, Uniform Appraisal Standards For Federal Land Acquisitions (Chicago: Appraisal Institute, 2016) P. 11. 12 SUMMARY OF APPRAISAL PROBLEM The appraisal problem in this valuation assignment is to: estimate the market value of the Whole Property, Land Only, prior to the acquisition of 10,890± SF in fee acquisition (new tank site), 15,681± SF in permanent access easement (50' easement and 30' easement), and 47,088± SF in temporary access and construction easement (lay down area and access) for the Township Tank Site Project, as of August 27, 2018; and, the market value of the Remainder Property Land Only after the City of Fayetteville has acquired the 10,890± SF fee acquisition, 15,681± SF permanent access easement, and 47,088± SF temporary access and construction easement for the Township Water Tank Site Project, as of August 27, 2018. This date represents the date of inspection of the subject property. An acquisition exhibit and legal descriptions of the acquisition are included in the Addenda Section of this report. In arriving at the market value of the Whole Property Land Only and the market value of the Remainder Property Land Only, the Sales Comparison Approach is applied. The Cost and Income Capitalization Approaches are not applied for reasons previously discussed. Application of the Cost and Income Capitalization Approaches is not considered necessary to produce credible appraisal results for the subject property. Comparable sales are presented in the Addenda Section of this report. NEIGHBORHOOD A neighborhood is defined as follows: "1. A group of complementary land uses; a congruous grouping of inhabitants, buildings, or business enterprises. 2. A developed residential superpad within a masterplanned community usually having a distinguished name and entrance. "2 The subject project is positioned along Township Street, in the City Limits of Fayetteville, Arkansas. The project area, in general, is primarily characterized by residential uses. Numerous single- family residential uses are located in this area. The immediate neighborhood (project area) is near 75%f built-up. The area appears to be in the growth stage of its life cycle and is considered to have good market appeal. 2 Appraisal Institute, The Dictionary of Real Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 156. 13 LEGAL DESCRIPTION The legal description of the subject property is presented in the Addenda Section of this report. Tract 1: Part of the SE 1/4 of the SE 1/4 of Section 35, Township 17 North, Range 30 West of the Sth P.M., Washington County, Arkansas, more particularly described as follows, to - wit: Beginning at a point which is 200 feet East of the SW corner of the above described forty acre tract, and running, thence East 50 feet; thence North 250 feet; thence East 104.5 feet; thence North 575 feet; thence West 218 feet; thence South 160 feet; thence West 136.5 feet; thence South 415 feet; thence East 200 feet; thence South 250 feet to the point of beginning, less and except 25 feet of equal and uniform width off the South end of said tracl lying and being in the public road. Tract 2: Part of the E 1/2 of the SE 1/4 of Section 35, Township 17 North, Range 30 West of the 5th P.M., Washington County, Arkansas, more particularly described as follows; Beginning at a point 665 feet North of the SW corner of said 80 ache tract, and running, thence East 136.5 feet; thence North 160 feet; thence West 135.5 feet; thence South 160 feet to the place of beginning, containing 1/2 acre, more or less. Tract 3: Part of the SE 1/4 of the SE 1/4 of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point 354.5 feet East and 250 feet North of the SW corner of said forty acre tract, and running, thence North 575 feet; thence East 120 feet; thence South 575 feet; thence West 120 feet, to the point of beginning. LESS AND EXCEPT: A PART OF THE EAST HALF (El/2) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00000'5011E 25.00 FEET; THENCE N00100'50"E 651.56 FEET TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S89°57'45"E 236.71 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 124.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY 1.40.68 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING N42°02'22"E 133.29 FEET, TO A SET 1/2" IRON REBAR; THENCE N00a38'45"W 43.03 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 46.44 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 31.20 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING N18054'49"W 30.62 FEET, TO A SET 1/2" IRON REBAR ON THE ,SOUTH LINE OF WESTWIND SUBDIVISION, PHASE 11, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S89°59'00"W 315.51 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO AN EXISTING IRON; THENCE S00°00'50"W 170.75 FEET TO THE POINT OF BEGINNING, CONTAINING 1.21 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.2.1 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD. 14 The legal descriptions provided by the City of Fayetteville are presented below: Proposed Tank Site: Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 354.5 feet East and 250 feet North of the SW corner of said forty acre tract and running East 120 feet; thence North 90 feet; thence West 120 feet; thence South 90 feet to the point of beginning, containing 0.25 acres, more or less. Proposed Permanent Access Easement: Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the point on the North right of way line of Township Street which is 200 feet East and 25 feet North of the SW corner of said forty acre tract; thence North 255.00 feet; thence East 154.5 feet; thence South 30 feet; thence West 104.50 feet; thence South 225 feet; thence West 50.00 feet to the point of beginning, containing 0.37 acres, more or less. Proposed TCE (Laydown area): Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point East 200 feet and North 250 feet from the SW corner of said forty acre tract; running thence West 120 feet; thence North 150 feet; thence East 120 feet; thence South 150 feet to the point of beginning, containing 0.41 acres, more or less. (note: these are the dimensions as shown on the plat; however, they do not match the square footage or acreage shown so that may need an adjustment.) Proposed TCE with Access to Tank Site: Part of the SEX of the SE% of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 200 feet East and 280 feet of the SW corner of said forty acre tract and running thence North 110 feet; thence East 275 feet; thence South 50 feet; thence West 120 feet; thence South 60 feet; thence West 154.5 feet to the point of beginning, containing 0.53 acres, more or less. NARRATIVE DESCRIPTION Whole Property Subject property is located in the central/north central part of Fayetteville, Arkansas, Washington County. Assessment Records reflect the physical address of the subject property is 942 Township Street; however, this appears to be incorrect. Subject Whole Property is irregular in shape and includes approximately 5.31± acres, or 231,513±SF. The subject property is zoned RSF-4, Residential Single -Family — Four Units Per Acre. The property has approximately 50± feet of frontage along the north right-of-way of Township Street and approximately 404.2 feet of frontage along the east right-of-way of Sherwood Lane. The subject site is not indicated to be located within flood zone area and the topography is considered adequate for development. Please see the flood zone map presented in the Addenda of the report. The subject site is primarily cleared, with the exception of tree covered area in the east portion of the site. This area is estimated to encompass approximately 20% of the site. Access is developed to the subject property, along the south boundary of the site via Township Street. The subject site can also be accessed from Township Street via an access road that extends northerly to the subject 15 site. A gate is located at this drive. A portion of the subject property is located north of the gate. A single-family residence located to the east of the subject site is accessed via this gate and drive that extends from Township Street. The site is approximately 50' in width along the south portion of the site that fronts Township Street and extends northerly approximately 250 feet. The site then widens into a square shape in the central part of the site. The northeast part of the site is irregular. The subject site represents vacant land, with the exception of asphalt paving. Utilities and services available include telephone, electricity, public water, gas, public sewer, and trash pickup, as well as police and fire protection. The site appears to be encumbered by a permanent easement located in the east portion of the site. This area is indicated to contain approximately 0.35± acre. Acquisition The City of Fayetteville is proposing to acquire approximately 10,890± square feet in fee acquisition for the proposed new tank site. This area is located in the southeast portion of the site in the tree covered "square" portion of the site. The proposed new tank site is approximately 90' x 120', and is near rectangular in shape. The City of Fayetteville is also proposing to acquire approximately 12,632± SF of the site in proposed new 50' permanent access easement and approximately 3,048± SF in proposed new 30' permanent access easement. The 50' access easement is located in the area of the subject site that contains the asphalt drive that extends from Township Street. The proposed 50' permanent access easement is approximately 50' x 255' and is rectangular in shape; however, is narrow and deep. The 30' permanent access easement is located in the south central part of the site, east of the 50' access easement and west of the proposed new tank site. This proposed area is approximately 30' x 104' and encompasses land area. Finally, the City of Fayetteville is proposing to acquire approximately 24,000± SF of the site for a proposed temporary construction easement for lay down area for holding the new tank and all its appurtenances during construction and a 23,088± SF proposed temporary access and construction easement. The 24,000± SF TCE is located in the south central/central part of the site, west of the asphalt drive and encompasses land area. This proposed area is approximately 120' x 150'. The 23,088± SF TCE is located in the south central part of the site and encompasses land area, tree covered land area, and asphalt drive area. Approximately 5100± SF of the 50' proposed permanent access easement is located outside setback area, while approximately 1560± SF of the 30' proposed permanent access easement is located outside setback area. Remainder Property Subject Remainder Property is irregular in shape and includes approximately 5.09± acres, or 221,529±SF. The Remainder Property is zoned RSF-4, Residential Single -Family — Four Units Per Acre. The property has approximately 50± feet of frontage along the north right-of-way of Township Street. The Remainder Property is encumbered by a 50' permanent access easement extending northerly from Township Street and a 30' permanent access easement extending approximately 104' from the 50' permanent access easement to the proposed new tank site. 16 The Remainder Property is mainly cleared; with the exception of tree covered area in the east part of the site. This tree covered area is estimated to encompass approximately 20%f of the site. The Remainder Property is basically unimproved, with the exception of asphalt paving. The Remainder Property includes the same utilities as the Whole Property. Research does not support a negative impact on the Remainder Site due to the presence of the water tank. Details pertaining to research are maintained in the appraisal file. ZONING REGULATIONS AND RESTRICTIONS Subject property is indicated by public records to be located inside the City Limits of Springdale, Arkansas. Zoning data reflects that the subject property is zoned RSF-4, Residential Single -Family — 4 Units Per Acre. The City of Fayetteville RSF-4 zoning documents state: "The RSF-4 Residential district is designated to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types." Permitted uses in the RSF-4 zoning district include: city-wide uses by right; single-family dwellings; and, accessory dwellings. Conditional uses include: city-wide uses by conditional use permit; public protection and utility facilities; cultural and recreational facilities; government facilities; two-family dwellings; limited business; home occupations; wireless communications facilities; and, cluster housing development. Based on a Property Line Adjustment presented in the Addenda, the setback area along the subject boundaries is 15'. No private Deed Restrictions were noted. ASSESSMENT AND TAX DATA In ormation from the Washington County Assessor's Records) NE 765-1.5986-000 & 765-15990-000 Appraised Value $166,400 (2017) Assessed Value $33,280 (2017) Taxable Value $33,280 (2017) School District Oil School District Name Fayetteville Millage Rate .05745 Taxes $1911.93 The 2017 property tax is due by October 15, 2018. 17 HIGHEST AND BEST USE Highest and Best Use is defined as: "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.113 First, the appraiser should form an opinion of the highest and best use of the land, as if vacant. If the land is improved, the appraiser also forms an opinion of the highest and best use of the property, as improved. In estimating Highest and Best Use, the appraiser goes through essentially four stages of analysis: 1. Physical Possibility - To what uses is it physically possible to put the site in question? 2. Legal Permissibility - What uses are permitted by zoning and deed restrictions on the site in question? 3. Financial Feasibility - Which possible and permissible uses will produce any net return to the owner of the site? 4. Maximum Productivity - Among the feasible uses, which use will produce the highest net return or the highest present worth? "In practice, the test of physical possibility and legal permissibility can be applied in either order, but they both must be applied before the test of financial feasibility and maximum productivity. A use may be financially feasible but this is irrelevant if it is legally prohibited or physically impossible.114 "In the analysis of highest and best use of land as through vacant, the appraiser seeks the answers to several questions: Should the land be developed or left vacant? If left vacant, when would future development be financially feasible? If developed, what kind of improvements should be built? In the analysis of the highest and best use of the property as improved, additional questions must be answered: • Should the existing improvements on the property be maintained in their current state, should they be altered in some manner to make them more functionally efficient, or should they be demolished to create a vacant site for a different use? • If renovation or redevelopment is warranted, when should the new improvements be built?" 5 31nteragency Land Acquisition Conference, Uniform Appraisal Standards for Federal Land Acquisitions — (Chicago: Appraisal Institute, 2016) P.10 4Appraisal Institute, The Appraisal ofReal Estate — Fourteenth Edition, (Chicago: Appraisal Institute, 2013), P. 335. 5Appraisal Institute, The Appraisal ofReal Estate — Fourteenth Edition, (Chicago: Appraisal Institute, 2013), P. 337. 18 In general, if the value of a property as improved is greater than the value of the land as though vacant, the highest and best use is the use of the property as improved. However, a property's existing use may represent an interim use, which begins with the land value for the new highest and best use and adds the contributory value of the current improvements until the new highest and best use can be achieved. In practice, a property owner who is redeveloping a parcel of land may remove an improvement even when the value of the property as improved exceeds the value of the vacant land. The costs of demolition and any remaining improvement value are taken into consideration in the test of financial feasibility for redevelopment of the land. Likewise, if an improved property has value but may have greater value if modified in some way, the cost of modifying the improvements and the value gained in that modification are accounted for in the determination of highest and best use. Whole Property Subject property is located in the central/north central part of Fayetteville, Arkansas, Washington County. Assessment Records reflect the physical address of the subject property is 942 Township Street; however, this appears to be incorrect. Subject Whole Property is irregular in shape and includes approximately 5.31± acres, or 231,513±SF. The property has approximately 50± feet of frontage along the north right-of-way of Township Street and approximately 404.2 feet of frontage along the east right-of-way of Sherwood Lane. The subject site is not indicated to be located within flood zone area and the topography is considered adequate for development. Please see the flood zone map presented in the Addenda of the report. The subject site is primarily cleared, with the exception of tree covered area in the east portion of the site. This area is estimated to encompass approximately 20% of the site. Access is developed to the subject property, along the south boundary of the site via Township Street. The subject site can also be accessed from Township Street via an access road that extends northerly to the subject site. A gate is located at this drive. A portion of the subject property is located north of the gate. A single-family residence located to the east of the subject site is accessed via this gate and drive that extends from Township Street. The site is approximately 50' in width along the south portion of the site that fronts Township Street and extends northerly approximately 250 feet. The site then widens into a square shape in the central part of the site. The northeast part of the site is irregular. Utilities and services available include telephone, electricity, public water, gas, public sewer, and trash pickup, as well as police and fire protection. The site appears to be encumbered by a permanent easement located in the east portion of the site. This area is indicated to contain approximately 0.35± acre. Physically possible uses of the site are numerous and include those within size and shape limitations. Z The subject property is zoned RSF-4, Residential Single -Family — Four Units Per Acre. Uses permitted within the RSF-4 zoning district include: city-wide uses by right; single-family dwellings; and, accessory dwellings. No private Deed Restrictions were found. The physically possible and legally permissible uses of the subject site are those within size and shape limitations, and that comply with RSF-4 zoning requirements. Property uses in the neighborhood are mainly single-family and multi -family in nature. The immediate neighborhood is considered to be in the growth stage of its life cycle. The physically possible and legally permissible use of the subject site, that is also considered to be financially feasible is residential development, subject to size and shape limitations and in conformity to RSF-4 zoning requirements. The subject property is basically unimproved, with the exception of asphalt paving. In our opinion, the highest and best use of the subject property is to develop the property into single-family lots, subject to size and shape limitations, as demand dictates, and in conformity to RSF-4 zoning requirements. Remainder Property Subject Remainder Property is irregular in shape and includes approximately 5.09± acres, or 220,623±SF. The Remainder Property is zoned RSF-4, Residential Single -Family — Four Units Per Acre. The property has approximately 50± feet of frontage along the north right-of-way of Township Street. The Remainder Property is encumbered by a 50' permanent access easement extending northerly from Township Street and a 30' permanent access easement extending approximately 104' from the 50' permanent access easement to the proposed new tank site. The Remainder Property is not located within flood zone area and the topography is considered adequate for development. The Remainder Property is mainly cleared, with the exception of tree covered area in the east part of the site. This tree covered area is estimated to encompass approximately 20%± of the site. The Remainder Property is basically unimproved, with the exception of asphalt paving. The Remainder Property includes the same utilities as the Whole Property. Research does not support a negative impact on the Remainder Site due to the presence of the water tank. Details pertaining to research are maintained in the appraisal file. In our opinion, the highest and best use of the Remainder Property is the same as in the Whole Property. FA APPRAISAL PROCESS When preparing a detailed appraisal for a given property, it is customary appraisal practice to assemble as much information from the market as seems prudent and to utilize this information in three different approaches to the value: the Cost Approach, Sales Comparison (Market) Approach, and the Income Capitalization Approach. If an appraisal problem is such that it can be adequately and reliably addressed without resorting to a traditional three approach appraisal, then in the interest of economy, only the reliable and relevant valuation technique(s) should be used. Often the appraisal problem can be fully addressed with the Sales Comparison Approach. In the Cost Approach, an estimate of the site value is first derived by a comparison of other similar sites which have sold to the subject site by the Sales Comparison Approach. An estimate is then made of the cost of reproducing or replacing the subject improvements at today's costs. From this is deducted the estimated loss of value as a result of Accrued Depreciation, including physical deterioration, functional obsolescence, and external obsolescence. All such estimates of loss of value through Accrued Depreciation are taken from market evidence. The indicated value from this approach is the sum of the site value plus the Depreciated Replacement or Reproduction Cost New of the improvements. The Sales Comparison Approach utilizes the sales of similar properties as the basis for an indication of value for the subject. Direct comparisons are made between the sale properties and the subject on an item -by -item basis in such areas as property rights, financing, conditions of sale, expenditures made immediately after purchase, market conditions, location, physical characteristics, economic characteristics, legal characteristics, and non -realty components of value. Adjustments are made to the sales price of the comparative property to arrive at an indication of what that property would have sold for had it been essentially similar to the subject property. These adjusted sale prices are correlated into an indication of value by this approach. In the Income Capitalization Approach, an estimate is made of the market rent which the subject property might command based on the rental of competitive space. Estimates are also made of the appropriate vacancy/credit loss and expense ratios for the subject based on information developed from similar properties in the market. Thus, an indication of the Net Operating Income which the subject property is capable of producing is developed. An applicable capitalization method and appropriate capitalization rate are developed for use in computations that lead to an indication of value by the Income Capitalization Approach. To arrive at a final value estimate, the three approaches are correlated into a single conclusion of value, based on the approach which has the highest quantity and/or quality of data available, and the one in which the market participant typically has the greatest confidence. EXPLANATION OF APPROACHES: The Sales Comparison Approach was applied in this report in estimating the market value of the Whole Property Land Only and the market value of the Remainder Property Land Only. The Cost Approach was not applied in this report as the subject property includes no improvements which are adversely affected by the acquisition area. 21 The Income Capitalization Approach was not applied in this report due to the subject property including no improvements which are adversely affected by the acquisition area, and as a result land rentals not typically being the basis on which properties of the subject nature are purchased and sold in this Market Area. Application of the Cost Approach and Income Capitalization Approach was not considered necessary to produce credible appraisal results for the subject property. ESTATE APPRAISED: Fee Simple Estate; Permanent Easement; Temporary Construction Easement. These terms are defined in the Addenda Section of this report. HISTORY: Our examination of Washington County Assessment Records revealed no recorded sales of the subject property within the five-year time period preceding the effective date of value in this report. The subject property sold to the current ownership on May 20, 2010, for an indicated $450,000. The transaction was recorded in the Washington County Assessment Records as Instrument No. 2010-15273 and 2010-15274. The subject property was not listed for sale, or under contract to sell, to our knowledge, as of the effective date of this report. CHANGES IN PROPERTY SINCE DATE OF PURCHASE: Changes in the property since the date of purchase were not available to the appraisers. PERSONAL PROPERTY: No personal property is valued in this appraisal report. REAL ESTATE: The real estate valued in this report includes the subject land. COMMENTS: On August 27, 2018, the subject property was inspected by the appraiser. The property owner was not present on the inspection. 22 SALES COMPARISON APPROACH (Whole & Remainder Property Land Only) COMPARISON WITH SUBJECT PROPERTY Sale narratives appear in the Addenda Section of this report. SALE 1 2 3 4 Date of Sale 01/15/2015 04/15/2016 03/14/2018 11/10/2017 Sales Price $312,000 $466,750 $195,000 $184,370 Size ± SF 206,039 241,322 87,120 114,563 Unit Price/SF $1.51 $1.93 $2.24 $1.61 ADJUSTMENT FACTORS Property Rights $0 $0 $0 $0 Financing $0 $0 $0 $0 Conditions of Sale $0 $0 $0 $0 Improvement (s) $0 $0 $0 $0 Market Conditions +$0.15 +$0.19 $0 $0 ADJUSTED $1.66 $2.12 $2.24 $1.61 SALES PRICE Location/Appeal $0 $0 $0 $0 Physical Characteristics Size -$0.02 $0 -$0.29 -$0.16 Shape +$0.33 $0 +$0.32 Legal Characteristics Access Easement $0 $0 $0 +$0.08 INDICATED UNIT $1.97 $2.12 $1.95 $1.85 VALUE EXPLANATION OF ADJUSTMENTS: The unit of comparison is price per square foot of land area. The necessary categories of adjustment are for market conditions, physical characteristics (size and shape), and legal characteristics (access easement). Each of the sales is considered reasonably similar to subject with respect to property rights, financing, conditions of sale, and location/appeal. Sale One is improved with improvements utilized for special-purpose use; however, the listing agent indicated that the improvements did not contribute value to the sale. Market Conditions: The date of sale of the comparable sales is presented in the table above. Comparable Sales Three and Four are each considered to have occurred during a period of time when market conditions were considered similar to the effective date of the appraisal report. Comparable Sales One and Two are considered to have occurred during a period of time 23 considered inferior to that as of the effective date of this appraisal report. Based on sales analysis each of Sales One and Two are adjusted upward 10% for inferior market conditions. No adjustment is made to Sales Three or Four. Physical Characteristics: With respect to physical characteristics, the necessary categories of adjustment are for size and shape. • Land Size: The subject is larger than each of Sales One, Three, and Four and reasonably similar in size to Sale Two. The tendency in the market is that as land area increases, price per SF decreases, and vice versa; this is for otherwise -similar properties. Sales Analysis supports that as a property's land area approximates doubling, its price/SF decreases about 10%±. Based on this premise, the following downward adjustments are indicated: 1% to Sale One; 13% to Sale Three; and, 10% to Sale Four. No adjustment is given to Sale Two. • Shape: The subject has an irregular shape in the south portion of the site and the northeast portion of the site; however, the main body of the site is square in shape. Each of Sales Two and Three is considered reasonably similar to subject with regard to shape. Each of Sales One and Four is considered to be irregular in shape and is considered inferior compared to subject. This is mainly due to the amount of area each sale has for adequate development compared to the site. Based on Paired Sales Analysis, utilizing Sale Three with Sale Four, indicates that Sale Three is approximately 20% superior to Sale Four in shape. Based on this analysis, each of Sales One and Four are adjusted upward 20% for inferior shape. No adjustment is given to Sales Two and Three. Legal Characteristics: With respect to legal characteristics, the only necessary category of adjustment is for access easement. Sale Four is considered inferior to subject with regard to access easement. Each of Sales One, Two, and Three is considered reasonably similar to subject with regard to access easement. Sale Four is encumbered by a 10' access easement running along the north boundary of the site. Based on Sales Analysis, Sale Four is adjusted upward 5% for inferior access easement. No adjustment is given to Sales One, Two, and Three. CORRELATION OF INDICATED VALUES: The range of adjusted per square foot values is $1.85 to $2.12; the mean of the sales is indicated to be $1.97/SF, while the median is indicated to be $1.96/SF. Sales One and Two are located in closer proximity to subject; however, are older transactions. Sale Two received the lowest net adjustment compared to subject. Sale Three is the most recent transaction. Each of the sales is given consideration. ESTIMATED LAND VALUE: Based on the preceding analysis, the indicated per square foot value of subject Whole Property Land Only, in our opinion, is $2.00. Therefore: WHOLE PROPERTY LAND ONLY: 231,513± SF @ $2.00 = $463,026 Say $463,100 REMAINDER PROPERTY: The Remainder Property consists of approximately 220,623± SF; however, approximately 12,632± SF of the site are encumbered by a 50' permanent access easement. Approximately 5,100± SF of the 12,632± SF easement is located outside setback requirement. Approximately 3,049± SF of the site are encumbered by a 30' permanent access 24 easement. Approximately 1,560± SF of the 3,049± SF easement is located outside setback requirement. The damages to the land due to the imposition of an easement can range from 0% to 100% of the easement area's fee value. The full impact of an easement acquisition cannot be estimated until the appraiser determines: 1) the loss of present utility; 2) the loss of future utility; 3) the accessory rights to be acquired; and, 4) the obligations of the parties. In our opinion, all of the property owner's bundle of rights of ownership will be lost with respect to the land within the permanent easement acquisition areas that are located outside setback area. Damage is considered at 100% to the fee simple value of the land within the easement located outside setback area. In our opinion, a portion of the property owner's bundle of rights of ownership will be lost with respect to the land within the permanent easement acquisition areas that are located inside setback area. Damage is considered at 50% to the fee simple value of the land within the easement located inside setback area. Therefore: Remainder Property (Land) 204,942± SF @ $2.00 9,021E SF @ $1.00 6,660± SF @ $0.00 220,623± SF @ $1.90 SUMMARY OF ACQUISITION: 10,890± SF Fee Acquisition 9,021± SF PE Inside Setback Area 6,660± SF PE Outside Setback Area Total $409,884 Say $409,800 $ 9,021 $ 0 _ $418,821 Say $418,800 -10,890± SF @ $2.00 = $21,800 (RND) - 9,021± SF @ $1.00 = $ 9,100 (RND) - 6,660± SF @ $2.00 = $13,400 (RND) _ $44,300 There is also a 24,000± SF WE and 23,088± SF TCE for the duration of construction. The estimated value of the TCE is calculated as the lease of land for a one-year period. An 8% return is considered applicable: 47,088± SF @ $1.90 @ 8% @ 1 Year = $7,157 Say $7,200 25 RECONCILIATION OF APPROACHES Estimated Value of Whole Tract Before Taking: Cost Approach Not Utilized Income Capitalization Approach Not Utilized Sales Comparison Approach $463,100 Estimated Value $463,100 EXPLANATION: The Sales Comparison Approach is relied upon in arriving at the final value conclusion for the Whole Property Land Only. In the comparison process with subject, the sales required adjustments; however, the adjustments are believed market supported. The overall reliability of the Sales Comparison Approach is considered good. Application of the Cost and Income Capitalization Approaches was not considered necessary to produce credible appraisal results for the Whole Property Land Only. Estimated Value of Remainder After Taking: Cost Approach Not Utilized Income Capitalization Approach Not Utilized Sales Comparison Approach $418,800 Estimated Value $418,800 EXPLANATION: The Sales Comparison Approach is relied upon in arriving at the final value conclusion for the Remainder Property. In the comparison process with subject, the sales required adjustments; however, the adjustments are believed market supported. The overall reliability of the Sales Comparison Approach is considered to be good. Application of the Cost and Income Capitalization Approaches was not considered necessary to produce credible appraisal results for the Remainder Property Land Only. ESTIMATED MARKET VALUE OF PART SOUGHT INCLUDING ALL DAMAGES: Whole Property = $ 463,100 Remainder Property Subtotal = $ 44,300 Plus: TCE _ $ 7,200 Damage To Market Value = $ 51,500 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. FF. ADDENDA 1. Definitions 2. Area Map 3. Area Data 4. Aerial Photograph 5. Subject Photographs 6. Flood Zone Location Map 7. Assessment Records 8. Deed Records 9. Legal Description — Acquisition 10. Township Tank Site Exhibit 11. Comparable Land Sales 12. Comparable Land Sales Map 13. Assumptions and Limiting Conditions 14. Qualifications of the Appraisers 27 DEFINITIONS RETROSPECTIVE VALUE OPINION: `A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgements, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., "retrospective market value opinion. "t FEE SIMPLE ESTATE: `Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. "2 EASEMENT: "The right to use another's land for a stated purpose. " 3 PERPETUAL EASEMENT: `An easement that lasts forever. "4 TEMPORARY CONSTRUCTION EASEMENT: "An easement granted for a specific purpose and applicable for a specific time period. A construction easement, for example, is terminated after the construction of the improvement and the unencumbered fee interest in the land reverts to the owner. "5 MARKET AREA: "The geographic area in which a property's most direct competitors are located; a subset of the market area. i6 NEIGHBORHOOD: "1. A group of complementary land uses; a congruous grouping of inhabitants, buildings, or business enterprises. 2. A developed residential super pad within a master planned community usually having a distinguished name and entrance. "7 Appraisal Institute, The Dictionary OfReal Estate Appraisal—Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 201. 2 Appraisal Institute, The DictionaryofReal Estate Appraisal— Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 90. 3 Appraisal Institute, The DictionaryofReal Estate Appraisal— Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 71. 4 Appraisal Institute, The DictionaryofReal Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 170 5 Appraisal Institute, The DictionaryofReal Estate Appraisal — Sixth Edition, (Chicago; Appraisal Institute, 2015), P. 231. 6 Appraisal Institute, The Dictionary of Real Estate Appraisal— Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 43. 7 Appraisal Institute, The Dictionary of Real Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 156 HIGHEST AND BEST USE: 1. "The reasonably probable use ofproperty that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IPS) 3,[The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions). "8 SEVERANCE DAMAGES: "In condemnation, the loss in value to the remainder in a partial taking of property. Generally, the difference between the value of the whole property before the taking and the value of the remainder after the taking is the measure of the value of the part taken and the damages to the remainder. Note that different regions of the country and different courts may use terms such as consequential damages and severance damages differently. "9 JUST COMPENSATION: "In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken. Just compensation should put the owner in as good a position pecuniarily as he or she would have been if the property had not been taken. `0 COST APPROACH: `A set of procedures through which a value indication is derived for the fee simple estate by estimating the current cost to construct a reproduction of (or replacement for) the existing structure, including an entrepreneurial incentive or profit; deducting depreciation from the total cost; and adding the estimated land value. Adjustments may then be made to the indicated value of the fee simple estate in the subject property to reflect the value of the property interest being appraised. "17 SALES COMPARISON APPROACH: "The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market -derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant when an adequate supply of comparable sales is available. "12 8 Appraisal Institute, The DictionatyofReal Estate Appraisal— Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 109. 9 Appraisal Institute, The Dictionary Of Real Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 59. 10 Appraisal Institute, The Dictionary of Real Estate Appraisal —Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 122. 11 Appraisal Institute, The DictionatyofReal Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 54. 12 Appraisal Institute, The Dictionaty of Real Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 207. INCOME CAPITALIZATION APPROACH: "Specific appraisal techniques applied to develop a value indication for a property based on its earning capability and calculated by the capitalization ofproperty income. "13 RECONCILIATION: `A phase of a valuation assignment in which two or more value indications are processed into a value opinion, which may be a range of value, a single point estimate, or a reference to a benchmark value "14 13 Appraisal Institute, The DictionaryofReal Estate Appraisal—Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 115. 14 Appraisal Institute, The Dictionary of Real Estate Appraisal — Sixth Edition, (Chicago: Appraisal Institute, 2015), P. 190. Area Ma lis Noel & Jane J �z Eagle Rock Southwest City ( Seligman Golden glue I T27 H Zeria s9 sulphur p Bella Vista � Gateway 52 �` Holiday Island Springs Pea Ridge Garfield 23 Oak Grave Hiwasse EZ 52 Jay Sycamore Maysville Gravette 5491 �z LJrbanette Tc,3 h Last Bridge 5pri gs 2 Lake Eucha Park Bentonville village Berryville fat Decatur Ida Rogers Larue Green Forest � s'3 43 2T id3 Cherokee City se Hobbs Colcord iT6 Gentry i Highfill qb4 Lowell State Park 137 r zi 44 Clifty z3 Metalton Kansas Elm Springs3 4,zaSiloam ld Springs Qripnung Springdale Tontitown Fart,m aix Q } Springs Pedro 'T i5 Z Alabam ?� Qryfork id3 Johr Hindsville Marble I ail. Chewey Watts zna Savoy !c i5 Faye Subject PCt7��f�]j 2�s Huntsville Purdy 74 Watts Farmington Kingston Community r}z I iarris 7a Wesley s 74 P. aper Westville ss Greenland Elkins Aurora �� Summers Prairie Grove T27 5a Christie 52 255 71 Jepton Lincoln Durham Asher z, Eldon Hogeye West Fork Witter 23 Venus si ss Cariehill as i5 Peavine Crosses Tyd Brentwood Hazel Valley Ma etta ry si Strickler z9s zes Combs Boston ib Rocky Stilwell St Paul Pettigrew zt !nkiller FountainWinslow i6d Evansville ti Arkiaugh idd Creek Bidville se ge11 Artist Point West Cobb Ozark National Forest Map data 0201 B Google AREA DATA The Trade Area includes Washington and Benton Counties in Arkansas, as well as Madison County, Arkansas, and McDonald County, Missouri. The four counties are located in the extreme northwestern part of Arkansas and extreme southwestern part of Missouri, respectively, and make up the Fayetteville -Springdale -Rogers, AR Metropolitan Statistical Area (MSA). This area is bordered by the Oklahoma State line on the west, Newton County (Missouri) on the north, Carroll, Newton and Barry (Missouri) Counties on the east, and Crawford, Franklin and Johnson Counties on the south. The total land area of Benton County is indicated to be 847.36± square miles, Washington County 941.97± square miles, Madison County 834.26± square miles, and McDonald County 539.48± square miles. It should be noted that over 92.5%± of the population of the MSA is located in Washington and Benton Counties. As a result, this Area Data analysis primarily pertains to Washington and Benton Counties in Arkansas. The value of real property reflects and is influenced by the interaction of basic forces that motivate human activity. These forces are divided into four major categories: Social trends; Economic circumstances; Governmental controls and regulations; and, Environmental conditions. These forces exert pressure on human activities and are also affected by these activities. The interaction of all the forces influences the value of every parcel of real estate in the market. Social Forces: Social forces are exerted primarily through population characteristics. The demographic composition of the population reveals the potential, basic demand for real estate services. Based on data released by the U.S. Census Bureau, the 2000 Census indicated populations for Benton and Washington Counties of 153,406 and 157,715, respectively; the total for the two counties was 311,121. The population of the two -county area as of 2010 was 424,404, with Benton County reflecting a total of 221,339 and Washington County a total of 203,065. The growth between 2000 and 2010 is indicated to be 36.4%±, or 3.64%± per year. The estimated 2017 populations of Benton and Washington Counties, based on State & County QuickFacts published by the U.S. Census Bureau, were 266,300± and 231,996±, respectively, or a total of 498,296±. The growth between 2010 and 2017 is estimated to be 17.4%±, or 2.49%± per year The U.S. Census Bureau data reflected the population of the MSA as of 2010 to be 463,204. The estimated 2017 population of the MSA, based on State & County QuickFacts, was 537,463±; this reflects an estimated growth of 16.03%±, or 2.29%f per year, for the MSA between 2010 and 2017. The estimated 2016 population of the MSA was reported to be 525,032; this reflects a 2.4% growth in population between 2016 and 2017. According to the U.S. Census Bureau data, the Fayetteville -Springdale -Rogers MSA represents the 14th fastest growing metropolitan area in the United States. The following is a summary of population data for Benton County, Washington County, and the Fayetteville -Springdale -Rogers MSA: Location 2000 2010 2000-2010% Increase July 2017 Estimate 2010-2017 % Increase enton County IF 153,406 221,339 44.3% 266,300 20.3% ashington County 157,715 203,065 28.8% 231,996 14.2% -S -RMSA 349,562 463,204 32.5% 537,463 16.03% The following chart reflects the population trend in the Fayetteville -Springdale -Rogers MSA since 1990: Fayetteville -Springdale -Rogers MSA Population 525,000 475,000 425,000 375,000 325,000 275,000 225,000 c` ei N W N IV N Y�.J Source: U.S. Census Within Benton County, there are a total of 18± incorporated towns and cities. Bentonville is the County Seat of Benton County. This city is located in the northern part of the county. Bentonville had a population of 19,730 in 2000, a 75.3%± increase since 1990. The 2010 population was indicated to be 35,301, a 78.9%± increase from 2000. The 2017± population estimate was indicated to be 49,298±. The growth between 2010 and 2017 (estimate) was indicated to be 39.7%±, or 5.7%± per year. Rogers is the largest city in Benton County, and is located to the south and east of Bentonville. Its 2000 population of 38,829 reflects a 57.2%± increase since 1990. The 2010 population was indicated to be 55,964, a 44.1%± increase from 2000. The 2017 population estimate was indicated to be 66,430±. The growth between 2010 and 2017 (estimate) was indicated to be 18.7%±, or 2.7%± per year. Siloam Springs, located on the Oklahoma line in the southwestern part of the county, is the third major city in Benton County. It grew from a population of 10,843 in 2000 to 15,039 in 2010, a 38.7%± increase. The 2017 population estimate was indicated to be 16,842±; this would reflect population growth of 12%± since 2010. Some of the smaller cities and towns in Benton County include Gentry, Gravette, Pea Ridge, Lowell, Centerton, Decatur, Cave Springs, Bella Vista, etc. The City of Centerton is located west of Bentonville, and is considered a "bedroom" community. The 2000, 2010, and 2017 (estimate) populations of Centerton were reported to be 2,146, 9,515, and 14,001, respectively. This would indicate population growth of 343.4%± between 2000 and 2010, and 47.1%± between 2010 and 2017 (estimate). The City of Lowell is located in the southern part of Benton County, just south of Rogers. The 2000, 2010, and 2017 (estimate) populations of Lowell were reported to be 5,013, 7,327, and 9,215, respectively. This would indicate population growth of 46.2%± between 2000 and 2010, and 25.8%± between 2010 and 2017 (estimate). There are a total of 131 incorporated cities and towns within Washington County. Fayetteville is the County Seat of Washington County. This city is located in the north -central part of the county. Fayetteville had a population of 58,047 in 2000. This represented a 37.9%± increase since 1990. The 2010 population was indicated to be 73,580, an increase of 26.8%± from 2000. The 2017 population estimate was indicated to be 85,257. The growth between 2010 and 2017 (estimate) was indicated to be 15.9%f, or 2.3%f per year. Fayetteville is also the largest city in Washington County. Springdale is the second largest city in Washington County, and is located north of Fayetteville. The northern part of Springdale actually extends into Benton County. Springdale had a population of 45,798 in 2000. This represented a 53.0%f increase since 1990. The 2010 population was indicated to be 69,797, an increase of 52.4%± from 2000. The 2017 population estimate was indicated to be 79,599. The growth between 2010 and 2017 (estimate) was indicated to be 14%f, or 2%f per year. Some of the smaller cities in Washington County include Prairie Grove, Lincoln, Farmington, West Fork, Johnson, Elm Springs, etc. A small part of Elm Springs is also located in Benton County. The following illustration displays the estimated 2016 population concentrations in the Fayetteville -Springdale -Rogers MSA: Wrandai,,, ddd (» v .assville I;an.on west O Klmberling. Branson � 3 � Shell Knoll CRY T Papadato (2816) vill Papulation �- � e) _ - •Value Dian Le 29-8,128 Berryville 8,12a -15K `II Green Forest i6K-24K AIPem 24K- 32K Harrison * 32K -49K Kansas Silos C V¢ky Bpi 49K -49K 99K -57N _ _.4a . rv_P Scraper W'Mi ... uah Marshall il Hifl Stillwell �' � qg Q 4 Alread Source: Northwest Arkansas Council The following table reflects population changes for the major cities in the Fayetteville - Springdale -Rogers MSA since 2000: City 2010 2000-2010 % Increase July 2017 Estimate 2010-2017 °/ Increas Fayetteville 73,580 26.8% 85,257 15.9% Springdale 69,797 52.4% 79,599 14.0% Rogers P2,146 55,954 44.1% 66,430 18.7% Bentonville 35,301 78.9% 49,298 39.7% Lowell 7,327 46.2% 9,215 25.8% Centerton 9,515 343.4% 14,001 47.1% Siloam Springs 15,039 38.7% 16,842 12.0% Source: U.S. Census As previously indicated, the Fayetteville -Springdale -Rogers MSA is reported to be the 14th fastest growing MSA in the country. Population growth in the Benton -Washington County area is considered to be moderately to rapidly increasing. This trend is expected to continue for the foreseeable future. The major cities in Benton County have typically experienced higher population growth rates than the major cities in Washington County. It should be noted that the rate of growth has declined from what appears to have been the peak period in the early/mid 2000-2010± time period. The rate of population growth declined during the mid/late 2000- 2010± time period; however, still continued to increase at a moderate pace. The declining population growth rate was likely the result of the recent "Great Recession". Oversupply issues in the real estate market that became highly visible in the mid part of the past decade, as well as deterioration in overall economic conditions, had an adverse impact on population growth. The country officially went into a recession in December 2007. The recession officially ended in June 2009; however, consumer sentiment did not necessarily support this. Economic conditions have improved since 2010±, and the real estate market has followed with significant improvement since 2012±. Social forces, particularly area population growth, are considered to have a positive effect on real property values in Benton and Washington Counties. Economic Forces: Economic forces are also significant to real property values. It is necessary to analyze the fundamental relationships between current and anticipated supply and demand and the economic ability of the population to satisfy its wants, needs, and demands through its purchasing power. The following chart represents Non -Farm Employment Growth (not seasonally adjusted) for the Fayetteville -Springdale -Rogers MSA since 2000: Fayetteville -Springdale -Rogers MSA Ikon -Farm Payroll Jobs (Annual Average) 250,000 2.30,000 200,000 170,000 140,000 110,000 80,000 50,000 20,000 -10,000 ■ No. Employed ■ Annual Growth Source: United States Department of Labor- Bureau of Labor Statistics As previously indicated, the country was officially in a recession between December 2007 and June 2009. This recession, referred to as the "Great Recession", lasted 18 months. The previous longest recorded recessions since the Great Depression, the 1973-75 recession and the 1981-82 recession, each lasted 16 months. The Great Depression lasted 43 months. The recessions in 1991 and 2001 each lasted 8 months. The recession obviously impacted the rate of job growth in the Fayetteville -Springdale -Rogers MSA. While the United States experienced negative year-on-year non-farm employment growth through all of 2008, the Fayetteville -Springdale -Rogers MSA remained positive through the first half of the year. However, non-farm employment numbers (year-on-year) turned negative in the MSA in mid -2008±, and remained negative throughout 2009. The unemployment rate in the Fayetteville -Springdale -Rogers MSA peaked in 2010, with an annual average of 6.5%. In May 2010, non-farm employment numbers (year-on-year) turned positive and have remained positive through the latest recorded data researched, which was April 2018 Non-farm employment numbers in August 2017 were approximately 22.0%± greater than in August 2007 and 2008. The civilian labor force in Benton County averaged 132,763 for the year 2017. Washington County averaged 122,626 for the same time period. The civilian labor force for May 2018 was reported at 134,274 for Benton County and 124,156 for Washington County. In 2017, Benton County's unemployment rate averaged 2.9%, while Washington County's rate averaged 2.4%. The May 2018 unemployment rates for Benton and Washington Counties were indicated to be 2.7% and 2.5%, respectively. The May 2018 unemployment rates for the United States, State of Arkansas, and the Fayetteville -Springdale -Rogers MSA were 3.8%, 3.8%, and 2.6%, respectively. All of the preceding rates represent non -seasonally adjusted rates. The following illustration displays the estimated 2016 labor force concentrations in the Fayetteville -Springdale -Rogers MSA: Source: Northwest Arkansas Council The Northwest Arkansas Area has been recognized by national publications, economists, and researchers for its economy, businesses, and quality of life. The following reflects several recent recognitions: • U.S. News and World Report ranked Northwest Arkansas 5th nationally on its 2018 ranking of the "Best Places to Live" list (also ranked 5th in 2017); • The Milken Institute, which published a new report in January 2018, put the Fayetteville - Springdale -Rogers Metropolitan Statistical Area's economy at No. 25 among 200 large metropolitan areas; the region was especially strong in job and wage growth, while its weaknesses were mostly related to growth in high-tech components; • U.S. News and World Report ranked Northwest Arkansas 8th nationally in its April 2018 ranking of the "20 Best Affordable Places to Live"; • Forbes ranked Northwest Arkansas at No. 2 on its list of Best Midsize Cities for Jobs in May 2018; midsize cities were classified by having 150,000 to 450,000 nonfarm jobs in their metropolitan area; • Forbes and ranked Northwest Arkansas at No. 3 among the nation's medium-sized cities for white-collar job growth in July 2016; the region ranked 16th among all U.S. metropolitan statistical areas; • In March 2016, Fast Company and Nerd Wallet ranked Northwest Arkansas 2nd nationally on its list of "Best Places for Minority -Owned Businesses"; • Lonely Planet, the world's largest publisher of travel -related books and guides, in February 2016 ranked Northwest Arkansas at No. 7 on its list of "Best in the U.S."; • Researchers at Chapman University's Center for Demographics and Policy in California determined in a report that Northwest Arkansas ranked No. I in the nation in family friendliness; the report, called "Building Cities for People" and made public in January 2016, measured metropolitan areas in categories such as commute times, housing costs, income, and migration; • Forbes ranked Northwest Arkansas at No. 24 on its list of "Best Places for Business and Careers" in 2016; criteria included labor supply, quality of life, college attainment, crime B,,OY yvdle7UZFut��'� pal J .assvllle 6:anaon We Kin,beding aranson ` � Shell %no4 City Grove. W,a-- - DI—A City Jey Lead Hill 9-3,413 Berryville 3,413-7,617 ��:-'1 V Green Foreat Alpena Q S' ],61]-12K f.`. '� • 32K-ifiK Kansas SII-= Merrlsan :u� (;-�r V'�/ 15K-2pK y{II9 Velley 5gings 26K -Z K 2SK-27K J � Marshall SYilnell i - t' -e• Q 4rtial PL GieasY Sir Rlread I — � FairiidldB Source: Northwest Arkansas Council The Northwest Arkansas Area has been recognized by national publications, economists, and researchers for its economy, businesses, and quality of life. The following reflects several recent recognitions: • U.S. News and World Report ranked Northwest Arkansas 5th nationally on its 2018 ranking of the "Best Places to Live" list (also ranked 5th in 2017); • The Milken Institute, which published a new report in January 2018, put the Fayetteville - Springdale -Rogers Metropolitan Statistical Area's economy at No. 25 among 200 large metropolitan areas; the region was especially strong in job and wage growth, while its weaknesses were mostly related to growth in high-tech components; • U.S. News and World Report ranked Northwest Arkansas 8th nationally in its April 2018 ranking of the "20 Best Affordable Places to Live"; • Forbes ranked Northwest Arkansas at No. 2 on its list of Best Midsize Cities for Jobs in May 2018; midsize cities were classified by having 150,000 to 450,000 nonfarm jobs in their metropolitan area; • Forbes and ranked Northwest Arkansas at No. 3 among the nation's medium-sized cities for white-collar job growth in July 2016; the region ranked 16th among all U.S. metropolitan statistical areas; • In March 2016, Fast Company and Nerd Wallet ranked Northwest Arkansas 2nd nationally on its list of "Best Places for Minority -Owned Businesses"; • Lonely Planet, the world's largest publisher of travel -related books and guides, in February 2016 ranked Northwest Arkansas at No. 7 on its list of "Best in the U.S."; • Researchers at Chapman University's Center for Demographics and Policy in California determined in a report that Northwest Arkansas ranked No. I in the nation in family friendliness; the report, called "Building Cities for People" and made public in January 2016, measured metropolitan areas in categories such as commute times, housing costs, income, and migration; • Forbes ranked Northwest Arkansas at No. 24 on its list of "Best Places for Business and Careers" in 2016; criteria included labor supply, quality of life, college attainment, crime statistics, local college quality, and cultural and recreational opportunities; the same report ranked Northwest Arkansas No. 11 in job growth;. • Money Magazine included Northwest Arkansas on its 2015 list of the "25 Best Places to Retire"; this was primarily based on the wealth of year-round outdoor outlets Northwest Arkansas provides; • New Geography placed Northwest Arkansas 2nd on its list of "Best Cities for Jobs" in 2017; this was for medium sized cities and the rankings were based on recent growth trends, mid-term growth and long-term growth, momentum, and current year growth. The Fayetteville -Springdale -Rogers MSA economy, according to a report delivered to the U.S. Conference of Mayors in 2014, grew 3.8% in 2013. It is projected to grow at 4.2% annually between 2013-20, making it one of the top MSA's in the nation. The region's gross metropolitan product ranked 3rd for the 2013-20 projection. Northwest Arkansas is No. 7 among 18 regions that experienced the most economic growth in 2016, according to research by the U.S. Conference of Mayors in June 2015. U.S. Census data reflect the following income figures for the Benton -Washington County area: Washington Coun 2010 2016 F cjb=e Median Household Income $39,692 $45,442 14.5% Per Capita Income $21,840 $25,249 15.6% The single-family residential sector of the Northwest Arkansas real estate market has fully rebounded from the recent "Great Recession." Population growth and non-farm employment growth are strong in Washington and Benton Counties. This has resulted in increased overall demand for residential housing. As of the Second Quarter of 2017, Benton County totaled approximately 4,708 empty, single-family and duplex lots with Final Plat filed and/or receiving final approval. The total for Washington County was approximately 3,407. Based on lot sales to end users during the previous five-year period in the two -county area, the total empty lot supply could constitute near a 4.25-5.50± year inventory. Interest rates remain low, which is a positive for the housing market, however are experiencing upward movement. Rates are expected to continue moving upward in the near future. However, rates are still projected to remain in an affordable range. This, along with continued growth in non-farm employment, should sustain the downward movement in the number of empty residential lots in the two -county area. In Benton County, Multiple Listing Service (MLS) data reflects the median home price for the First Quarter of 2018 to be $194,000, as compared to $180,000 for the First Quarter of 2017. This indicates a 7.8% decrease. In Washington County, the median home price for the First Quarter of 2018 was indicated by MLS data to be $179,900. This compares to $170,000 for the First Quarter of 2017. The increase calculates to 5.8%. New construction of single-family residential dwellings has occurred at a rapid pace in recent years. The number of residential building permits for Benton and Washington Counties is displayed in the following exhibit: Residential Building Permits 2,500 2,000 1,500 1,000 Sao �1 1 1 I 2009 2010 2011 2012 2013 2014 2015 2016 2017 ■ Benton County ■ Washington County Source: U.S. Department of Housing and Urban Development The multi -family residential sector of the real estate market in Benton and Washington Counties was the first sector to rebound from the recent "Great Recession". In the multi -family sector, Streetsmart Multi -family Market Insight Report indicated an overall vacancy rate of 1.7% in the Third Quarter of 2017. The Fayetteville multi -family market has a good history of strength, due to the University of Arkansas, and reflected a Third Quarter 2017 vacancy rate of 1.84%. The Rogers/Lowell, Bentonville/Centerton, Siloam Springs, and Springdale multi -family markets also appear to be healthy with vacancy rates of 2.16%, 1.37%,.99%, and 1.32%, respectively, in the third quarter 2017. The multi -family residential sector has maintained low vacancy rates despite adding a significant number of new units in recent years. The majority of the new units constructed in recent years are located in Fayetteville. The Bentonville and Rogers/Lowell markets have also experienced substantial construction of new units, while Springdale has experienced very little new construction since the 2009-2010± time period. The number of multi -family building permits by units for Bentonville, Fayetteville, Rogers/Lowell, and Springdale is displayed in the following exhibit: Multi -Family Permits (Units) 1,000 900 800 700 600 500 400 300 200 100 N-- 2009 2010 2011 2012 2013 2014 2015 2016 2017 ■ Bentonville ■ Fayetteville ■ Rogers/Lowell ■ Springdale Source: Streetsmart Multi -Family Market Insight Report It should be noted that the most recent Streetsmart report indicates that approximately 5,177± multi -family units in the Northwest Arkansas market were in the pipeline as of Q3 2017. This includes units very recently completed, under construction, or approved by Planning Commission with no building permits currently issued. With respect to the commercial sector of the real estate market in Benton and Washington Counties, the overall vacancy rate, according to Streetsmart Commercial Market Insight Report, for Class "A" and `B" professional office space for the Third/Fourth Quarter of 2017 was indicated to be 11.49%. The vacancy rate for Class "A" space alone was reported at 12.2%. These rates are for investment grade, non -owner occupied space. Obviously, job creation is critical to the absorption of office space. It should be noted that the overall professional office vacancy rate was thought to have peaked in mid/late 2010, with vacancy slowly decreasing since that time. The overall vacancy rate for retail space has also slowly declined since 2010, and was indicated to be 6.14% (Class "A" and `B" combined) in the Third/Fourth Quarter of 2017. This, too, is for investment grade, non -owner occupied space. It should be noted that the reported vacancy rate for Class "A" retail space in the Third/Fourth Quarter of 2017 was 4.8%. Sales and leasing activity in the commercial sector began to significantly improve in mid -2013, and are currently considered to be at healthy levels. Commercial development land must also be considered. There remains a considerable amount of potential commercial development land in the two -county area; however, absorption is occurring as prime development land has been purchased in recent years for new development. A significant amount of construction activity has recently been completed, is on-going, and is planned in the Northwest Arkansas Area. New development projects include: Class "A" professional office buildings; medical -office buildings; strip, neighborhood, and community shopping centers; convenience stores; quick -service and full-service restaurants; hotels/motels; special-purpose properties; etc. The dollar values (in 1,000's) of commercial building permits in Northwest Arkansas are presented in the following exhibit: NWA Commercial Permit Values (in 1,000's) 500,000 450,000 432,887 400,000 343,733 350,000 300,000 250,000 231,664 200,000 188,004 150,000 - 96,680 98,239 100,000 62,006 79,418 50,000 2010 2011 2012 2013 2014 2015 2016 2017 Source: The Skyline Report — 2nd Half 2017 Commercial Real Estate Market Summary With respect to hotels/motels/restaurants, the following increases/decreases in tax receipts collected between 2016 and 2017 were indicated: Bentonville -1.1%± $ 2,250,480 Fayetteville +3.6%f $ 3,421,123 Rogers +25.5%± $ 5,671,603 (Rogers increased tax from 2% to 3% in 9/2017) Springdale +5.7%f $ 461,572 (2015-2016 for Springdale; data not available for 2017) Springdale and Rogers do not collect restaurant tax receipts. The economic base of the region consists of four basic areas: First, agricultural production with the primary commodities being beef cattle, dairy cattle, and poultry. The general offices of Tyson Foods, Inc., the largest poultry processor in the world, are located in Springdale in Washington County. Benton and Washington Counties have a considerable amount of rural acreage and, therefore, it would stand to reason that agriculture would be important to the area. There is also some cropland in the area, primarily green bean and orchard production (grapes). According to the USDA, Benton and Washington counties had total agricultural sales in 2012 of $529,128,000 and $443,025,000, respectively. Second, influence from the University of Arkansas located in Fayetteville. Total enrollment for Fall 2017 at the University was 27,558, an increase of 5.1 % since Fall 2013. A second public academic institution, the Northwest Arkansas Community College (NWACC), is located in Bentonville. Fall 2017 enrollment for the school was indicated to be 7,715, a slight decrease from Fall 2016. In addition to the main campus, the NWACC also has branch campuses located in Springdale, Rogers, and Farmington. A Washington County Campus is proposed in the southwest part of Springdale. Construction of the facility is expected to begin late summer of 2018 and should be completed by spring of 2020. Third, recreational usage primarily in the northeast part of Washington County, and the southeast, east, and northeast parts of Benton County. This recreational usage is primarily provided by Beaver Lake, a Corps of Engineers Reservoir on the White River. Beaver Lake affords typical fresh water sports such as boating, fishing, skiing, swimming, etc. Each of the major cities in the two -county area also has recreational amenities. It should be noted that Arvest Baseball Park opened in the Spring of 2008 in the southwest part of Springdale. This baseball park is the home of the Northwest Arkansas Naturals (Minor League AA Affiliate of the Kansas City Royals). The location is at the southwest corner of Watkins Avenue and 56ffi Street, just west of I- 49. Fourth, the large number of manufacturing businesses and industries located within the two counties. The general offices of Walmart Inc., the world's largest retailer, are located in Bentonville. Walmart has had a tremendous impact on the area, particularly Benton County. The general offices of J.B. Hunt, Inc., a major trucking company, are located in Lowell. As previously indicated, the general offices of Tyson Foods, Inc., the world's largest poultry processor, are located in Springdale. Walmart, J.B. Hunt, and Tyson Foods are each Fortune 500 Companies. The presence of these companies drives demand for attorneys, accountants, architects, hotels, restaurants, retailers, etc. Most of the major industries are located in the larger cities in the counties. According to the 2012 Economic Census, total value of shipments by manufacturers in Arkansas was $62,712,925. According to State & County QuickFacts, total value of shipments by manufacturers in Washington County in 2012 was $3,487,047. Retail sales estimates for Benton and Washington Counties for 2012, based on State & County QuickFacts, were $2,905,967 and $2,925,758, respectively. The following table represents major employers in the MSA (as of 2017) Employer . emE Main Location Walmart Inc. (Home Office, DC's & Stores 28,000+ Retail Bentonville Tyson Foods, Inc 12,000+ Protein Processing/Marketing Springdale University of Arkansas 4,000+ Education Fayetteville Simmons Foods, Inc. 3,900+ Poultry Processing Siloam Springs J.B. Hunt Transport, Inc 3,000+ Transportation Lowell Washington Regional 2,750+ Health Fayetteville George's Inc. 2,500+ Poultry Springdale Mercy Health Systems 2,000+ Health Multiple Northwest Health Systems 1,900+ Health Bentonville/Springdale Arvest Bank 1,500+ Finance Bentonville Source: Employers; Local Chambers of Commerce, M.B.A. Today In addition, Northwest Arkansas is the home of several satellite offices of Fortune 500 companies supplying products to Walmart Inc. These Fortune 500 companies with a presence in Northwest Arkansas include: IBM, Coca-Cola, Proctor & Gamble, Pfizer, Gillette, Mattel, Hershey, Sara Lee, Kimberly Clark, Kraft -Heinz, Colgate, Clorox, Ball Corp., Disney, General Mills, Kellogg, Hormel, Newell Rubbermaid, Johnson & Johnson, Pepsico, Philip Morris, J.M. Smucker Co., Mondelez International, etc. Construction of the Crystal Bridges Museum of American Art in Bentonville has been a plus for the Northwest Arkansas economy, particularly the City of Bentonville. This museum opened in November 2011, and was a project of the Walton family. Crystal Bridges is located near the Central Business District of Bentonville, and, along with the "Downtown Bentonville' program, has been instrumental in the revitalization of the Central Business District. Near 4,000,0001 people total have visited Crystal Bridges Museum since its opening. The "Scott Family Amazeum" opened in mid -2015±, just to the east of Crystal Bridges. The "Amazeum" is a hands-on, interactive museum for children and families with a foundation in the arts and sciences. The Walton Arts Center, comprised of three campuses, brings a variety of performers and artists to the region. The first campus, opened in 1992, is located in Fayetteville on Dickson St. The accompanying locations are the Walmart AMP (Rogers) and Nadine Baum Studios (Fayetteville). In September of 2017, Walmart Inc. announced plans to construct a new corporate headquarters, combining more than 20 smaller offices. Construction is expected to take 5 to 7 years and the campus will be located in Bentonville between Central Avenue and Highway 102, east of J Street. There are many financial institutions in Benton and Washington Counties. These institutions have typically provided an adequate supply of funds for residential, commercial, industrial, and agricultural growth. It should be noted that credit conditions tightened in 2008 as financial institutions dealt with problem real estate loans, and deteriorating economic conditions. The Federal Government infused funds into the financial market in an attempt to provide liquidity and ease credit. The major financial institutions in the area are located in Bentonville, Fayetteville, Rogers, Siloam Springs, and Springdale, with smaller banks and branches situated in many of the smaller communities. Currently, interest rates on long-term (15-30 years) residential first mortgages are typically in the 4.00% - 4.75% range. Interest rates on commercial mortgages are typically in the 5.00% to 7.00% range. The amortization period may be 15 to 25 years; however, the interest rate is likely to be fixed for only a 5 to 10 year period. Interest rates have begun to increase slightly due, in part, to Federal Reserve policy; however remain in an affordable range. Federal Deposit Insurance Corporation (FDIC) data indicate there are a total of 40 financial institutions in the Fayetteville -Springdale -Rogers MSA. Deposits as of June 30, 2017 totaled $10,781,000,000± based on the FDIC data. Real estate development in the area has primarily been centered in the major cities, and in smaller communities such as Centerton, Farmington, Lowell, and Prairie Grove. However, rural development is also occurring with small acreage homesites visible throughout the two counties. The local economy has fully rebounded from the recent "Great Recession" and has been in a growth period since 2015±. A plus for the area has been continued year over year increases in non-farm employment numbers. Continued growth in non-farm employment is crucial to the health of the Northwest Arkansas real estate market. The long-term outlook is that economic forces will continue to have a positive effect on real property values in Benton and Washington Counties. Governmental Forces: Governmental, political, and legal actions at all levels have a great impact on property values. The county seats of Benton and Washington Counties, as previously discussed, are Bentonville and Fayetteville, respectively. These two cities are some 20± minutes apart via I-49. County government in each county is under the direction of the County Judge and Quorum Court. Other elected county officials include the County Clerk, Circuit Clerk, Collector, Assessor, Treasurer, Sheriff, Coroner, etc. Property taxes in Arkansas are collected at the county level and distributed to the counties, cities, and school districts. In Arkansas, all real property, except agricultural land, is to be appraised at market value. Agricultural land is valued based upon soil class productivity. The appraised value is multiplied by a 20% assessment ratio to arrive at the assessed value. The assessed value is then multiplied by the appropriate millage rate to arrive at the annual property tax. However, in 2001, a tax relief act was passed in Arkansas, which limits the annual increase in property tax from the base year. A new term was created, called Taxable Value. Taxable Value is now multiplied by the applicable millage rate to arrive at the annual real estate tax. The annual property tax is due by October 15th in the year after it is levied. Individual property taxes in Benton and Washington Counties have generally increased over the last several years due to continuing reappraisal; however, it should be noted that both Benton and Washington Counties made adjustments in real estate appraised values for property tax purposes due to the recent "Great Recession." Benton County does not have county zoning at the present time. Washington County, however, passed an ordinance introducing zoning regulations to unincorporated parts of the county. This zoning ordinance became effective in December of 2007. This zoning is enforced by the Washington County Planning Board. The major cities in the area also have zoning regulations. There are no adverse legislative restrictions on the use and development of real property in the area. However, it should be noted that some of the cities in Benton and Washington Counties have established Overlay Districts which place limitations on development of lands within the established districts. Benton and Washington Counties are considered to have adequate medical, school, lodging, and religious facilities to service the Trade Area. Construction of a new Arkansas Children's Hospital facility in Springdale was completed in February 2018. The building includes 233,613± square feet of inpatient beds, emergency care, diagnostic service, and clinical space. The building also includes a helipad. The hospital will employ over 250 employees. The following table reflects area schools' enrollments for the previous years: Area School Enrollment op Fall 2013 Fall 2014 Fall 2015 Fall 2016 a 201 Fayetteville Public Schools 9,421 9,503 9,652 9,321 9,525 Springdale Public Schools 20,547 21,120 21,260 21,527 21,958 Rogers Public Schools 14,757 15,027 15,077 15,486 15,857 Bentonville Public Schools 15,114 15,497 16,060 16,896 17,217 University of Arkansas - Fayetteville 24,537 26,237 26,754 27,194 27,558 Northwest Arkansas Community College - Rogers/Bentonville 8,020 8,098 7,744 7,761 7,715 John Brown University - Siloam Springs 2,183 2,850 2,126 2,126 2,613 Source: Schools' Administration Offices There are also private church schools in operation in the two -county area, as well as charter schools. There are a total of five charter schools in Benton and Washington Counties, with additional schools planned. Fall 2017 enrollment at the area charter schools was reported at 3,396. Utilities available in the rural areas of Benton and Washington Counties include electricity and telephone service. Natural gas and rural water are also available in many areas. Public water and sewer are available in the major cities, as well as in most of the smaller communities. Overall, governmental forces in the area provide a positive effect on real property values in Benton and Washington Counties. Lack of public water and sewer in certain areas is a drawback. However, the Two Ton Water Project and Benton -Washington County Water Authorities have addressed much of the rural water needs in the two -county area. Environmental Forces: Both natural and man-made environmental forces influence real property values. Environmental forces include climatic conditions, topography and soil, natural barriers to future development, primary transportation systems, and the nature and desirability of the immediate area surrounding a property. The two -county area has relatively warm summers and mild winters. High temperatures in summer are often accompanied by high humidity. The average daily temperature, according to the National Weather Service, is about 56.8 degrees. Each year there are about 58± days when temperatures go above 90 degrees and typically only a few days when temperatures drop to freezing or below; however, the past few years have seen cold extremes where the temperature has dropped below freezing on several days. The area has an average of 9 to 10± inches of snow annually, although there have been recent years where this has been exceeded. Rainfall averages around 471 inches annually. The following map illustrates the relationship between the cities and counties of the MSA (the four -county MSA is outlined in black): Wheaton Butterfield Creek . Reeds S ring_ 9EFie B A r..lra. , t- . rnlneks an ONE ONE Exeter Ind icn Anderson Icansaa' Ken ttY ° 37 Mlc carry -� Lanagan. Pineville Ten naso. illac_ ° sh6urn° South MCDONALD _ oxiaa om�rN..n s.s Ea p� Imp West Gtty °Noel Seligman_ missrssY pP" qY�p .............................................._.... .... .x.. �eµlsl.na Bella Vista Pea Ridge Dravette Brightwater Eureka Springs °beaver. Lake, Bentonville ° Berryville Decatur °Centert Rogers Green Forest R R O L L olcord Gentry, B E N T- N ° 11 Lowell Carroll ' Cave Springs Elm Springsa....It _. Bethel Heights -� °Siloam '- 412 Springdale Os Springs .., ..r Marble_ Delm: Wks Doshen MADISON ................: 1�._ Purdy Purdy. Farmington. �1 �aYetteville estville Prairie Greenlarj�9° Elkins Grove °Wharton WA SH I N 4ITON A R K A 5 Lincoln West Fork Venus %7`Im A I R �+ Stilwell ewBost Pettigr° °.� VNnslow I� *. 71'. ...... West Coh6 The area is part of the Ozark Highlands. In Benton County, topography ranges from broad plains and rolling hills in the western and central parts to rocky, rough, steeper hills in the east. Much of the eastern one-third of the county is covered by Beaver Reservoir. The elevation increases from west to east and ranges from 1,000± to 1,700± feet above sea level. The elevation of Washington County also varies from 1,000± to 1,700± feet. In general, the topography of Washington County is rough along the western, eastern, southern, and northwestern boundaries. Extending through the heart of the county, from the Oklahoma line to the City of Springdale, is a plateau -like area consisting of rolling, reasonably level land. The City of Fayetteville, located in the edge of the Boston Mountain Range, is quite hilly. Soil and subsoil conditions within the two counties range from fair to good for agricultural purposes. There are natural barriers to real property development in the area. These consist primarily of mountainous regions, rivers, etc. However, many of these barriers have a positive effect on agricultural usage. The primary transportation routes in the two counties are I-49 and U.S. Highway 71B (north - south), and U.S. Highway 412 (east -west). From Fayetteville north to Bella Vista, I-49 provides divided highway access. South from Fayetteville, I-49 provides divided highway access to Interstate 40 at Alma. U.S. Highway 71 south from Fayetteville was made a Scenic Byway in 1998. Divided highway access is now available from the region to Fort Smith to the south via I- 49/40/540, and to Little Rock to the southeast via I-49/40. Also, U.S. Highway 412 provides divided highway access from Tontitown westerly to Siloam Springs near the Oklahoma State Line. Divided highway access is available westerly from the region to Tulsa, Oklahoma via U.S. 412 to the Cherokee Turnpike. U.S. Highway 71B, I-49, and U.S. Highway 412 are each heavily traveled traffic arteries. U.S. Highway 71B traverses Fayetteville, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. U.S. Highway 412 traverses Springdale, Tontitown, and Siloam Springs. Construction on a divided highway phase of U.S. Highway 412 east of Springdale to near Hindsville was completed in 2001. Construction of an extension of the U.S. Highway 412 divided highway to near Huntsville was completed in 2014. U.S. Highway 62 and State Highway 16 in Washington County also provide east -west access, as do State Highways 12, 102, and 264 in Benton County. In addition, there are other state highways as well as county roads providing adequate access throughout the area. There is a significant number of secondary roadways traversing the Northwest Arkansas Area. New major highway construction in the two - county area includes the Bella Vista Bypass and the northern Springdale Bypass. With respect to the northern Springdale Bypass, the segment of the highway west of I-49 (between I-49 & U.S. 412) will be constructed prior to the segment east of I-49. Construction of the west segment of the Northern Bypass began in 2015. The section of the Northern Bypass between I-49 and AR 112 opened in mid -2017. Part of the Bella Vista Bypass has recently been completed; however, additional phases remain. The timing of completion is uncertain at the present time. The State of Missouri has not announced the proposed construction timing/schedule for their part of the Bella Vista Bypass. It should be noted that construction of additional lanes to I-49 in Benton and Washington Counties is being completed in phases. Some sections of the widening project have already been completed, while some sections are currently being completed. Certain sections are also proposed to be widened in the near future. Finally, several of the cities in the region are in the process of improving/constructing new transportation routes within their municipalities. It should be noted that a new Interchange opened in 2014 along I-49 in Springdale. The location is at I-49/Don Tyson Parkway in the southwest part of Springdale, and has improved access from I- 49, via Don Tyson Parkway, to the Tyson Foods, Inc. General Offices. Another Interchange along I-49 is proposed in Bentonville. The location is at I-49/SE 8th Street in the east part of Bentonville. This will allow good access from I-49, via 8th Street, to the Walmart Inc. General Offices. The Northwest Arkansas Regional Airport (XNA), which opened in November 1998, is located near the small community of Highfill in the northwest part of the region. Total construction cost was estimated near $109± million. Some 2,185± acres were involved. There are two runways, both 8,800± feet in length by 150± feet in width. There is also a 75' x 8,800'± taxiway. The terminal building was indicated initially near 69,000± square feet in size; however, has been expanded adding a new terminal. The new terminal reportedly cost $20-25 million, and allowed parking space for twelve additional planes. The addition reportedly added 51,000± square feet of building area. Direct flights are now available to many of the major MSA's across the country. In 2016, the airport served some 1,396,738± passengers, while in 2017 the airport served a reported 1,438,922± passengers. Construction of a four -level parking deck began in January of 2017. The new garage will provide for an additional 1,400± parking spaces, and is proposed to be completed in late 2018. A 20 -Year Master Plan for the airport includes the addition of another runway. A new transportation route to the airport is also proposed to be constructed in the near future. This new route is to run northwesterly from the west segment of the Northern Springdale Bypass. The new route will likely intersect the Northern Springdale Bypass a short distance west of State Highway 112 (north -south route). State Highway 264 currently provides access to the south entrance to the airport, while State Highway 12 provides access to the north entrance. Growth has occurred toward the airport, especially along State Highway 12 from Bentonville. The airport has exceeded initial projections on the number of people utilizing the facility. The two -county area is reasonably well located and is within relatively short driving times of major metropolitan areas. Driving time to Tulsa is less than 2± hours, to Little Rock is 2.5-3± hours, and to Kansas City is 3-4± hours. Environmental forces, for the most part, are considered favorable for real estate development in the area, and provide a positive effect on real property values in Benton and Washington Counties. CONCLUSIONS Each of the major forces affecting real property values has been addressed in this section of the report. The conclusion is that each of the forces has a positive effect on value. Between July 2016 and July 2017, the estimated population growth in Benton and Washington Counties combined was estimated at 11,956± people. This calculates to near 33± persons per day (11,956 _ 365 days). This represents net growth, including births, deaths, out -migration, and in -migration. This is lower than at the peak time in the mid part of the past decade; however, is still significant. This population growth is occurring in part due to the job market in Northwest Arkansas. The continued strong growth in non-farm employment in the two -county area not only increases in -migration numbers, but also reduces out -migration numbers. The population growth results in demand for residential housing, both single and multi -family, which, in turn, creates demand for commercial real estate development to provide services for the area residents. Availability of favorable financing terms continues to be an enhancement for both residential and commercial development. Walmart Inc., Tyson Foods, Inc., JB Hunt Transport Services, Inc., and the University of Arkansas are the major drivers of the Northwest Arkansas economy, and this is expected to continue into the foreseeable future. Walmart Inc. has impacted development through -out the two -county area, particularly in Bentonville. Walmart Inc. is a major direct employer, but also of great impact are the hundreds of satellite offices of Walmart suppliers that have a presence in the area; and, there are many companies in the area focused on servicing the Walmart supplier community with respect to logistics, packaging, displays, advertising, etc. capabilities. The poultry industry continues to lead the Agricultural Sector of the local real estate market, with Tyson Foods, Inc., Simmons Foods, Inc., and George's Inc., being the primary players. Tyson Foods, Inc., is also instrumental in the revitalization of the Springdale Central Business District by undertaking new development. The University of Arkansas remains the focal point of Fayetteville. Student growth is creating demand for new residential (multi -family in particular) development. The trucking industry, led by J.B. Hunt Transport, Inc., also represents a plus for the local economy and brings national recognition to the area. The medical community in Benton and Washington Counties also creates demand for real estate development in the area. Washington Regional, Northwest Health systems, and Mercy Health Systems are the major employers. A new Arkansas Children's Hospital opened in February of 2018 in the southwest part of Springdale. This should create demand for residential and commercial development in that area. In summary, the Benton -Washington County Area appears to have the foundation and composition for continued strong growth. This reflects positively on real estate development and real property values in the area. 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P Iilk JJ� AM r ti August 8, 2018 1:2,389 County Street Centerlines Building Footprints 2013 Unknown EX - Exempt Property 0 0.03 0.06 0.12 mi <all other values> Changed Building Structure Points HPR - Horizontal Property Regime 0 0.0475 0.095 0.19 km — State Highway Demolished AB -Agri Building Only MH - Mobile Home — Local Paved Existing BB - Billboard Only - RB- Res Building Only Washington County, AR Local Gravel New BD - Boat Dock Only __ TWR -Tower Interstate PossiblyChanged CB - Commercial Building Only T-7 County Boundary Washington County 2014 Washington County SUBJECT PHOTOGRAPHS TOWNSHIP STREET FRONTAGE - LOOKING WESTERLY TOWNSHIP STREET FRONTAGE LOOKING EASTERLY A� 4W � ♦ � � eYiA V y N 79W A� 4W National Flood Hazard Layer FIRMette 36'6'1.58"N FEMA Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I ccs I.U,000 0 250 500 1,000 1,500 2,000 Without Base Flood Elevation (BFE) Zone A, V. A99 SPECIAL FLOOD With BFE or Depth Zone AE. AD. AH. VE, AR HAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone x Future Conditions 1% Annual 446:v Chance Flood Hazard Zone x Area with Reduced Flood Risk due to )THEIR AREAS OF ' Levee. See Notes. Zone x FLOOD HAZARD Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard Zone x Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard Zone o GENERAL ---' Channel, Culvert, or Storm Sewer STRUCTURES 1 1 1 1 1 1 1 Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation o- — — Coastal Transect s,j.„„.. Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 8/8/2018 at 9:56:38 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Parcel: 765-15986-000 Washington County Report Prev. Parcel: 148969-000-00 As of: 8/7/2018 Property Owner Name: WEISS, JOHN B & MARY KATHLEEN Mailing Address: 968 E TOWNSHIP ST FAYETTEVILLE, AR 72703 Type: (RM) Res. Misc. Improv. Tax Dist: (011) FAYETTEVILLE SCH, FAY Millage Rate: 57.45 Extended Legal: PT SE SE 3.755A Market and Assessed Values ID: 53411 Property Information Physical Address: 942 E TOWNSHIP ST Subdivision: 35-17-30 FAYETTEVILLE OUTLOTS Block / Lot: N/A / N/A S -T -R: 35-17-30 Size (Acres): 0.000 Taxes Date Estimated Full Assessed Taxable Estimated $1,335 Type Market Value (20% Mkt Value) Value Taxes: WEISS, JOHN B & MARY K Land: $95,350 $19,070 $19,070 Homestead $0 Note: Tax amounts are estimates only. Contact WEISS, JOHN B & MARY K N/A N/A 5/20/2010 Credit: the county/parish tax collector for exact amounts. Building: 20800 4160 4160 Total: $116,150 $23,230 $23,230 5/20/2010 Land 15273 Warr. Deed 1485.00 $450,000 WEISS, JOHN B & MARY K Additional Improved Land Use Size Units 1/1/2008 2008 1.000 Trust Deed House Lot Additional N/A 1.000 Acres TRUST * ; Properties 1.000 2007 Acres Trust Deed MARIE MCLINTON FAMILY TRST; Inc. 0.755 Acres Total 3.755 Deed Transfers Prop. Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 11/17/2010 2010 33991 Survey WEISS, JOHN B & MARY K Relative Land Only 5/21/2010 2010 15272 Survey WEISS, JOHN B & MARY K N/A N/A 5/20/2010 2010 17565 CorrDeed WEISS, JOHN B & MARY K Additional N/A Properties 5/20/2010 2010 15273 Warr. Deed 1485.00 $450,000 WEISS, JOHN B & MARY K Additional Improved Properties 1/1/2008 2008 6974 Trust Deed MARIE MCCLINTON MARITAL Additional N/A TRUST * ; Properties 1/3/2007 2007 15449 Trust Deed MARIE MCLINTON FAMILY TRST; Inc. N/A Additional Prop. 1/2/2007 2007 5545 Trust Deed MARIE MCLINTON FAMILY TRST Additional N/A (63%); Properties 1/1/2007 2007 5544 Trust Deed THE MARIE MCCLINTON TRUST Additional N/A (63%); Properties 11/13/2006 2006 17321 ExecDeed THE MARIE MCCLINTON TRUST Additional N/A Properties 1/1/1985 672 240 N/A 0.00 $0 MCCLINTON, MARIE N/A N/A Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 1 Parcel: 765-15986-000 Prev. Parcel: 148969-000-00 As of: 8/7/2018 Reappraisal Value History Washington County Report ID: 53411 Tax Year Total Value Total Assessed 2015 $116,150.00 $23,230.00 2016 $116,150.00 $23,230.00 2017 $116,150.00 $23,230.00 Details for Residential Card 1 Occupancy Story Construction Total Liv Grade Year Built Age Condition Beds N/A N/A N/A Exterior Wall: Plumbing: N/A Foundation: N/A Fireplace: N/A Floor Struct: N/A Heat / Cool: N/A Floor Cover: N/A Basement: N/A Insulation: N/A Basement Area: Roof Cover: N/A Year Remodeled: Roof Type: N/A Style: Outbuildings and Yard Improvements Item Type Size/Dim Unit Multi. Quality Age Asphalt Driveway 22x905 Other Adjustments Code Type Quantity Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 2 Parcel: 765-15986-000 Washington County Report ID: 53411 Prev. Parcel: 148969-000-00 As of: 8/7/2018 Map RMI JOftvMv Am Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 3 Parcel: 765-15990-000 Washington County Report ID: 53418 Prev. Parcel: 148973-000-00 As of: 8/7/2018 Property Owner Property Information Name: WEISS, JOHN B & MARY Physical Address: KATHLEEN Mailing Address: 968 E TOWNSHIP ST Subdivision: 35-17-30 FAYETTEVILLE OUTLOTS FAYETTEVILLE, AR 72703 Block / Lot: N/A / N/A Type: (RV) Res. Vacant S -T -R: 35-17-30 Tax Dist: (011) FAYETTEVILLE SCH, FAY Size (Acres): Millage Rate: 57.45 Extended Legal: PT SE SE 1.58 AC. (575 X 120) FURTSHER DESCRIBED FROM 20113239 AS: Part of the SE 1/4 of the SE 1/4 of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point 354.5 feet East and 250 feet North of the SW corner of said forty acre tract, and running, thence North 575 feet; thence East 120 feet; thence South 575 feet; thence West 120 feet, to the point of beginning. Market and Assessed Values Taxes Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 1 Estimated Full Assessed Taxable Estimated $577 Market Value (20% Mkt Value) Value Taxes: Land: $50,250 $10,050 $10,050 Homestead $0 Note: Tax amounts are estimates only. Contact Credit: the county/parish tax collector for exact amounts. Building: 0 0 0 Total: $50,250 $10,050 $10,050 Land Land Use Size Units 1.000 Acres 0.580 Acres Total 1.580 Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 1 Parcel: 765-15990-000 Washington County Report ID: 53418 Prev. Parcel: 148973-000-00 As of: 8/7/2018 Deed Transfers Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 5/21/2010 2010 15272 Survey WEISS, JOHN B & MARY K N/A N/A 5/20/2010 2010 15274 Warr. Deed WEISS, JOHN B & MARY K N/A N/A 1/1/2008 2008 6975 Trust Deed MCCLINTON, MARIE MARITAL N/A N/A TRUST 1/4/2007 2007 5549 Trust Deed CLARK C MCCLINTON FAMILY N/A N/A TRST(56%); 1/4/2007 2007 15448 Trust Deed CLARK C MCCLINTON FAMILY N/A N/A TRST(56%) 1/3/2007 2007 5548 Trust Deed CLARK & MARIE MCCLINTON N/A N/A TRST(12%); 1/2/2007 2007 5547 Trust Deed CLARK & MARIE MCCLINTON N/A N/A TRST(31 %)- 1/1/2007 2007 5546 Trust Deed MCCLINTON, CLARK & MARIE N/A N/A TRUST 9/9/2005 2005 39961 Survey MCCLINTON, CLARK & MARIE Additional N/A TRUST Properties 7/8/1983 2005 12901 Warr. Deed MCCLINTON, CLARK AND MARIE N/A N/A TRUST 8/6/1979 995 87 N/A 0.00 $0 MCCLINTON, CLARK C. & MARIE N/A N/A Reappraisal Value History Tax Year Total Value 2015 $50,250.00 2016 $50,250.00 2017 $50,250.00 Total Assessed $10,050.00 $10,050.00 $10,050.00 Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 2 Parcel: 765-15990-000 Washington County Report ID: 53418 Prev. Parcel: 148973-000-00 As of: 8/7/2018 Map Not a Legal Document. Subject to terms and conditions. www.actDataScout.com Page 3 16 L t� l Il{Illi III{I{III {ll{I IIS{ III11 {I{Il lull Illi{ Illll lull Illll Illll {llll {lll l{ll Daa ]D: 4134127404(4 TyI16. AEI Ki11 nd: WA RRAT�IT`I DfitD Kind led; 0 E/07)aa]o it 0.M85 RM plait llatsn3Cc uliv+. AR3 nil 4 99-11 a 9tefics Oiuouil 1391E Ii,12C 1C—00019c � WARRANTY DE1 D (By Tr usl ees: KNOW ALL N HN BY THIV H PRESENIIS: David C. McUlir II a ni, being the duly a ppa inted, qualified and acting Truslee of The Marie McCllinilan Marital Trusl doled Febnsaq 19, 20NI, owniFig an undivided 37% interest, and David C. McClinton, being the duly appointed, qualified and acting Tnislee al 111i Clarll and Marie MoUlinlon De.-laer.danl's Edlucalianial 71rusl daled July ld, 2004, owning an undivided 58.49 ,, intanest, and David C. McCllinillor , beink the duly appointed, qualified and acting Irusl ee of The C1arfl C. Ma C i n i on Genera -lion Sklyging lilamily 71rus11 6-1 ad Juy 10, 2004, owniiq an undivided 4.5] % irltorest, heneinafler called "Grantors", pursuant to the power and authority grantec tl a ra in, a nd ibr Tan Dolle ni 1I1 10.00' and other valuable consideration paid by John B. Weiss and Mbry K. Weiss, hu<band and wide, herainaftei called "Gnantecs", the receipt of which is hereby acU owledged, do hereby GRANT, BARGAIN, S11I1L and CONVHY unto the said Gila nta es, and unta Clrantees ' ha ins and assigns lar( ver, the following - described lands simated in Wa<hirlgtoil Clai nty, Arlo nslas: SEH BXIlIIl7 "A" ATTAICHHD HEREIC1 AND INCORPORAITEII HEREIN 1 1� REIRURE14 CIE. Subject to recorded inislrimr er ts, covenants, righis of v ay, air d easerner ts. TCI HAVH AND 710 HOUD the same unto the said Gra n t(e , and unto Gilantee's he ins and assigns forever, with all to nc me nts , a ppur enances and heileditan eats d era a nto beta n8 ing. AND Gra ntons hereby covenant with a z id Gi antee, a it d Grantee's heirs and assigns, that Grantors are lawfillly seized of said ]and,,, that Gilantora ha va the right to se 11 and as nva y the same, tf at said lands are unencumbered, and that Clnantolls N ill lolevell warrant and defend the title to said lands against all lawful claims and derr ands whati oe ver. WI7INESS our hands and seals a s such Cliantons this dz y of , 2010. N1 All] TA) ST�ITHMHNIS TCI: 1V. Jahn B. &Mary. Wai,l<9AJ . n 4 CA S Com_ Aavid&C—kMccClinIorIi, Trus lae of The Marie File N umbo n: 2a ld6tl 1' �rd byFll(5el o14 Aage 1 of 3 2004 McClinton Marital Trust dall ed February 19, Trust David (I. Mc(llinid on, Trusl ee of'Mha (Ila mN avid Marie M eClin toni Duicenic tam's Hducalionial da -lad July 10, 2004 Wskf. David C. Ma Oklon, Trustea of The Clark C. MaClinlon Generation c kiF 1 ing Famiily '➢rush dal ed July 10, 2004 I, on beta 1 al tl a Grantee, cartifl urdan genaty of laic avaaaiing that at least the lei a.1131 aomat amount al document%) [tan pa have bean placed an this instrument. .:t¢�f4-'�,�.`.i RRA 1ISLS n'`:5•.' Zoayz ARKANSAS `^`=ra`'� DOCUI IEN7+ K"yp,z,� i)OCUMENTAR " CIraLE e: Jahn B. Weiss and Marl K. Wlaiss, husl and and whit �JA 1 v B, d: Rc a ty 7litla and Clos ins 5 ervia es, LLC, 7 '11 132 9 ' as Clrantie's Ag ent 6 517 By: $ ARKANSAS RKANSAS DOCUMENTARY :UMENTARY PX ]ISAS Alddnass: 1904 E. Joyae Bhid., it 101 - Fa}letteville, IIR 12713 10 645-17 31 mm AC IKNOWL]HUGHMEN7 SIIATE OF ARKAN SAS } C IGi;I1t W GF WV 11 HIN G`1lClN BE IT REMEMBEREII, that an dis d;nt Iy sae belarc de undeiaignad, a Notary Pullic, dull aomm'ssioned, qua ified and acting, viithii and im the said Gaunt! and State, and appgated in pep,tan the within named havid CI. MaClintari, to ma pgdnsonall,l k own, vtho sated that he meas 7ruslee of Thi Marie McCllinlon Marital Trusl dale[ Fabruaral ]9, 2004, a trust, and vias du auttorized in suah capacit, to e x i c ute the Ilona ga u g Wanai it} Deed I y Trusta a idon clad in the name and be ha f c f said Trust, and f irtl el stated and ackiomdodged that he had ,io ,6gr,ad, emeautad and ddiva. ed said instrument Jar tt a aansicici ation, used and purpcaea tharcin mentioned and sat forth. IN TE9TIMCINN WHIERWIF, I have hatteunto sat my hand and oJfiaial seal this � ay oil 2014. M}I Commission Expires: File N umbo n: A 1 oftqS2 r3ad kok§ e2 of 4 Notary Pilblia OFFICIAL SEMI IACEY C. YARBROU(-IH NOTAR' I PUBLIC- ARKANSAS 'OIASHINGTCIN COUNTY Pa ga 2 of 1 d Y ('10MM. EXPIII EI91 19 1112013 U10I: ZIOU"FRO 111C a urLU STATE CIF AIRK� ISMS CIOUNT1 CIFAISHII�GTCIN BE IT REN EMBHRI1U, d lat an d is day a ame ba ka is the uncdensigne d, a 1 ota ry Pdblk , du y commissioned, qua ified and actin8, muthn and b i ttlo said Count} and State, and alipiland in p neon tte withn I named Uavid C. M o Clin to n, to me pen: onally kr own, who 5u to d [hit he was Wustee a I Tho Clank and Marie Mo Clin to n Delca ndan is hldue a tional Ts m t dated July 10, 700, , a trust, and vias duly autllarbiacd in such capacit} to exocutc tyle faegaing Warranty Dced ly Trustee foe and ill the name and behal of scid Trust, and fu -thea st<tocd and aaknavvdodgad that I c had so signed, ovauted and deliiieiecd said imtrun ent foa the consideration, uses and purpo; es thareinrrartiored and ,ict ibrth. Ir TESTIMCINN Cl, , ]Old M11 Commsssiom Ettpiras: WHERECIJI, I have horauwito sat my hand and olfraial sea thlsx—K-ol oil AM � C' Notary Pt 1114 0 AICIKNIOWL111111GENONT7NOTARY; ICIAL SEAL C. YARBROUG1I S7A71H OF AIRKAN SAS ) ilE3 LiC• ARKANSAS CCIUI TSICIH WAISHINCITOI ) GTCINCOUNTY XPIRES t,I 1112013 BE IT RHMEMBDRHD, that on this day cams belopi tha undonsigiled, a Notary Pdblia, duly commissioned, qua.ifiad and actuig, within and Ion the said County and State, and apptared in person dbt within named David CI. McClinton, to rue p(rsonall)l knawn, wl a stated that ha was Tlustee of Tha Clark C. McClinton Gencry ion Sk'pping Ibmily Truss datec July 14, 1004, a trust, and via: duly autllarized in sucl aapacit)I to cxacuta dlc Jaragaing Wlarrantr heed by Trustee foa and in the rame and beha I oI ad Trust, and further ; tatcd and ackrovdedgecd that Ie had so rigged, eaicouted and dalivarad said instrtm ent Jar the consideration, uses and purpcse: tharein ruentianod and sat forth. IN 7ES71MOr Y WHERECIF, I 12 vc I a seurito set ml I hand and a If is is s c a 0liXy\ a}l o f 12010. My C lommiss is n Hxp ire; : Notary Public OIIIIICIAL SEAL u�CEY C. YARBRCIMI V! A F `I PLJBL1f -.ARKANSAS UNASHINGTON COUNTY I REPARI n B . NY COMM. EXPIRES 121112013 HARRINGTON, Iv ILLFR, KIEL LAK, AICHMANN 8d BROWN, U., A.O. Boai 687, 9lprAgdale, Ailkanl as 72161 File N umbo n: 20108fi 0fMPSed bPRf e3 o14 Aage 3 oil Osac w Ide t la.: 1[-1:14177 EXI III "A" Tracil ]: Hart of the SE 1,14 of lh@ Sb 1114 of Sedioni 35, 7owniship 17 North, Rang@ 30 West of 11h4 9f1h P.M., NNashingiot Clounit 1, Ai kansas, more part'cularly described as falllows, io- wil : Begitln in g a i a E a in i which is 200 feed Easel of iI h@ SW corner oil th a ab of a d@ scribed forty acre trach, and running, thence Easi 50 feat;-lhence Norah 251 feel; thence Easl 104.5 f4@t; thence North 175 Ileel; ihence Weil 218 feel; thence South 161 ileei; thence NNesi 136.5 fait; thence South 415 feel; thenice Hait 200 feet; 1 hence South 250 filet io the point of III aginniing, lei and excepil 25 feel of equal and uniform wide h off the 114 endl of said ttlacl lying and Beit ig int � he public road. Traci 2: Hart a 111 he H 11 l2 of the SE 114 of Sectio in 35, Townsill ill :17 Norah, Range 30 NNesl of -Ihe 5ifl P.M., Wasliingl on Counity, Arkansas, none pa rticularlj describes I as follows: Begitlning at a point 665 felt North of ib@ SW corner of saic 180 acre trail, and running, 1 h@nce Basil 1136.5 feed; ih@nc@ North 160 foot; thenice Weil 136.5 fact; ilhence South 160 fell ilo The glaac of beginning, @c niiaining IQ acne, more or leis. File N umbo n: 201000015273 Rage 4 of 4 U � 11W�V111�1�111�11�111IV11111�11111Y1I11�1�11��1N111�N11�V11 h,inslrpw 013472250004 Tf e: ARRAN7Y PEED R!i Recorded; 06/03/2010 at a3:4D:f0 FM Fee Amt; $30,00 Aaae 1 f o Washiraton Cour i AR I Bette llamas ainau.11 C]en! W ARRANTn DEED File 2 a 1 U~ Q C i JIp 2 A (By Trus teej) 1 �f KIN C1W ALIL M EN Hid 1HHSE IiRESEr TS: David C. MdUliniilon, being the duly ,ppolntad, qualified and acting Trustee of The Clank U. N cCl int on Genie ration Skfpp ir. g Family Trust data dl Ju] y 10, 2004, a wnimg , n undivided 13 oro inlenest, a nd David (I. McClinitoni, being the duly a ppointed, qualifie d and a cl ing Trus -I e e of The Marie N cCl init on i Marita 1 Trus t da 1 ed Feb ruary 19, 2004, ownir g a n undivided 68 To, into ra,,V , and David C. McUl it ton , being d c duly appointed, qualified and acting Trustee of The Clarli and Marie McCliniton Descerclanills Educationial 7ru,,t elated July 10, 2004, awning an undivided l9 io inl ere s l , heneinaf er 01W lla d "Gra ntons" , 1 unsumt to tl a powa n a d. authority gnanl ed Herein, and for Tan Dolle r9 Ij$10.0Q and otler valuable considei iatia n paid by John B. VN eisi and N arSl K. M eiss, husband and wile, here im ftan called "Chlanlee,'", tl e ra ceipl of which is hereby acknowledged, do hereby GRAFT, BARGAIN, SELL and CONVHY unl a the said Clrantae s, a d. unto Glanlee: ' hems and a: sign;! 110me r, tl e following- desaiibed lands ; ituated in Washington County, Atkanias: SED EXH Hl7H "AI" AITTACHIE D HERETO AND Il` QOR.F ORA ITED HHREIN HY REFHR>E NCH. Subject to recorded in irun ienit , covinianits, right of way, and easerrienits. TO HAVE AND 10 HOI D tl a sane unl o the said Grants a , and unto Gra nl a e's heirs and , sigm lbraver, with all lenements, appur enances and lierec itament, tbaneunlo belonging. AT11 Gran l ors hereby a a va w nl with said Grantee, and Chlanl ee's heir is and a., signs, tl a t Clnanlon are lawfdlly ; eized of said lands, t12l Clnanlors llave tl a right la sell and o onve y tl e : arr e, t1al said lands are unene umba iled, and that Gra ntons will foneven warrant and defend the l itle lo said is nds a gainsl all lawful claim and dem and9 whatsoana r. WIP HSI our hands and sa a is a: such Glanlon tl is da `I oil M , 2(110. MA111 TA)S1PlTBM BN BS TCI : John B. & Mary K. Weiss {- g z. Toao s wr File N umbo n: 2010QWA§;?�� e� d R tileo 14 e : &,kf- David C. McClinton, '11rusllee of The Clarlt C. N cClinitori Genie rail ion flkipl ing 1 amiily Trust Hage 1 a 13 2004 7nt,iil dal edl July 14, 2004 z avid U. Mo(Ilinilon, Try -ilea of The Marie Md Cllir iI on N arital 7rusd dat edl heli ruary 19, David) C. McClir ions, 7rusllee of Tlla (lls aik at d Marie MaClinioni Desdanidlanil's 1 ducalionial dai ec I July 10, 20 04 1, on bet all of the Gnantea , aartif j undo r pent ty a fl lase sweafir g that at if ast file leg allll c or cat amount of documantarj stamis 1 a, ie begin placed on this instrun ent. Clnantea : lohr B. We i:.i and Mary N. )A e is i , I u: band and wilb By: Tdea ty Title and [hosing Sernicts, LLC, as C1. ante e's Agent y} �1a 'RO OPLU IRI By: Plddiass: 1104 E. loyae Blnd.I ite LAW Fa,lettoville, AR "17703 A (1KNOW1101GFIM1 NT S'W 17E CIF � IRKA) SP IS CCK NTy CIF WIC 13HIN C1110r BH ITI RBMHMBDRBD, that on this clan tame bebna the ur dtrsigged, a P otar Put lic, duly commissionad, qualified and actug, withirl and flar die said Clourty and State, and appeared in pgirson the within. named David U. N c (ll'ntc n, to n e personally ld c wn, wl a ,i to to d that ha wai Vustee of The Clark Cl. McClinl on Clena ra tion Skipil ing Family '➢rust data d , In ly 14, 1004, a trusit, and vas duly authorized in such tapacit to axecuto the bragohig Wlariiant} head bll Trustee for and in the name and bet all oil said Thrust, and firttlan stated and aaldowledl ed that le had so signed, axecuted and delimurad said instrument bi the a onsidetation, uses and purp(po i the na in n e ntia nt d and set forth. IN TEJTIIMCIN) WHERHOF, I have hereon to set n y t and and olifiaial seal this Z�ay of MJ , 2410. 11� f My Cla namiss ion Empu es: Notary �Oy SEAL File f� umbo n: 2010 �� 0 4 E3RCIlIG�Aa a 2 of 3 Qf4�ile`i�flied CJ I - ARKANSAS g ACIKNOV4'LHDGHMEN7 9TATI OF AIAKAN ,( Al OCIUN TY CIF WAISH INCITON BE IT RI MEN BHRBD, that on this clay came N fore the un da rs igrled, a N otar} P(Iblic , (luly COMM sionad, qua ified and actin g, withirl and bn the said ( law t) an6 9tata, and app( ared it penson tic w thio name(( David C. . M o ffi to n, to ni c pars on all, I kna wn, who stated that he was Trustee a f T 1a 11-1 arie MKIIinloa Manital Trust date( Fcbnary 19, 20(14, a trust, and was duly authorbied ii such aapa+ai1) to o xa auto tt a h ra goir g Warranty Do e(I t y Trustee ibn avid in the name and bc] alit o.l said Trust, an(I forth en stated and ackromkdgod that he hul ao signed, eiieauted and dolivaned said instnin ent ion d a oonsi(lenatian, uses and pure( sc i thi no in mentioned and sat forth. IN Ti_ STIMON) )A IHERHOF, I ha ve he no unto s at m}I I and an d oilficiai sa aJ t1lis y oil No 2a 10. My Clomni ssian Hxpiro: : U COY C. YARPOUGH NC TARY R 119 LIQ - ARKANSAS OIASHINGTON CCUNTY MY COMM. SXPIR 9 S 121912(113 AI(IKN( WIIEDGEM NT STA TE CIF A RKANSAIS C1011 NT) OF WIA SH II` GTCIN BE IT REMEMBBREL7, dlat an th'i d:}I same beflono the undeisigned, a ) otar) INN* duy jarnn issione(I, qualified and acting, Vthh I and ]Di the :aid Clour.0 and Stats, acid allpeaiad in person the within nam(d 1 avid C. Mcalinlw , t( ma peajona ly lQ own, wt o sta ted tl at t e v w Tnus lee a l TheClank and Marie McUlinll i Deft i n dant's Hduca tic nal 11nust data d July 111], 2004, a trust, and was du]}l authori2ed in wah capacity to eaieauta dle flaregoirg Waniat} Lead bil Trustea flan acid in the same and bdha l of said Trust, and further su ted and aclaoriledged teat he 1 ad so signed, executed and deliivaid said instrumant far do aonsideiatian, uses and purpasas tlleaaui montianad and sat flarth. IN TESTIMCIN Y WHERECIF, I l a,ie 1 eaeunto set my hand and affieia sea HOCPLO}I of �OI4. N }I Catnmissior Expireis: � �� --aIt IV� NGTARY PUB[ IC -A R OINSAS WASHING10P1 C( I,Ih111Y N Y COMM. EXPIRES 121112413 PRHPARIEII BN: HARRINCITCI) , MILLER, KIEKLA) , E]CHMANI AI BROP N, H.Y I., P.O.'Bii)iIIET, Sirin'dlle, Arkan is AW5 File N umbo n: A 10%19; &,d jRqWX3Ejol 4 Mage 3 oil 3 Hacrcw aiI I a.: 1C-1:10711 HXHIE IT "A" Tract 3: Pan of IN SH 1l4 of lbe ff 1,14 a1 flecilion 35, Township 17 Nortb, Range 30 Wesl, Wasbinglon Uoulnty, Arkst i,as, and being more part'cularly described as fol aws: Be giq ninlg at a p oinll 354.5 feel Eaa 1 and 150 feed Nortb of 1 b e SW corner of said forty acre hlact, and nlnring, Mime Nartb 575 feet; thence Eait 120 feet; IlHenee Souilh 575 feet; ilbence West 120 feell, to Ilhe point of be&ninig. File N umbo n: 201000015274 Rage 4 of 4 WARRANTY DHED Husband and Wifi KN UN P LI] MHN BY IF HSE ARF I BNTS: Icr 11): (VIIA86a80003 Type: REI IIJnd: wARRANT)l DEED Re Oendi d: 11,129,19010 al 09:5, :51 AM Nee Ami : 825.00 nege 1 of wsel Jraico COLTVI, AR Betio Si a mn e 0 J ra u,l 1 C] a rl .J]or 0110-000391049 That we, John B. %iss and Mary K. Wolds, hustard and wife, heleinalten tlolleativaly aallad "Clrantan'', for and in coniidanation oftha sum oil One Dollar ($1.00; and otheil good and valuable coniidaration to us in hand paid by Pam Merniti, an unmarvad penson, heJlemafter a a l la d "Grantee", do hereby giiar t, bargain, gel] and convey unto the S ai d Grantee and Glantee's hells and assigns, the fallowing descr'ibad land situate in Wa9l ington County, Sia is of P nkansas, to -wit: SEE EXIIIE IT "A" A771ACHED HERI 1710 AND INCORPORATED HER11IN BY RHFERJ INUE. V1 H � N B ANI] X10 P GILD the said lands and appurtenam a s the ra u n to belonging _ tinto the said G:Ilantee and Grantae'i hails and assigns, fc nevan. And we, the said G: antoils, — I (reby covenant that we are lawfully seized al said land and plemises, tl at the sam(i is r�1 unanaunl banacl, and that wa v ill loiiever warrant and defend the titla to the Said lands against all alaims whatever. t rt AND wa, Jobn B. NMs, husband, and MaJAI K. Webs, wife, fon and in --- aonsiclaralion of the sum of money, do l eral q release and nalinquish unto the said Gran Q(j v all our rights oll cur esy, dowfln and homestaad in and to the said lands. 1AIITNESS sun hands and saals on this Iq clay of x,12010. MAIL "'AX STA` ENi ENI TO: Pani Merritt Z E ( Sk j S_ 0M H. W4hs Mary K. V i" s I raparad i y Harringtan, Miller, Aid lal,, Ficl mann M Brown, P.A., P.CI. Bo" (181, Sprilledalc, P rNansal 72'169 Wdni aaltj Deed File f umba n: 2410004 35049 Rage 1 oll 3 P� ge 1 of 2 52 131 1, Gn lel 21:1 ul tha Gr2litE+1, aer if un( (r penalt, afl Ihlsa suieivina tl at 2t li �V tle 14(jall)l cmeat an oust oil doatimantarl star ps havi Caen planed of this instrun ent. AR 5373 CllatiIcq: Pamherritt B,1: Rei Ity Title and -Closing 5arvice i, LLC, a9 Grantee' Agent BSI: Addless: 12( d E. lo,lca Bhid., Suitt 101 } a mgVilla, AR 121( ACKNOWI IEDGEMEN7 S'flATB OF ARKA] SAS , S1. COUNTN CII' On tl A thf LI clad of UQ4) 2010, baione ma, a Nolatq Ilublic, parsanall}l appaaaed Jahn B. W6s and Mary KI Weiss, husband and wile, known to me (ou satisfactoriily proved`, to bd the pevsons whale banns ane sub,iaribed to the foregoing initrument and acknowledged d at they had executed the same fan tl a puTTlosf s thatein set north. IN VI ITNESS WNEAl30F, I l 4niunto set m`.I 1 and and oilliaialleal. Ni 0] Clammiasion Expivds: Notary Public ITY I CCJMN II�-: ml EXP. 11IM-2014 Poij arac by Haruinston, Milliir, KAU. llichrnann 61 Bromin, 11 .A ., P.d. Bax 07, 9pringdH( , Arl4nsas 1?761 Wo urvi n tv Ll ead File f umba n: 2410004 35049 Rage 2 of 3 Pala 2 of 2 Ps'crow File Nn.' 10-13381T EXHIBIT "A" A PART OR THE EAST HALF (EL12) ON 'DHE SOUTHEAM QUARTER (SE1,14) OR SHCTION THIRTM-FIVE IP5), TOWNSHIP SEVENTHHN 1117 NORTH, RANGE THIRTY 1130) WEST, BRING MORD PARTICULARLY DESCRIBED AS BOLLCMIIS: COM IRNCIING AT THE SOUTHWEST CORNER C F SAID 40 ACRE TRACT, SAID POIN71 BEING IN TOWNSHIII ROAEI AN111 ARC M WHIM AN EXISTING RHBERHN(ID IRC N (IN THE APHARENT NC RTH RIGHT -OH -WAY LIN" OR SAID ROAD BEARS N00°00'50 "E 21.00 BEET; TRENCH N00°00'50"" 6111.56 H"ET TC A MHT 117 " IRON REBAR FOR THE TRUE HOINT C F BHCIINNING; 'DHHIty OR S89057'45"111 236.71 FRET TC A SET 112" IRON REBAR Al THE BEGINNU4G C F A :124.28 FC C1 RAIIIUS CIURVE (IONCAVH '10 'DHE NORTHWEST; THENCE NC RIHEAS'IHRIIY l X10.68 BEET ALC NG SAID CURVE, 'DHE UHC RD FOR WHICH BEING N42002'21 "E :133.251 BEET, TO AI SEI 1112" IRON REBAR; THENCE N00°38'49 "NN 43.03 HEE71 O A SET 1/1" IRON REBAR AT THE HHGINNING OF A 46.44 HC 01 RADIUS CURVE (IONCAVIE '001 HE SOUTHWEST; I HENCIR NORTHWESTERLY 31.20 FHHT ALONG SAID UURVE, THE CHORD HC R WHICH BEING N] 8-154'49"WI 30.62 FHHT, TO A SET Ili " IRON ROBAA CN THE SOUTH LINE OH WEHIW1ND SUR DIVISICN, DHAJSH 1I, TC 'I HE GIITY CF HAYET7DVILIIH, ARKANSAS; THENCE S89°59'00"NN 315.5.1 FHH'1 AII01% G THE SOUTH LINE OH SAI ID SUBDMHIC N 'DO AN EX] S71ING IRC N; THENCE S00° a 0150" MII 110.75 FRET TO THE POINT OR BEGINNING, CCINTAINING 11.11 ACRES, MC RE OR LESS, WASHIINCI71ON CCUNTY, ARKAIN SAS. THE ABOVE II"SURIBED 1.21 ACRE TRACT BRING SUBJHC7 'DCI ANY EASEM111VUS ANII /OR RIGHTS -C F-MIIA N WHE7HIIIR OR NC T OR RECORD. File f umbo n: 2414444 35049 Rage 3 of 3 STATE OF ARKANSAS COUNTY OF WASHINGTON ''ILEO FOR ,Con 3 EASEMENT '96 NOU 12 AN 9 �7 WASNINOTOtj COAR X• hH,i;r55 KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of One Dollar ($ 1.00) and other good and valuable consideration, paid to the undersigned Irk C. M IinjQn and Marie McCli=n.n , Grantor, the receipt of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell and convey unto M. Carl Covey, Grantee, his successors and assigns, a permanent utility easement with rights of ingress and egress to and from the same, on, over, across and under the Following described real estate, to wit: Located in the SETA of the SETA of Section 35, T -17-N, R -30-W, as described in Deed Book 995 Page 87 of the records of the Circuit Clerk, Washington County, Arkansas. Commencing at the Southwest corner of the Southeast Quarter (SEA) of the Southeast Quarter (SE'/4) of said Section Thirty -Five (35), and running thence East - 354.50 feet; thence North - 250 feet; thence East - 105.49 feet to the point of beginning, thence North 202.0'50" West - 280.89 feet; thence North 2°22'31 " West - 294.60 feet; thence East - 38.22 feet; thence South - 575 Feet; thence West - 14.51 feet to the point of beginning, containing 0.35 acres, more or less. The cash consideration hereinabove mentioned is paid by Grantee and accepted by Grantor as full and total payment for the easement, and for all other rights and privileges hereinabove set forth. TO HAVE AND TO HOLD the above described easement and rights unto said Grantee, its successors and assigns, forever or until said easement is finally abandoned. And we, —:Clark C. McClinton and, Marie McClinton, husband and wife , for and in consideration of the sum of money, do hereby release and relinquish unto the said Grantee all our right of curtesy, dower and homestead in and to the said lands. IN WITNESS WHEREOF, the hand and seal of 199r. STATE OF ARKANSAS COUNTY OF WASHINGTON) set, this day of M d LA c, X; ACKNOWLEDGMENT BE IT REMEMBERED, that on this date, before me, a Notary Public within and for, said County and State, duly commissioned land acting, personally appeared __Clark C. McClinton and Marie Mr.Clinton, husband_aad wife , to me well known as the person(s) who executed the foregoing easement, and that ad executed the same for the consideration and purpose therein mentioned and set forth. WITNESS my hand and seal on the -.. rl _ day of A 199`. My Commission Expires: - aCO SURVEY: FY9 6702:Mrc LINTON. EAS.j m Notary Public 96011043 EASEHMVT AfAF Proposed Permanent Easement 15140 sq. ft. or 0.35 Acres SW CORNER SE 1\4, SE 1\4 SECnON 35 r: -17-N , R -30-W r E,4Sr .354-1j2' WEST - 120' ASr•-•' POYCR POLE L PROPOSED PERMANENT EASEMENT a MCCLINTON o 995--87 z i POWER POLE CENTER UNE 00SVNG OVERHEAD � ELECTRIC UNE (OZARK C ECTRIC CO.) OD '. M b . a - 4N . o• wEsr wr -- 1 Q5 o' 14.51 ' EAST --- 120' TOWNSHIP ROAD 960711044 765-12115-000 BARNES, HOWARD J & BARBARA K 2627 N SHERWOOD LN FAYETTEVILLE AR 72703-3434 765-12114-000 CLEGHORN, JACK R & PEGGY J ALPE 2609 N SHERWOOD LN FAYETTEVILLE AR 72703-3434 765-12113-000 MOBERLY, ROBERT B WEBB-MOBERLY LINDA M 2553 N SHERWOOD LN FAYETTEVILLE AR 72703-3432 765-12112-000 BEFATER LLC P 0 BOX 484 FAYETTEVILLE AR 72702 765-12110-000 STOCKLAND, AUDRIE M 2368 E KANTZ LN S FAYETTEVILLE AR 72703 765-12121-000 765-12122-000 BROWN, HENDERSON J IV MARTIN, DAVID & KAREN 4 � 2620 N SHERWOOD LN 2414 N SHERWOOD LN FAYETTEVILLE AR 72703-3433 RSF-4 FAYETTEVILLE AR 72703-3429 a I� i I as 4 I E G OHa OUHP OHP OHP OHP P a 4 CONCRETE SE GOR_a a ASPHALT DRIVE 41 3 WESTWIND S/D PHASE S89°59'00"W THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND -H- �� SOUTH LINE WESTWIND S/D, PHASE II 31 5.51 X X X X FRONT= 15 FEET • 1/2" IN CONCRETE 136.57' 178.94' 38.99' Ln 20.0 FAYETTEVILLE AR 72703 I 1 ° 15 FEET x 1 INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 c0 m 20.00' 1 5' B,S.B. _ °� a 1 5' B.S.B. - - - - ►� a 71 m O W. �? CONI.° x a O 3 765-12109-000 I a w 765-159 61 -000 Ln DRIVE 73 r' 3 0' Z r� 0� w N FAYETTEVILLE AR 72703-3430 3 rY O 15' S. '-B. B.-- ORIGINAL TRACT `B' o s STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". 1 3 O O Ln _ DEED REFERENCE O a x X ADJUSTED / OT PART OF SURVEY o NOT O 4 0 2008-6974 W O COVERED PORCH LINE p0 a' LnOc 1 0.491 ACRES o Q ,00.2' 3 EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE � un w AG I -STORY as ®I CD II `B' C) M BRICK & FRAME .-W-W/ o \ �w ADJUSTED TRACT RSF4 HOUSE RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS I w 4 g o 1 m 1.21± ACRES 22.1 #942 3 WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. Ln 10 7 4 0 mLn I 4 O COVERED PORCH 0'60± ACRES 765-15989-000 O No CON _j � Z SIDEWALK 2443 SHERWOOD LANE 4 I I ORIGINAL LINES 0 � �. a / 4 4 ... .... ...-..-. S89°59'00"W 136.50' .......... 15' B.S.B. - ' D 13.44' ADJUSTED LINE Q S89°579 459$ E 15' B.S.B. 9 236.71 ° P.O.B. - -- -- --� � ADJ. TRACT B / 765-15985-000 MCCLINTON ENTERPRISES LIMIT. PART P 0 BOX 1983 FAYETTEVILLE AR 72702-1983 POINT NOT SET 3 76515986-000 3 ORIGINAL TRACT `A' DEED REFERENCE 2008-6974 3 4.45+ ACRES 3 RSE-4 ADJUSTED TRACT `A' 3.73+ ACRES 3 N:648326.47 E:678701,80 as LANDS IN TREE- N89°59'59"E 199.53' 199.53' 5/8" 9,11 1141 ME 765-12128-000 WEISS, JOHN B & MA BY KATHLEEN 968 E TOWNSHIP ST FAYETTEVILLE AR 72703 120.00' CONCRETE DRIVE CITY OF FAYETTEVILLE CERTIFICATE OF OWNERSHIP & DEDICATION: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLICHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. DATE-------- ---------------OWNER ---------- DATE OWNER SE COR. WESTWIND S/D Am N89°59'00"E 119.26` PHASE II �pmm�ryp /2" (DEED- 719.50') PERMANENT UTILITY EASEMENT AS PER DOC. 96071043 a.a oma_ ° o c a 41 SURVEY DESCRIPTION ORIGINAL TRACT A Q� I \vo 10' GRAVEL DRIVE RSF-4 DEED REFERENCE 2008-6976 1.57+ ACRES 3 I THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND -H- WEISS, JOHN B & MARY KATHLEEN FRONT= 15 FEET a Ln N, FAYETTEVILLE AR 72703 I 1 ° 15 FEET 3 I INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 c0 m FJ.R.M. 765-15983-000 P.O. BOX 1089 EXISTING IRON REBAR W Q MAP NUMBER 05143CO210 E, EFFECTIVE DATE MAY 16, 2008. ►� a 71 m O W. 3 1N a O MCCLINTON ENTERPRISES LIMIT. PART. 765-12109-000 I a w CO W_ SPRINGBORN, JOHN E REVOCABLE TRUST a 3 0' THIS SURVEY MEETS OR EXCEEDS THE CURRENT MINIMUM 2457 N SHERWOOD LN 0� w N FAYETTEVILLE AR 72703-3430 3 rY 15' S. '-B. B.-- U P.O.B. STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". 104.50 11 TRACT III 120.00' a N89'52'22"E S89°52'22"W �lo I / OT PART OF SURVEY o NOT DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS a W O p0 Q NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE un r1 as ®I N TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION m a. RSF4 \ RSF4 RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS I w 3 DEED 2003-60855 0 CD a WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. Ln 10 4 0 I 4 O 0'60± ACRES 765-15989-000 O 765-12108-000 MEISCH, GREG T & JULIE E Z 2443 SHERWOOD LANE FAYETTEVILLE AR 72703 4 4 765-15985-000 MCCLINTON ENTERPRISES LIMIT. PART P 0 BOX 1983 FAYETTEVILLE AR 72702-1983 POINT NOT SET 3 76515986-000 3 ORIGINAL TRACT `A' DEED REFERENCE 2008-6974 3 4.45+ ACRES 3 RSE-4 ADJUSTED TRACT `A' 3.73+ ACRES 3 N:648326.47 E:678701,80 as LANDS IN TREE- N89°59'59"E 199.53' 199.53' 5/8" 9,11 1141 ME 765-12128-000 WEISS, JOHN B & MA BY KATHLEEN 968 E TOWNSHIP ST FAYETTEVILLE AR 72703 120.00' CONCRETE DRIVE CITY OF FAYETTEVILLE CERTIFICATE OF OWNERSHIP & DEDICATION: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLICHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. DATE-------- ---------------OWNER ---------- DATE OWNER SE COR. WESTWIND S/D Am N89°59'00"E 119.26` PHASE II �pmm�ryp /2" (DEED- 719.50') PERMANENT UTILITY EASEMENT AS PER DOC. 96071043 a.a oma_ ° o c a 41 SURVEY DESCRIPTION ORIGINAL TRACT A Q� I \vo 10' GRAVEL DRIVE RSF-4 DEED REFERENCE 2008-6976 1.57+ ACRES 10 (PARCEL #765-15986-000 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -QF -WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE N89'52'22"E 200.00 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -OE -WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE N89°52'22"E 49.68 FEET TO A POINT IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00°08'431 25.00 FEET; THENCE LEAVING THE SOUTH LINE OF SAID 40 ACRE TRACT, NOO'08'43"E 250.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°52'22"E 104.50 FEET TO AN EXISTING IRON; THENCE NOO'00'41 "W 571.62 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S89°59'00"W 217.93 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO A SET 1/2" IRON REBAR; THENCE SOO'00'50"W 157.31 FEET TO A SET 1/2" IRON REBAR; THENCE S89°59'00"W 136.50 FEET TO A SET 112" IRON REBAR; THENCE SOO'00'50"W 415.00 FEET TO A POINT WHICH LANDS IN A 14" HICKORY TREE; THENCE N89°59'59"E 199.53 FEET TO AN EXISTING IRON; THENCE SOO'05'36"E 249.56 FEET TO THE POINT OF BEGINNING, CONTAINING 4.45 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 4.45 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF TOWNSHIP ROAD ALONG THE SOUTHERNMOST BOUNDARY AND ANY OTHER EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD. SURVEY DESCRIPTION - ADJUSTED TRACT A (PARCEL #765-15986-000) A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH 2' ASPHALT DRIVE RIGHT -OE -WAY LINE OF SAID ROAD BEARS N00'00'50"E 25.00 FEET; THENCE N89°52'22"E 200.00 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00°00'50"E 25.00 FEET; THENCE N89°52'22"E 49.68 FEET TO A POINT N TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -OE -WAY LINE OF SAID ROAD BEARS N00'08'43"E 25.00 FEET; THENCE LEAVING THE SOUTH LINE OF SAID 40 ACRE TRACT, NOO'08'43"E 250.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°52'22"E 104.50 FEET TO AN EXISTING IRON; THENCE NOO'00'41 "W 571.62 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS,- THENCE S89°59'00"W 38.99 FEET ALONG THE cn SOUTH LINE OF SAID SUBDIVISION TO A SET 1/2" IRON REBAR ON A J 46.44 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 31.20 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S18°54'49"E 30.62 FEET, TO A SET 1/2" IRON REBAR; THENCE SOO'38'45"E 43.03 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 124.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 140.68 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S42°02'22"W 133.29 FEET TO A SET 1/2" IRON REBAR; THENCE N89°57'45"W 236.71 FEET TO A SET 112" IRON REBAR; THENCE SOO'00'50"W 401.56 FEET TO A POINT WHICH LANDS IN A 14" HICKORY TREE; THENCE N89'59'59"E 199.53 FEET TO 1 11 4.6 12.13x T AN EXISTING IRON; THENCE SOO'05 36 E 249.56 FEET TO THE POINT OF 7 1 1 BEGINNING, CONTAINING 3.73 ACRES, MORE OR LESS, WASHINGTON NOT PART OF SURVEY COUNTY, ARKANSAS. THE ABOVE DESCRIBED 3.73 ACRE TRACT BEING 60_ SUBJECT TO THE RIGHT -OE -WAY OF TOWNSHIP ROAD ALONG THE ° DEED 2002-65121 Ln 3X O SOUTHERNMOST BOUNDARY AND ANY OTHER EASEMENTS AND/OR 1 15+ ACRES CD RIGHTS-OF-WAY WHETHER OR NOT OF RECORD, 3 765-15990-000 THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND -H- WEISS, JOHN B & MARY KATHLEEN FRONT= 15 FEET 968 E TOWNSHIP ST Ln N, FAYETTEVILLE AR 72703 21.7 1 ° 15 FEET 3 I INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 W 5 FEET FJ.R.M. 765-15983-000 P.O. BOX 1089 EXISTING IRON REBAR W Q MAP NUMBER 05143CO210 E, EFFECTIVE DATE MAY 16, 2008. ►� a 71 TELEPHONE BOX O W. 3 1N a X MCCLINTON ENTERPRISES LIMIT. PART. Q I G CO W_ EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES- a 3 0' THIS SURVEY MEETS OR EXCEEDS THE CURRENT MINIMUM 0� N 3 NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE 15' S. '-B. B.-- 3 -- 0.7 P.O.B. STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". 104.50 11 TRACT III 120.00' a N89'52'22"E S89°52'22"W 10 (PARCEL #765-15986-000 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -QF -WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE N89'52'22"E 200.00 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -OE -WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE N89°52'22"E 49.68 FEET TO A POINT IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00°08'431 25.00 FEET; THENCE LEAVING THE SOUTH LINE OF SAID 40 ACRE TRACT, NOO'08'43"E 250.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°52'22"E 104.50 FEET TO AN EXISTING IRON; THENCE NOO'00'41 "W 571.62 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S89°59'00"W 217.93 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO A SET 1/2" IRON REBAR; THENCE SOO'00'50"W 157.31 FEET TO A SET 1/2" IRON REBAR; THENCE S89°59'00"W 136.50 FEET TO A SET 112" IRON REBAR; THENCE SOO'00'50"W 415.00 FEET TO A POINT WHICH LANDS IN A 14" HICKORY TREE; THENCE N89°59'59"E 199.53 FEET TO AN EXISTING IRON; THENCE SOO'05'36"E 249.56 FEET TO THE POINT OF BEGINNING, CONTAINING 4.45 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 4.45 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF TOWNSHIP ROAD ALONG THE SOUTHERNMOST BOUNDARY AND ANY OTHER EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD. SURVEY DESCRIPTION - ADJUSTED TRACT A (PARCEL #765-15986-000) A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH 2' ASPHALT DRIVE RIGHT -OE -WAY LINE OF SAID ROAD BEARS N00'00'50"E 25.00 FEET; THENCE N89°52'22"E 200.00 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00°00'50"E 25.00 FEET; THENCE N89°52'22"E 49.68 FEET TO A POINT N TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -OE -WAY LINE OF SAID ROAD BEARS N00'08'43"E 25.00 FEET; THENCE LEAVING THE SOUTH LINE OF SAID 40 ACRE TRACT, NOO'08'43"E 250.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°52'22"E 104.50 FEET TO AN EXISTING IRON; THENCE NOO'00'41 "W 571.62 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS,- THENCE S89°59'00"W 38.99 FEET ALONG THE cn SOUTH LINE OF SAID SUBDIVISION TO A SET 1/2" IRON REBAR ON A J 46.44 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 31.20 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S18°54'49"E 30.62 FEET, TO A SET 1/2" IRON REBAR; THENCE SOO'38'45"E 43.03 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 124.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 140.68 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S42°02'22"W 133.29 FEET TO A SET 1/2" IRON REBAR; THENCE N89°57'45"W 236.71 FEET TO A SET 112" IRON REBAR; THENCE SOO'00'50"W 401.56 FEET TO A POINT WHICH LANDS IN A 14" HICKORY TREE; THENCE N89'59'59"E 199.53 FEET TO 1 11 4.6 12.13x T AN EXISTING IRON; THENCE SOO'05 36 E 249.56 FEET TO THE POINT OF 7 1 1 BEGINNING, CONTAINING 3.73 ACRES, MORE OR LESS, WASHINGTON NOT PART OF SURVEY COUNTY, ARKANSAS. THE ABOVE DESCRIBED 3.73 ACRE TRACT BEING 60_ SUBJECT TO THE RIGHT -OE -WAY OF TOWNSHIP ROAD ALONG THE ° DEED 2002-65121 Ln 3X O SOUTHERNMOST BOUNDARY AND ANY OTHER EASEMENTS AND/OR 1 15+ ACRES CD RIGHTS-OF-WAY WHETHER OR NOT OF RECORD, J4 1 ° 20.0' a dHO OHP dOHP _QIP MP - O W W a G LO i OHP F-) -,t a CONCRETE RSF-4 En a 00 4 DRIVE N:648131.33 O O LOH E:678691.75 0O 15' B.S.B. OP.O.B. LnORIG. & ADJ.TRACT A35.0' G G G c G��C 1/2.. - ----��--R/W--- --R/W (4�P SRP OHP OHP OHP O OHPOHP OHP OHP OHP �- OHP GONG. T- OHP O ONC. o Lc� Lc) Uri 25.0 Q Q0 cll�N89`52'22'E _ 200.00' V TOWNSHIP 17 225.18' - o� ' - 41 - - TO LINE +N89'52'22"E+ TOWNSHIP 16 w w 0 4 w w w w w w w w w w 4 9.68' 4 w w w w w - w w - OH OHP OHP OHP OHP OHP T amp OMPOHP � OHP CONCRETE CONCRETE SS ss SS SW COR.J ss SIDFSNALK ss ss ss ss Ss SIDEWALK ss Ss Ss ss ss ss SE1/4, SEI/4 TOWNS IP ROA SECTION 35 (ASPHALT; 50' R/W) T -17-N, R -30-W 765-08101-000 765-13386-000 SHACKELFORD, LLOYD & DAISY M ADAMS, ROBERT L 957 E TOWNSHIP ST 17163 WYOLA RD FAYETTEVILLE AR 72703-3549 RSF-4 BUILDING SETBACKS. WINSLOW AR 72959-9474 THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND -H- SANITARY SEWER MANHOLE FRONT= 15 FEET FLOOD Ln N, RSF4 THIS PROPERTY DOES NOT HE IN ZONE (SPECIAL FLOOD HAZARD ° 15 FEET SIGNATURE OF THE SURVEYOR. INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 SIDE- 5 FEET FJ.R.M. 765-15983-000 P.O. BOX 1089 EXISTING IRON REBAR AREAS, MAP NUMBER 05143CO210 E, EFFECTIVE DATE MAY 16, 2008. ►� a 71 TELEPHONE BOX PLAT NOTES: CENTERLINE ROAD 1N a X MCCLINTON ENTERPRISES LIMIT. PART. FAYETTEVILLE AR 72702 OVERHEAD ELECTRIC LINE G GAS LINE W_ EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES- a PROPERTY LINE 0' THIS SURVEY MEETS OR EXCEEDS THE CURRENT MINIMUM P 0 BOX 1983 O NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". a FAYETTEVILLE AR 72702-1983 O TO THE SUBJECT REAL ESTATE: / OT PART OF SURVEY o NOT DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS a O p0 NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE un as a N TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION m m RSF4 \ RSF4 RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS 3 DEED 2003-60855 0 a WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. m 10 OA/0 I ~I 0'60± ACRES 765-15989-000 J4 1 ° 20.0' a dHO OHP dOHP _QIP MP - O W W a G LO i OHP F-) -,t a CONCRETE RSF-4 En a 00 4 DRIVE N:648131.33 O O LOH E:678691.75 0O 15' B.S.B. OP.O.B. LnORIG. & ADJ.TRACT A35.0' G G G c G��C 1/2.. - ----��--R/W--- --R/W (4�P SRP OHP OHP OHP O OHPOHP OHP OHP OHP �- OHP GONG. T- OHP O ONC. o Lc� Lc) Uri 25.0 Q Q0 cll�N89`52'22'E _ 200.00' V TOWNSHIP 17 225.18' - o� ' - 41 - - TO LINE +N89'52'22"E+ TOWNSHIP 16 w w 0 4 w w w w w w w w w w 4 9.68' 4 w w w w w - w w - OH OHP OHP OHP OHP OHP T amp OMPOHP � OHP CONCRETE CONCRETE SS ss SS SW COR.J ss SIDFSNALK ss ss ss ss Ss SIDEWALK ss Ss Ss ss ss ss SE1/4, SEI/4 TOWNS IP ROA SECTION 35 (ASPHALT; 50' R/W) T -17-N, R -30-W 765-08101-000 765-13386-000 SHACKELFORD, LLOYD & DAISY M ADAMS, ROBERT L 957 E TOWNSHIP ST 17163 WYOLA RD FAYETTEVILLE AR 72703-3549 RSF-4 BUILDING SETBACKS. WINSLOW AR 72959-9474 THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND s5 SANITARY SEWER MANHOLE FRONT= 15 FEET FLOOD MCELVEEN, SCOTT M N, RSF4 THIS PROPERTY DOES NOT HE IN ZONE (SPECIAL FLOOD HAZARD ° 15 FEET SIGNATURE OF THE SURVEYOR. INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 SIDE- 5 FEET FJ.R.M. 765-15983-000 P.O. BOX 1089 EXISTING IRON REBAR AREAS, MAP NUMBER 05143CO210 E, EFFECTIVE DATE MAY 16, 2008. ►� WATER VALVE 71 TELEPHONE BOX "ARKANSAS CENTERLINE ROAD RGHTOF-WAY LINE X MCCLINTON ENTERPRISES LIMIT. PART. FAYETTEVILLE AR 72702 OVERHEAD ELECTRIC LINE G GAS LINE W_ WATER LINE a PROPERTY LINE 0' THIS SURVEY MEETS OR EXCEEDS THE CURRENT MINIMUM P 0 BOX 1983 O STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". a FAYETTEVILLE AR 72702-1983 DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. 0.9' as RSF4 \ RSF4 SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR 3 h a CONSIDERED AS A PART OF THIS SURVEY. I OA/0 J4 1 ° 20.0' a dHO OHP dOHP _QIP MP - O W W a G LO i OHP F-) -,t a CONCRETE RSF-4 En a 00 4 DRIVE N:648131.33 O O LOH E:678691.75 0O 15' B.S.B. OP.O.B. LnORIG. & ADJ.TRACT A35.0' G G G c G��C 1/2.. - ----��--R/W--- --R/W (4�P SRP OHP OHP OHP O OHPOHP OHP OHP OHP �- OHP GONG. T- OHP O ONC. o Lc� Lc) Uri 25.0 Q Q0 cll�N89`52'22'E _ 200.00' V TOWNSHIP 17 225.18' - o� ' - 41 - - TO LINE +N89'52'22"E+ TOWNSHIP 16 w w 0 4 w w w w w w w w w w 4 9.68' 4 w w w w w - w w - OH OHP OHP OHP OHP OHP T amp OMPOHP � OHP CONCRETE CONCRETE SS ss SS SW COR.J ss SIDFSNALK ss ss ss ss Ss SIDEWALK ss Ss Ss ss ss ss SE1/4, SEI/4 TOWNS IP ROA SECTION 35 (ASPHALT; 50' R/W) T -17-N, R -30-W 765-08101-000 765-13386-000 SHACKELFORD, LLOYD & DAISY M ADAMS, ROBERT L 957 E TOWNSHIP ST 17163 WYOLA RD FAYETTEVILLE AR 72703-3549 RSF-4 BUILDING SETBACKS. WINSLOW AR 72959-9474 HILLSIDE OVERLAY DISTRICT: s5 SANITARY SEWER MANHOLE FRONT= 15 FEET FLOOD DESIGNATION: 'A/AE' 0 RSF4 THIS PROPERTY DOES NOT HE IN ZONE (SPECIAL FLOOD HAZARD REAR= 15 FEET AREAS INUNDATED BY 100 -YEAR FLOOD) AS DETERMINED FROM THE RSF-4 SIDE- 5 FEET FJ.R.M. MAP OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED • EXISTING IRON REBAR AREAS, MAP NUMBER 05143CO210 E, EFFECTIVE DATE MAY 16, 2008. SURVEY DESCRIPTION - TRACT A TO TRACT B A PART OF THE EAST HALF (E1 /2) OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,- COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT -OE -WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE NOO'00'50"E 651.56 FEET TO A SET 112" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S89'57'45"E 236.71 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 124.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY 140.68 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING N42°02'22"E 1 33.29 FEET, TO A SET 112" IRON REBAR; THENCE N00°38'45"W 43.03 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 46.44 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 31.20 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING NIB'54'49"W 30.62 FEET, TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S89°59'00"W 178.94 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO AN EXISTING IRON; THENCE S00°02' 15"W 157.31 FEET TO AN EXISTING IRON REBAR; THENCE S89'59'00"W 136,60 FEET TO AN EXISTING IRON REBAR; THENCE SOO'00'50"W 13.44 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 0.72 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD.. rAww SURVEY DESCRIPTION - ADJUSTED TRACT B (PARCEL #765-15986-000) A PART OF THE EAST HALF (E1 /2) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS N00'00'50"E 25.00 FEET; THENCE N00'00'50"E 651.56 FEET TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S89°57'45"E 236.71 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 124.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY 140.68 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING N42°02'22"E 133.29 FEET; TO A SET 1/2" IRON REBAR; THENCE NOO'38'45"W 43.03 FEET TO A SET 1/2" IRON REBAR AT THE BEGINNING OF A 46.44 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 31.20 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING N18°54'49"W 30.62 FEET, TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S89'59'00"W 315.51 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO AN EXISTING IRON; THENCE SOO'00'50"W 170.75 FEET TO THE POINT OF BEGINNING, CONTAINING 1.21 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.21 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT DE RECORD. 118 S. COLLEGE AVENUE FAYETTEVILLE, ARKANSAS 72701 479 444 8784 479 444 0794 FAX 1 888 549 8784 arasurveying@sbcglobal.net Alan Heid & ASSOCIATES PROFESSIONAL LAND SURVEYORS BOUNDARY TORO GPS E IRowmont St a z �p z � � z ams � < SITE a z a ° Century Dr m v �n 2 m z E Township St E 1 ❑T OWNER/DEVELOPER: 765-15961 -000 WEISS, JOHN B & MARY KATHLEEN 968 E TOWNSHIP ST FAYETTEVILLE AR 72703 765-15986-000 WEISS, JOHN B & MARY KATHLEEN 968 E TOWNSHIP ST FAYETTEVILLE AR 72703 SURVEY DESCRIPTION - ORIGINAL TRACT B (PARCEL #765-15986-000) A PART OF THE EAST HALF (E1/2) OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION THIRTY-FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN TOWNSHIP ROAD AND FROM WHICH AN EXISTING REFERENCE IRON ON THE APPARENT NORTH RIGHT-OF-WAY LINE OF SAID ROAD BEARS NOO'00'50"E 25.00 FEET; THENCE NOO'00'50"E 665.00 FEET TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE N89°59'00"E 136.50 FEET TO A SET 1/2" IRON REBAR; THENCE N00'00'50"E 157.31 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF WESTWIND SUBDIVISION, - PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE - S89°59'00"W 136.50 FEET ALONG THE SOUTH LINE OF SAID _ SUBDIVISION TO AN EXISTING IRON; THENCE SOC'00'50"W 157.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.50 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE - DESCRIBED 0.50 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD. VICINITY MAP BASIS OF BEARINGS: ASSUMED STATE LAND SURVEYOR FILE CODE 500 -17N -30W-0-35-220-72-1 005 D EXIST. IRON IN CONRETE U TREE s5 SANITARY SEWER MANHOLE x CHISLED "X" O TELEPHONE PEDESTAL 0 POWER POLE Z ELECTRIC METER 0 WATER METER FIRE HYDRANT O SET 1/2" IRON REBAR O GAS METER • EXISTING IRON REBAR + COMPUTED POINT ►� WATER VALVE 71 TELEPHONE BOX - CENTERLINE ROAD RGHTOF-WAY LINE X FENCE LINE OHP OVERHEAD ELECTRIC LINE G GAS LINE W_ WATER LINE PROPERTY LINE 0' 40' 80' 120' PEAT PACE #291 Proposed Tank Site: Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 354.5 feet East and 250 feet North of the SW corner of said forty acre tract and running East 120 feet; thence North 90 feet; thence West 120 feet; thence South 90 feet to the point of beginning, containing 0.25 acres, more or less. Proposed Permanent Access Easement: Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the point on the North right of way line of Township Street which is 200 feet East and 25 feet North of the SW corner of said forty acre tract; thence North 255.00 feet; thence East 154.5 feet; thence South 30 feet; thence West 104.50 feet; thence South 225 feet; thence West 50.00 feet to the point of beginning, containing 0.37 acres, more or less. Proposed TCE (Laydown area): Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point East 200 feet and North 250 feet from the SW corner of said forty acre tract; running thence West 120 feet; thence North 150 feet; thence East 120 feet; thence South 150 feet to the point of beginning, containing 0.41 acres, more or less. (note: these are the dimensions as shown on the plat; however, they do not match the square footage or acreage shown so that may need an adjustment.) Proposed TCE with Access to Tank Site: Part of the SEX of the SEX of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 200 feet East and 280 feet of the SW corner of said forty acre tract and running thence North 110 feet; thence East 275 feet; thence South 50 feet; thence West 120 feet; thence South 60 feet; thence West 154.5 feet to the point of beginning, containing 0.53 acres, more or less. O z 2 D `7N V) m m x Co i T ® v ! 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Old Wire Road Book/Page: 2015/1409 City: Fayetteville County: Washington State: AR Parcel(s): 765-16059-000; 765-16051-000 S -T -R: 36-17-30 Lot/Block: N/A Subdivision: Fayetteville Outlots Legal: Tract 1: Pt of the SW1A of the NE 1/4 and part of the NW1/4 of the SE1A and part of the NE 1/4 of the SW 1/4 of 36-17-30. Tract 2: Pt of the SWI/4 of the NEI/4 of 36-17-30. ............................................................................................................................................................................................................................................................................................................... SALE INFORMATION Sale Date: January 15, 2015 Financing: Cash to Seller Sale Price: $312,000 Conditions of Sale: Arm's Length Adjusted Sale Price: $312,000 Exposure Time: 178± Days Grantor: Oak Manor Christian Church Trustees Rights Conveyed: Fee Simple Grantee: E. Marie Kilgore, Trustee of the E. Marie Verification: MLS; Washington County Circuit Kilgore Revocable TrustClerk .................................................... PROPERTY INFORMATION Gross Land Size: 4.730± Acres, or 206,039± SF Indicators Total Frontage: Old Wire Road and Old Missouri Sale Price/Gross Acre: $65,962± Road Zoning: RSF-4, Res. Single-family - Four Units per Sale Price/Gross SF: $1.51± Acre Topography: Gently Sloping Adjusted Sale Price/Gross Acre: $65,962± Utilities: Typical City Adjusted Sale Price/Gross SF: $1.51± Highest & Best Use: Residential Use ...................................................................................................................................................... _....................................................................................................................................................... Remarks: This property represents a 4.73± acre site located at the northeast corner of North Old Wire Road and Old Missouri Road. The previous owner was Oak Manor Christian Church. The listing agent (Jeff Pederson) indicated that the improvements did not contribute value. LAND SALE 2 GENERAL INFORMATION General/Specific Type: Residential Record #: 2114 Location: 2251 E. Farr Lane Book/Page: 2016/10361 City: Fayetteville County: Washington State: AR Parcel(s): 765-16065-015 S -T -R: 36-17-30 Lot/Block: N/A Subdivision: N/A LeLyal: Pt of the NWIA of the NEI/4 of 36-17-30 SALE INFORMATION Sale Date: April 15, 2016 Financing: Cash to seller Sale Price: $466,750 Conditions of Sale: Arm's-length Adjusted Sale Price: $466,750 Exposure Time: 804± days Grantor: JTK Trust Rights Conveyed: Fee simple Grantee: JHawk Properties, LLC Verification: Mitch Weigel (Realtor); Washington ............................................................................................................................................................. County Circuit Clerk: MLS ............................................................................................................................................ PROPERTY INFORMATION Gross Land Size: 5.540± Acres, or 241,322± SF Indicators Total Frontage: E. Farr Lane Sale Price/Gross Acre: $84,251± Zoning: RSF-4, Res. Single-family - Four Units per Sale Price/Gross SF: $1.93± Acre Topography: Gently sloping Adjusted Sale Price/Gross Acre: $84,251± Utilities: Typical city Adjusted Sale Price/Gross SF: $1.93± Highest & Best Use: Residential development ......... ................................................................................................................................................. _.......................................................................................................................................................... Remarks: This property represents a 5.54± acre site located south of E. Farr Lane, east of N. Old Missouri Road in Fayetteville. The property represents 5.54± acres of an overall 50+ acres that are being marketed. I.M01II.TAaOR] GENERAL INFORMATION General/Specific Type: Agricultural/Residential Record #: 2318 Location: North side of Skillern Road Book/Page: 2018/7269 City: Fayetteville County: Washington State: AR Parcel(s): 001-15611-002 S -T -R: 31-17-29 Lot/Block: Subdivision: Legal: PT NE 2.00 Acres: Part of the SE 1/4 of the NE 1/4 of Section 31, T17N, R29W, Washington County, Arkansas ...................................................................................................................................................................................................................................................................................................................... SALE INFORMATION Sale Date: March 14, 2018 Financing: Market Terms Sale Price: $195,000 Conditions of Sale: Arms-Length03/14/2018 Adjusted Sale Price: $195,000 Exposure Time: Unknown Grantor: Reece Parham Rights Conveyed: Fee Simple Grantee: William M. &Abigail Rogers Verification: Washington County Circuit Clerk ............................. PROPERTY INFORMATION Gross Land Size: 2.000± Acres, or 87,120± SF Indicators Total Frontage: 182'±, Skillern Sale Price/Gross Acre: $97,500± Zoning: AG/SF, Ag/SF Res 1 unit/acre Sale Price/Gross SF: $2.24± Topography: Sloping Adjusted Sale Price/Gross Acre: $97,500± Utilities: Typical City, no sewer Adjusted Sale Price/Gross SF: $2.24± Highest & Best Use: Residential Development ..... ................................................................................................................................................. _....................................................................................................................................................... Remarks: Located along the north side of Skillern Road. The site is located just outside the City of Fayetteville City Limits, however is located within Fayetteville's Planning Area. The site was purchased for residential development. LAND SALE 4 GENERAL INFORMATION General/Specific Type: Residential Record #: 2156 Location: East of North Oakland Zion Road, north of Mint Book/Page: 2017/34397 Boulevard City: Rural County: Washington State: AR Parcel(s): 001-15576-001 S -T -R: 29-17-29 Lot/Block: N/A Subdivision: N/A Legal: Pt. SE1/4 S.W 1/4 Section 29, Township 17N, Range 29W, Washington County, Arkansas .................................. SALE INFORMATION Sale Date: November 10, 2017 Financing: Market Terms Sale Price: $184,370 Conditions of Sale: Arm's Length Adjusted Sale Price: $184,370 Exposure Time: 60± Days Grantor: Ozturk Investments, LLC Rights Conveyed: Fee Simple Grantee: Joseph Timothy Smith and Cristy C. Verification: Listing Broker (Margie Moldenhauer) Smith ....... ......... ......... _....... ....................... ..... .. .... ,::,:..: ......... ....::_ . ..:.:.:....... PROPERTY INFORMATION Gross Land Size: 2.630± Acres, or 114,563± SF Indicators Total Frontage: See Remarks Sale Price/Gross Acre: $70,103± Zoning: Ag/SF Res 1 unit/acre Sale Price/Gross SF: $1.61± Topography: Near level to Gently Sloping Adjusted Sale Price/Gross Acre: $70,103± Utilities: No Sewer Adjusted Sale Price/Gross SF: $1.61± Highest & Best Use: Residential Remarks: This represents the sale of a 2.63± acre lot east of Oakland Zion Road, in rural Washington County; this location is just east of the Fayetteville City Limits. The lot is accessed via a shared gravel drive that also provides access to other lots in the area. The lot was purchased for construction of a single-family residential dwelling. ASSUMPTIONS AND LIMITING CONDITIONS This Appraisal Report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description or for matters including legal or title consideration. Title to the property is assumed to be good and merchantable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. "Unless otherwise stated in this report, the existence of hazardous materials which may or may not be present on the property was not observed by the appraiser. No responsibility is assumed for any such conditions or any expertise or engineering knowledge required to discover them. The client is urged to retain an expert if desired." This Appraisal Report has been made with the following general limiting conditions: The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 3. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. 5. The Americans with Disabilities Act (ADA) became effective January 26, 1992. I (we) have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since I (we) have no direct evidence relating to this issue, I (we) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. QUALIFICATIONS OF KATIE REED HAMPTON EDUCATION B.S.B.A. in Finance/Real Estate, Minor in Marketing -University of Arkansas, December 2006 PROFESSIONAL EXPERIENCE May 2008 -May 2011 — Research Assistant for REED & ASSOCIATES, INC., Fayetteville, Arkansas May 2011—Present — Appraiser Trainee for REED & ASSOCIATES, INC., Fayetteville, Arkansas Colliers International Branch Office — Commercial Real Estate/Development, 3739 N. Steele Blvd., Suite 322, Fayetteville, Arkansas — Sales Associate/Property Manager January 2007 -May 2011 — Commercial Coordinator for Streetsmart NWA, LLC, Fayetteville, Arkansas PROFESSIONAL AFFILIATIONS AND DESIGNATIONS Real Estate Salespersons License -Arkansas State Registered Appraiser — Arkansas — SR3642 Arkansas Chapter of the Appraisal Institute Member of the Northwest Arkansas Appraisal Section PROFESSIONAL COURSES COMPLETED Real Estate Principles — UA — 2005 Real Estate Investment & Appraisal — UA — 2006 Real Estate Finance — UA — 2006 Appraisal Institute — Chicago Chapter — Course OL -401G — General Appraiser Sales Comparison Approach — December 2011 National Uniform Standards of Professional Appraisal Practice (USPAP) — 15 Hours — Russellville, AR Appraisal Institute — Chicago Chapter — Business Practice & Ethics - 2012 Appraisal Institute — Chicago Chapter — Basic Appraisal Principles - 2013 Appraisal Institute — Chicago Chapter — General Appraiser Site Valuation & Cost Approach — 2013 Appraisal Institute — Chicago Chapter — General Appraiser Report Writing — 2013 Appraisal Institute — Chicago Chapter — General Appraiser Income Capitalization Approach I — 2013 Appraisal Institute — Chicago Chapter — General Appraiser Income Capitalization Approach II — 2014 16 -Hour Uniform Appraisal Standards for Federal Land Acquisitions — Arkansas Chapter of the Appraisal Institute; Little Rock, Arkansas Appraisal Institute — Chicago Chapter — General Appraiser Market Analysis & Highest & Best Use — 2015 Appraisal Institute — Chicago Chapter — Eminent Domain and Condemnation — 2016 National Uniform Standards of Professional Appraisal Practice (USPAP) — 7 Hour Update — 2016 Appraisal Institute — Green Country and Ozark Mountain Chapter — Advanced Income Capitalization Approach — 2017 National Uniform Standards of Professional Appraisal Practice (USPAP) — 7 Hour Update - 2018 CLIENTELE Arkansas State Highway and Transportation Department O.R. Colan Associates Universal Field Services Cities of: Springdale, Fayetteville, Rogers, Lowell, Bentonville, Prairie Grove, Siloam Springs Carroll Electric Cooperative Corporation Various Water Authorities, Attorneys, Corporations, and Individuals Financial Institutions — Arvest Bank, Legacy National Bank, First Security Bank, Centennial Bank, Bear State Bank, United Bank, First Western Bank, IberiaBank, Bancorp South, Signature Bank, Cornerstone Bank, and others. RELEVANT COLLEGE COURSES Microeconomics, Macroeconomics, Principles of Marketing, Business Statistics, Real Estate Principles, Real Estate Investment & Appraisal, Real Estate Finance, International Finance, Financial Markets & Institutions, Financial Analysis & Valuation, Business Strategy & Planning, International Marketing, Market Research QUALIFICATIONS OF SHANNON REED MUELLER EDUCATION B.S.B.A. in Finance/Real Estate -University of Arkansas, 5-94 PROFESSIONAL EXPERIENCE May 2006 -Present — Certified General Appraiser for REED & ASSOCIATES, INC., Fayetteville, Arkansas May 2005—May 2006 — State Licensed Appraiser for REED & ASSOCIATES, INC., Fayetteville, Arkansas April 2003 -May 2005 — Appraiser Trainee for REED & ASSOCIATES, INC., Fayetteville, Arkansas 1994 -April 2003 -Commercial Credit Analyst and Appraisal Review for First National Bank of Springdale, Springdale, Arkansas & First Tennessee Bank PROFESSIONAL AFFILIATIONS AND DESIGNATIONS Ozark Chapter of the Appraisal Institute Member of the Northwest Arkansas Appraisal Section State Certified General Appraiser — Arkansas — CG2302 Candidate for Designation, Appraisal Institute Arkansas Appraisal Licensing Board -2014 -Present, Chairman 2017, 2018 Springdale Planning Commissioner PROFESSIONAL COURSES COMPLETED Real Estate Principles — UA — 1993 Real Estate Investment & Appraisal — UA — 1994 Real Estate Finance — UA — 1993 RELEVANT COLLEGE COURSES Accounting Principles I & Il, Business Law, Microeconomics, Macroeconomics, Financial Theory & Practice, Information Systems Mgt., Organizational Behavioral Theory, Strategic Management, Principles of Marketing, Business Statistics, Principles of Real Estate, Real Estate Investment, Real Estate Finance, Commercial Banking, Principles Of Banking & Finance CLIENTELE _* L Arkansas Department of Tourism Arkansas State Highway and Transportation Department Arkansas Game and Fish Commission O.R. Colan Associates Universal Field Services Cities of. Springdale, Fayetteville, Rogers, Lowell, Bentonville, Prairie Grove, Siloam Springs Southwestern Electric Power Company Carroll Electric Cooperative Corporation Tyson Foods, Inc. Various Water Authorities, Attorneys, Corporations, and Individuals Financial Institutions — Arvest Bank, Legacy National Bank, First Security Bank, Centennial Bank, Bear State Bank, United Bank, First Western Bank, IberiaBank, Bancorp South, Signature Bank, Cornerstone Bank, and others. PROFESSIONAL COURSES & SEMINARS COMPLETED Uniform Standards of Professional Appraisal Practice, (USPAP) — Russellville, AR -2003 Fundamentals of Real Property Appraisal — Russellville, AR -2004 Land/Site Valuation & Sales Comparison Approach — Russellville, AR -2004 Evaluating Residential Construction — Ozark Chapter of The Appraisal Institute, Bentonville, AR -2005 General Report Writing — Appraisal Institute, Chicago, IL -2005 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Chicago, IL -2005 Eminent Domain and Condemnation — Appraisal Institute Seminar -2005 Basic Income Capitalization — Ozark Mountain Chapter of The Appraisal Institute, Rogers, AR -2006 Business Practices and Ethics — Ozark Mountain Chapter of The Appraisal Institute, Joplin, MO -2007 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Joplin, MO -2007 General Market Analysis and Highest and Best Use — Green Country Chapter of The Appraisal Institute, Tulsa, OK -2008 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Fayetteville, AR -2010 Appraising Distressed Commercial Real Estate — Ozark Mountain Chapter of The Appraisal Institute -Rogers, AR -2010 Forecasting Revenue — Ozark Mountain Chapter of The Appraisal Institute -Rogers, AR -2010 Analyzing Rural Residential Outbuildings- Northwest Arkansas Appraisal Section -Fayetteville, AR -2010 Business Practices and Ethics — Ozark Mountain Chapter of The Appraisal Institute, Cassville, MO -2011 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Rogers, AR -2012 Advance Income Capitalization -Little Rock, AR -2012 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Fayetteville, AR -2014 Advanced Applications & Case Studies -Tulsa, OK -2014 Business Practice & Ethics -Bentonville, AR -2014 16 -Hour Uniform Appraisal Standards for Federal Land Acquisitions — Arkansas Chapter of the Appraisal Institute; Little Rock, Arkansas National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Fayetteville, AR -2016 National Uniform Standards of Professional Appraisal Practice, (USPAP Update) -Fayetteville, AR -2018 REFERENCES Patsy Christie, Director of Planning and Community Development; Springdale, Arkansas 479-750-8550 Brian Bahr, Economic Development Manager, City of Bentonville; Bentonville, Arkansas 479-271-5997 Charles Harwell, Attorney, Cypert, Crouch, Clark & Harwell; Springdale, Arkansas 479-756-5222 Lance Jobe, City Engineer, City of Rogers 479-621-1116 Rick Pulvirenti, P.E., Director of Engineering, Springdale Water Utilities 479-927-4183 Chris Brown, City Engineer, City of Fayetteville; Fayetteville, Arkansas 479-575-8207 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0102 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 4 File Type: Resolution WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE A CHANGE ORDER TO TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $52,701.89 FOR REIMBURSEMENT FOR STREAMBANK RESTORATION EXPENSES ASSOCIATED WITH THE WHITE RIVER STREAMBANK RESTORATION PROJECT AT THE NOLAND WASTEWATER TREATMENT FACILITY 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 approve the change order to Task Order No. 7 with the Watershed Conservation Resource Center for reimbursement in the amount of $52,701.89 for expenses associated with the White River Streambank Restoration Project at the Noland Wastewater Treatment Facility. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0102 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/30/2020 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends a change order to Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $52,701.89 for reimbursement of streambank restoration expenses associated with the White River Streambank Restoration Project at the Noland Wastewater Treatment Facility. Budget Impact: 5400.730.5800-5314.00 Water and Sewer Account Number Fund 13018.1601 Wastewater Treatment/Water Quality Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 1,029,960.00 Funds Obligated $ - Current Balance A1,029,960.00 Does item have a cost? Yes Item Cost $ 52,701.89 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 977,258.11 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 145-18 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: January 29, 2020 CITY COUNCIL MEMO SUBJECT: Amend Task Order No. 7 with Watershed Conservation Resource Center RECOMMENDATION: Staff recommends a change order to Task Order No. 7 to reimburse the Watershed Conservation Resource Center in the amount of $52,701.89 for streambank restoration expenses associated with the White River Streambank Restoration Project at the Noland Wastewater Treatment Facility. BACKGROUND: Task Order No. 7 with the Watershed Conservation Resource Center (WCRC) was approved on July 3, 2018 per Resolution 145-18. Task Order No. 7 included the restoration and maintenance work on several streambanks in the City of Fayetteville. DISCUSSION: Of the streambanks that were restored, the White River streambank near the Noland wastewater treatment facility was heavily damaged from flooding in 2018. Repair and mitigation efforts by WCRC included labor, equipment rentals, and construction materials purchases that were necessary to restore the damaged streambank. Staff recommends reimbursing the Watershed Conservation Resource Center in the amount of $52,701.89 to cover the costs of streambank repair and mitigation. BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment/Water Quality Improvements account. Attachments: Invoice from Watershed Conservation Resource Center Resolution 145-18 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 1r WATERSHED CONSERVATION RESOURCE CENTER 380 W. Rock Street, Fayetteville, AR 72701 ......................................................................... Bill To ........................................................................ :City of Fayetteville :Accounts Payable :113 West Mountain Street Fayetteville, AR 72701 Phone # (479) 444-1916 .................................... ........................................ Fax # (928)396-254 ........................................ ................................................... Item E..................................... WRW WTP-Noland ............... Date .... j............................ 1/22/2020 ........................................ Invoice # ...i...................................j 2493 WCRC Accounts Receivable 380 W. Rock Street Fayetteville, AR 72701 Attn: Lori Linn Phone: (479) 444-1916 ...................................................................... ........................................................................................ E-mail 6 Ilinn@watershedconservation.org ........................................................................................ Description Task order #7 145-18 / PO# 2018-00000516 Riverbank restoration repair and general project maintenance. Majority of expenses were related to the repair and mitigation of flood damage that resulted from large floods that occurred in 2018. Heavy equipment (excavator and skid steer) and operator was required to make repairs. Construction materials including rip -rap, topsoil, coir fiber products, bare -root trees, potted trees, grass plugs, and native grass seed material were purchased to complete the repairs. Additional activity during the invoicing period included invasive species removal, invasive species treatment, regular site inspections and irrigation of plants. WCRC staff labor-- $28,267.32 Reimbursable expenses for WRWWTP Repair and Maintenance -- $24,434.57 Total-- $52,701.89 March 12, 2019 to December 31, 2019 ............................................... ... WRWWTP Maint/Repair work March 12, 2019 to December 31, 2019 Please make Check payable to: Watershed Conservation E..................................................................................................................................................................................... Due Date 2/21/2020 ............................................ ................................... Quantity Amount ................................:...............................................; 52,701.89 Totall $52,701.89 WAGES WRWWTP MAI NT March 12, 2019 -December 31, 2019 03/25/2019 Jordan K Forbis 03/25/2019 Joseph E Hixson 03/25/2019 Greyson F Farris 03/25/2019 Jesse David Scarbrough 03/25/2019 MATTHEW A VAN EPS 03/25/2019 SANDI J FORMICA 04/08/2019 William T Solloway 04/08/2019 Jordan K Forbis 04/08/2019 Greyson F Farris 04/08/2019 Joseph E Hixson 04/08/2019 Jesse David Scarbrough 04/08/2019 SANDI J FORMICA 04/22/2019 William T Solloway 04/22/2019 Jordan K Forbis 04/22/2019 Joseph E Hixson 04/22/2019 Greyson F Farris 04/22/2019 Aaron C Thomason 04/22/2019 Jesse David Scarbrough 04/22/2019 MATTHEW A VAN EPS 04/22/2019 SANDI J FORMICA 05/06/2019 Greyson F Farris 05/06/2019 Joseph E Hixson 05/06/2019 Jordan K Forbis 05/06/2019 Jesse David Scarbrough 05/06/2019 SANDI J FORMICA 07/01/2019 Aaron C Thomason 07/01/2019 MATTHEW A VAN EPS 07/15/2019 William T Solloway 07/15/2019 Greyson F Farris 07/15/2019 Jordan K Forbis 07/15/2019 Joseph E Hixson 07/15/2019 Jesse David Scarbrough 07/15/2019 SANDI J FORMICA 07/29/2019 William T Solloway 07/29/2019 Joseph E Hixson 07/29/2019 Jordan K Forbis 07/29/2019 Greyson F Farris 07/29/2019 Jesse David Scarbrough 07/29/2019 MATTHEW A VAN EPS 07/29/2019 SANDI J FORMICA 08/12/2019 Greyson F Farris 08/12/2019 Jesse David Scarbrough 08/26/2019 Greyson F Farris 08/26/2019 Jordan K Forbis 08/26/2019 Joseph E Hixson 08/26/2019 Jesse David Scarbrough 09/09/2019 Greyson F Farris 09/09/2019 Jordan K Forbis 09/09/2019 Jesse David Scarbrough 09/23/2019 Greyson F Farris 09/23/2019 Jesse David Scarbrough 10/07/2019 Joseph E Hixson 10/07/2019 James J Holt 12/16/2019 Jesse David Scarbrough Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White RI Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White RI Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White RI Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of: W RW WTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Fayetteville -City of:WRWWTP-White Ri Sub -total Wages Fringe Indirect Total Wages WRWWTP Maint 3/12/2019-12/31/201! Hours 12.00 32.50 56.00 55.50 2.50 8.00 13.00 33.50 24.00 27.50 53.50 9.50 16.00 63.00 65.25 50.50 1.25 63.50 7.00 13.00 32.25 31.00 32.50 48.00 2.50 2.50 1.00 1.50 8.25 1.50 6.50 8.00 3.00 8.00 5.50 27.75 47.00 44.25 1.00 8.00 1.50 1.50 1.50 4.00 4.50 2.00 7.00 2.00 9.50 4.50 4.50 3.00 2.50 6.00 �g,� +3 1 NAME: Iphrisltian Duran �AYPERIOD OF. M1aFch 11), E0113 Tihru IMar;t 23, 2019 TOTAL 131JN MON TUES WED THR FRI SAT HOURS 31110 3/11 3/12 3/13 3/14 3/15 13116 Week I Hours SU V MON TUES WED THUR F RI SAIr 3117 3/18 3/19 3/20 3/21 3122 3/123 Week 2 Hlwrs DESCRIPTION 1.5 1.5 ASlrairtFfnd eosts--ply! Sick Leave Vacation/Leave/Holiday Airport PH II-Maint BWA-Winslow GIeenhmse Gulley Maint Maharials Mgmt Mt Kessler 4 4 PAuffins Maint NCRS-RCPP Osage: Mit Bank: Osage Main t. Razorback Rd Project Smetbliar Repair W=F Repairsl'Maint WFWR 13renitwood Main l Dleadhorse Maint W R Stable Maint 18.5 4 1 8 6.5 W R WW IrP Maine: a VWA Trailblazers V ICS RC DP PL56G LSC Wetland Town Branch Crider 8 8 S 24 TDTAL 24 HOU R6 Irotal Olr HOU RS Irotal Olf Hrs = 1+112 NIhMmidi fill in: Wic4rrojactsCh ed f0jow and how many houirs to each project r EMPLOYEI=: DI R ECTOR:ate 3rredvr.. DAIfE: M 9 DA - Ma CFt 22, 20 I Su rvisor: 221 0 a W Z � S 3.v NAME: ChriStfan Dura n PAY , ERIOD OF: Larch 24,120113 Thru Apel 13,12019 TOTAL HOIJ RS SUV MON TU E13 3/214 3V25 31126 WEI) 3127 T HR 3128 F RI 3/29 SAT BV30 Neek I -fouls 13UN MON 131131 411 TUEB WEI) 4/2 14/3 IrHUR 4/14 "RI BAIT itis 11116 Week @ HDUIS DESCRPTION 4dmitl/Ind Costs Bick Linve I✓aca tion/LeavelHolida kirpi)l 3H II-Mainl 13WA-Winslow I.125 1.25 Greenhouse Guili:y Maint Materials Mgmt 3 3 M t Kessler Mullins Maint 41'RS-RC " Dsa ie Mil Bank: Osage Maint. Ra Borba cic Rd 'ro'ect 13weetbriar Repair W = : Repairs1fMain t WFW R Blentwol)d Maint DeadhDrse Maint WR Stable Maint 32 8 8 8 8 WR WW T:' Idlaint 5 5 NWA Irreilblazers r NRC6 RCP D :11-5136 3 3 LSC Wetland Q< (Town Brandi Crider 8 8 8 214 8 4.25 8 20.25 I rDl r 4L HDI1 RS 25 tal DT HDU RS Total IN His -- -1+1/2 Matt/Sandi fill in. Nh I.harged (for OIr and how many (hours to eaeh praiba EM :ILOIYEE DIREI'TOR: Associate Director. M DAT E: A)M, 2OW IDATE: April 5, 20113 ISupendsor VehicleMilleagie Log ��� +' Irundra Silvenado 13eginnipgDlaha: March 11, 12019 I V Date Odometer Read! ng - Bieginniiig Ending II Tnaveled Il113S b rpt type in Ihis boic Pur �oslaP Descr! tion Total Miles "Do not type n th°s box 3111119 75244 75280 36.0 WWTP Maiiit 3112119 75280 75304 24.0 WWTP Maiiit 60.1) 3113/19 75304 75317 16.0 Green rDuse 11`131.1) 3/14119 75317 75327 10.0 Mullins Maint 1313.1 3/15/19 75327 75358 31.0 Mullins lAaint 114.1) 3118/19 75358 75372 14.0 WWTP Maint 1126.1 3119119 75372 75403 31.0 WWTP Maint 1151D.4 3120119 75403 75417 114.0 WWTP Maint 11313.1) 3121119 75417 75430 13.0 WWTP Miimnt 1136.1 3/22119 75430 75445 15.0 WWT�IVmint 3111/19 114951 114990 39.D WWTP IVeint 21111.1) 3112119 p114990 115003 13.D WWTP Uaint 2151121.1_ 3/13/19 115003 115010 _ 7.0 _ _ Breen house 260.1 3114119 115010 115043 33.0 Mullins IAaint 2913.1 3/15119 115043 115119 76.0 BW k Winslow 3619.1) 3118119 115119 115147 28.0 WWTP INeint 131TA 3120119 115147 115160 13.0 NWTP Maint 41IDA 3121/19 115160 115174 114.0 NWT I lWaint 4 t4.1 3122119 115174 115201 27.0 MNTP NDint 4151.1 0 0 0 0 0 0 0 0 0 0 011�Imikbtal im)uW 451.0 I$ 261.5131 Total Travel Amt 1261.13 -1 6andi's Reimbursement For use of IfACIO WA I /Mww Bain A ewr rds roi n M IM 1.0 ta) Z W U W V Y D 13 CO) W Ix Z O Q WB t O U- i U c am W-2 r.-3 � 1 n IWIC RIC- Travel Expense State ment Dur )DselfDascri Minn: Travel to and Prom sites Employee Information Vaine Jordan =orbis 1313N Address 1 183 6 111 Way _ I.ity, 6tate, Zip :a etteville, AR 72704 /-,- Date Project Code Description Hotel mileage Mileage Expense Meals Phone Entertainment Misc. _ TOTAL 3/15/201 B W R INWfP Dn vin to an 11 from cite B I$ l $. $ - 31 $ 4-6.99 $ - $ - $ - $ - 116plit between projects /7,Cr6 Wileage Dost "See attached receipts iohsl, rood, Other Al wa rices TOT 4L $ "9 $ - $ - $ 164& Directors 40proiral 114I)OS 1 i A 1 3-2-5-,/ nature Date now 1-7-q8 r7W Vehicle Mileage Loci Tundra Silverado Begin ni ng Das: March 25, 2019 Date Jdlameter Roaliing - Beginning Enliin13 Miles Traveled . �Do not type in this box Purpose / Descriptio n Tdtal Milian „Do not type i � this ba( 3/25/19 75462 75512 50.0 Dtlage Maint 50.0 3126119 75512 75556 114.0 0liage Mail it 94.113 3128119 75556 75577 21.0 Green house 1115.10 3129/19 75577 75605 28.0 WWTPIAaint 1413.1) 4/1119 75605 75671 66.0 Djiaqe Maint 209.0 4/2119 75671 75691 20.0 WWTP Maint 229.1) 413119 75691 75732 111.0 BIV Maud 271).1) 414119 75732 75764 32.0 Indil ect 130 2.1) 414119 75764 75773 9.0 Mt KesWelMaint _ _ 31 I.1) 415119 75773 75792 19.0 WWTP Aaint 1330.0 3125/19 115201 115270 69.0 Dpage Maiiit _ _ 899.1) 3126119 115270 115346 76.0 Drage Maint 13715.10 3/27119 115346 115361 15.0 WWTP IAaint 1390.1) _ 3/28119 115361 115377 16.0 WWTP Aaint 506.0 3/29119 115377 115399 22.0 WWTP lulamt 15213.0 3129119 115399 115406 7.0 Green house 6315.0 411119 115406 115426 20.0 WWTP Maint 1555.0 412119 115426 115439 13.0 WWTP I Aamt 568.0 413119 115439 115476 37.0 NWA I rrailblzr Maint 6015.0 413119 115476 115519 IW BIV Maint 648.0 4/4119 j 115519 115552 33.0 IMIVTP IN mint 681.0 _ 415119 115552 115585 33.0 WWTP Maint 1719.0 0 0 0 0 0 0 0 o ect wes unven wes A .au ITI)tIal Mil( tDtal la mDunt 714.) I$ 414.112 Total Tti Ain t 4113. Sandi's Reimbursement FDr use Df ITACO MA Sage Maint 305.0 176.90 venhouse 28.0 16.24 WTPMaint 219.0 127.02,. Maint 84.0 48.72 tKessMlaint 9.0 5.22 NATraill3lzrMaint 37.0 21.46 direct 32.0 18.56 - ...,_ _ - htip./Mnwv semplelvords coin WICRC- Travel Expe ise 5ta tip ment PurmselfDescri )tiDn: Travel to and from sites E mployee Information Vame Tanner Solloway Address 333 st. chalies avenue 613N City, Btnte, Zip =ayetteville, AR 72701 Date Project Code Description Hotel Mileage I Mileage Expense I Meals Phone Entertainment Misc. TOTAL IN R 41'19/201BWWTP/Greenhous Dnumgtoanlifrom site 18' e $ 9.72 1 9.72 ^Split between projects 'Bee attached receipts Directors 4)pnoval ; Votes .P I .P - IR .P - Mileage Cost $ 9.72 HDbel, 'IDI)d, Other $ - 41 Jim Iaes $ - TOIrAL $ 9.72 Vehicle Milaage Log Irundra Silrvhlraldl) Beginning Date: April 8, 2019 Date Odometer Reading Beginnin13 Ending Miles ii-mveleli Do not type m this box Purpose/ )esoriptio n rotlal MilBB " b not ype in Ihls bolc 418119 75 9312 75807 15.0 Ivwltp IAaint 115.D 419119 75807 7513137 30.0 Ivwttp Maint 415.D 4110119 75837 75858 21.0 Ivwttp Maint BI3.ID 4111119 7513158 75879 21.0 lvwttp Maint BI 7.0 4112/19 75879 7513133 114.0 IwAtp Maint 101.0 4/15119 75893 751320 27.0 ivwul> Maint 1213.0 4/16119 75920 75934 114.0 Ivwttlr Maint 1412.0 4117/19 75934 75993 59.0 vwttp Maint 20 I.0 4/18119 75993 76009 16.0 g ieenhouse 12117.D 4119119 76009 76051 42.0 Ivwttp Maint 12513.D 418119 115585 115590 5.0 IM Kess Maint 264.0 418119 115590 115607 17.0 wmp Maint 12B 1.0 4/9119 115607 115642 35.0 Ivwttp Maint MILD 4110119 115642 115676 34.0 Ivwttp Maint 1350.0 4111119 115676 115690 114.0 wwttp Maint 1364.0 4112119 115690 115713 23.0 wwttp Mar it 13B ND 4115119 115713 115727 14.0 wwttp Maint 40 I.D _ 4116119 115727 115758 31.0 wwttp Mai it 1110 ILD 4117119 115758 115770 12.0 Mo Gravel Bed 444.0 4117119 115770 115805 35.0 wwttp Mant 13713.0 4118/19 1 1681)5 115838 33.0 mat IA i91nt 15112.10 4119119 115838 115859 21.0 wwttp Maint 153 LID 0 0 0 0 0 0 0 Project Miles Driven Mlles X.513 WWTPMAINT 467.0 270.86 Greenhouse 16.0 9.28 Total Travel 14mt 01)9.1 Mt KessMaint 5.1) 2.90 MO GRAVEL BED 12.0 6.96 Mat Mn mt 33.0 19.14 - Ba 11i's Reimbursement - =or use uF TACIOM 4 - Total Milt Notal a nount 16�-v 15133.1) $ 131)9.14 a IAtpIANww somplelvords com INC RC- Travel Exponse Stateme it 2urpl)se/Dnscr1ptiiDn: Travel to and From sites Em )loy.ie In For mation Name Joseph Hixson Address 161 1 E Briarcliff Bt SS V City, State, Eip Fayetteville, AR 72 703 Date Project Code Description Hotel Mileage Mileage Expense Meals Phone Entertainment Misc. TOTAL 4/29/2019 4/29/2019 Materials Management WR WWTP Repair Materials Management riving to smokehouse mokehouse to WR P to Office riving to and from mokehouse 14 i6 8 $ a•,3a 2°16 $ � . m10 $$d' $ 4, tr4 4'3'-2 $A-3�2-* $ � • 01$ $•64' (O $ � 44.1112 51' 1112019 $ - 28 $ 15.12 $ - $ $ - $ - ^Split between projects MR)agi) Cost *See altteched iLceipls Hotel, -Doll, Othu Adl/encas irOWAL $ 2 - $ - $ - $ Dirr'ctors 4)pnDval 10tes t l (,a �0 A -- l ' � • dl� �� (ylQin� 10, al's Which Wawa Log Irundra SillvenadD F--Z; s nnin13 D ate: April 22, 2019 Date Odometer Readi ill Beginning Ending Miles Tralrelod ""Do not type in this boic Purpose/ )escriptilan Total Miles "Do not ype in his box 4122119 76049 76063 114.0 WWT 110mint 114.0 4123119 76063 76082 19.0 WWTP N1emt 313.0 4/24119 76082 76096 114.0 INWTP Ideint 41.0 4125119 76096 76103 7.0 G is en house 54.D 4126119 76103 76117 114.0 NWTP Iftnt 68.D 4128119 76117 76127 10.0 Green house 713.1D 4129/19 76127 76141 14.0 INWTP Idaint 92.D 4130/19 76141 76156 15.0 WWTP INacnt 101x.0 511119 76156 76168 12.0 Green house 1119.0 512/19 76168 76198 30.0 I,nder EQI � 141x).0 513119 76198 76242 144.0 Crider EQI 3 1913.0 513119 76242 76252 10.0 1✓ehide Expense 2013.0 4122119 115859 115880 21.0 NWTP Mamt 229.0 4124119 115880 115935 55.0 INWTP Maint 12713.0 4124119 115935 115948 13.0 Green house 292.0 4124/19 115948 115957 9.0 Mt KessIiA Writ BO 1.0 4126119 115957 115991 314.0 WWTP Awl: 13315.0 4129119 115991 116014 23.0 WWTP Maint B58.0 4130119 116014 116047 33.0 WWTP Aaint 1391.0 5/1119 116047 116071 24.0 Green house 14115.0 212119 116071 116096 25.0 Crider 12 -QIP 440.0 513119 116096 116101 5.0 I✓ehide Expense 4415.0 513119 116101 116113 12.0 natmanage 4511.0 516119 116113 116146 33.0 ccpp 490.0 0 0 0 0 0 0 Project WWTPMaint vehicle ex ense greenhouse Miles Driven Miles X.58 256.0 1146.138 15.0 8.70 66.0 38.28 B Total Trawal Amt 2614.2 :alMilc IDtal amount 413D.D 2813.21) Sandi; Reimbursement Fix use & IFACO MA r � ! 1 P K - glh4y hup P www sampl swords com Vehicle Wawa Ll:)g Honl s Irundra Silvhn®Idl) regi nninlg DR te: Ap 11 2,12018 Date Odometer Readi rig - Be19inning Ending IIAilBs TrInmied -Da not type in this boi( Purpose I, IDescri �tio n Total Mlles "Do not ly re m Ibis box 412119 150 250 111 indirel.t 1 DOA 4/2119 250 344 84.0 NIN4 TOW Inaint 164.1) 413119 344 381 37.0 osa e R2gers 2131.1) 413/19 381 464 83.0 osage Rogers 3114.0 418/19 464 506 142.0 Wwwtp Meint 1356.0 4110119 506 542 36.0 RI.PP 131)12.0 4112119 542 561 19.0 wrwwtp Meint 1411.0 4116119 561 589 28. D Griffith E 11P 141316.0 4/17119 589 613 24. D Griffith E 11P 4613.0 4119119 613 623 10.1) WM aint 14713.0 4/23119 623 767 144.0 indilect 15117.0 4124119 767 785 18. D ivrwwtp IN wnt 8315.0 4125/19 785 884 99. D indict. -d 734.0 4129119 884 910 26.0 vsley EQI 1760.0 512/19 910 977 67.0 opag a Rogers 13217.0 513/19 977 1003 26.0 RE PP B513.0 5/4119 1003 1024 21.0 RI.PP 16714.0 516119 1024 1039 15.0 RCPP 8816.0 518119 1 1039 1064 25.0 RI:PP 61 N.0 0 0 0 0 0 0 0 Project indirect NWA TrlBlzr Maint Osage Rogers WRWWTPMaint RCPP GriffithEQIP Presle EQIP rMaint Miles Driven 343.0 94.0 187.0 79.0 123.0 52.0 26.0 10.0 Miles X.58 198.94 54.52 108.46 45.82 71.34 30.16 15.08 5.13D 11 Total Travel AmtT Sandi's Reimbursement 11 use Df IrACO MA 0-1 530.1 EIM)balMil(btal amwnt v - 914.1) $ 631).112 rttp./iwww sampleworde com IWC R C- Travel Expense Statement Purpose/ Desicription: Tn3vel to PrDjec: Sites Empli) lee I nformi3tio n Jame 'kan) n T iomasim Odlkesr 13161) W Piarkway Dr ;.ity, State, Zi) =myetteiville, AR 727D4 Date Project Code Description Hotel Mileage Mileage Expense Meals Phone Entertainment Misc. TOTAL NRCS-RCPP 6/17/2019 Presley Travel 17 $ 19.613 $ 1).133 6/25/2019 WR WWTP Travel 1Q $ 17.11) $ 7.19 6/28/2019 WR WWT Travel 1e $ 7.1B $ I7.19 $ - 4111$ 24.01 1 $ 1 $ - $ - $ - 24.01 Mileage ICost$ $ - Hotel, =imli, Other Advia nceis $ - $ 24.01 TOTAL Directors Approval ;Notes 4. 06 -ilalXilj ig niatij re Vehicle Mileage Ll:)g 1 SNDA Irundra SilveredD Be13inArig Date: IlLily 1,12019 date Odometer IReadi 1g BI -ginning Enldin13 Miles Traveled "Do not type n this box Pur �o1se / (Description Total Miles "Do not ype In Ihb box rl'll%9 r741313 77477 19.0 CliderEDIP 113.D /2/19 77477 77523 06.0 Dsage Mai nt 1515.10 73/19 77523 77574 5LID Dsage Ma'nt 116.0 7119/19 77574 77597 23.0 preslep EDIP 1313.0 710/19 77597 77642 135.0 Dsage Ma nt 184.0 //9/ 19 77642 77690 138.0 Dsage Ma nt 232.0 7/ 111)19 77690 77733 133.0 B NA W i islow 2715.0 71111'19 77733 777132 139.0 Dsage 10ai1 029.0 7/IIt/19 77782 77811 129.0 INWTP Maint 0513.0 7/1/19 117284 117288 ILID build Branch 0517.0 7/2/19 117288 117295 ►.0 build Branch 064.0 7/2119 1 17121915 117334 39.0 Dsage Wla nt 4013.0 7/3/19 117334 117402 158.0 Dsage Ma nt !1'71.0 7/3/19 117402 117419 1 r.ID preslelr EQIP 1488.0 7/8/19 117419 117477 1 i8.0 Map Mal ht 546.0 7/9/19 117477 11715128 136.0 Dsage Mard 592.0 7/10/19 117523 117547 24.0 presley EQIP 616.0 7/10/19 117547 117584 3 7.0 BrenlM*odMaint 653.0 7/11/19 117584 11713158 134.0 Osage luta it 7317.0 7V12119 117668 117693 25.0 Cider E ]1P 762.D 71'12/19 1 17111)13 117 rD5 12.0 WW,rP Ma nt 774.0 7/9/19 3887 3936 49.0 RCPP 823.0 7/10/19 3936 131946 II).0 bead Me nt 833.0 7/12/19 3946 3956 10.0 1AuINns Ma nt 843.0 ect Miles Drivlan Miles X.58 TDtal Tralvel 14mt 411138.9 Bandi's Reimbursement =DI' ush o1 TACOMA Ti)AlWiles IDtallamDunt 814B.D IS 413B.194 or EQIP 44.0 25.52 e Vlaint 534.0 BDD.72 ins M aint 1D.0 -- - 5.80 aley EQP 34.1 B 7.12 A W insll ]IN 43.0 1213.94 ITPVaint 131.1) 1213.78 "Branch 11.8 6.38 itIAlaint 137.1) 21.46 D � 1313.1) 28:42 id Vlainl ID.1) 13.131) - FA 0512 � - yaplMm -ramplewoIds.com Vehicle Mileage Log gONDA Tundra Bihrenado Begin ging Oft: : "y 1P, 2019 Date 311 meter Reading Beginning Ending MileB Traveled )o not IY re in this box Purpose 1(Description Total Miles "'Do not type in this box 7/15/19 77811 77837 26.0 Nrwwpt Maint 11.5.0 7116119 77837 77858 21.0 w wwpt Maint 4-7.15 7117119 77858 77872 111.0 Nrwwpt Maint 131.15 7118119 77872 77886 115.0 Nrwwpt Maint 1r6.1) 7119119 77886 77962 r6.0 IDwnbraichmalnt 1.151.0 7122119 77962 77988 26.0 WWAV Maint 177.13 7123119 77988 78057 69.0 t swnbra ich mint 246:1) 7124119 78057 78074 17.0 deadmailrt 263.13 7125/19 78074 78115 It 1.0 Nrwwpt Maint 304.13 7/26/19 78115 78130 15.0 int Less naint 1319.13 7126/19 78130 78142 12.0 dr inaint B31.0 7/15119 117705 117721 16.0 1hulBns M Sint 347.1) 7116/19 117705 117780 75.0 Nrwwpt Maint 42213 _ 7/17/19 117780 117791 11.0 nt Less inldnt 433.1) 7/18119 117791 117829 118.0 NrW WPt Maint 4.71.0 7119119 117829 117857 28.0 Iftterials M mt 1499.13 7119119 117857 117872 15.0 C ider EMP 514.13 7/22119 117872 117887 15.0 Clider E XP NZ9.6 7122119 117887 117895 8.0 deadmaint 537.19 7123119 1 117895 117972 77.0 IRtle 13 j r Bin d 614.15 7124119 117972 117984 12.0 sweetbrier Mint 6E6.1) 7124119 117984 117991 7.0 Bulldog 533.15 4125119 117991 118001 10.0 Pres eyEQ1 643.0 7125119 118001 118016 15.0 C ider E )IP 6158.1) 7/26/19 118016 118090 r11.0 t)wnbranl:h midnt 732.15 0 0 0 0 - 0 Project Miles Driven miles x .w3 wMpmaint 255.0 147.90 rownBrMaint 219.0 127.02 ITI3tal Tnalrel A7tt x214.6 Deadmaint 25.0 14.50 MtKessMaint 26.0 15.08 AirMaint 12.0 6.96 MullinMaint 16.0 9.28 Bandi's Reimbuisement Math mt 28.0 16.24 =Dr usla Df TACOMA CriderEQIP 45.0 26.10 littlesu ar bnvl 77.0 44.66 Sweetmaint 12.0 6.96 Bulldog 7.01 4.06 TDtalAili total anDunt 10.01 5.80 7132.13 $ 4124.156 hip lAvww raflpl iwords coli Vehicle Mileage Ling iONDW Irundra Billrenadl, B l;inningDi3te: July 30,¢019 Date Dftmeter Roiding = Beginning Entlinl3 Millis Trlabl.'liall -De not lype in his bot( Purpose Il Descri �tiD n Total Milers "Do not ly re in this box 7130119 78142 78164 22.0 BW 4 Winslow 22.0 7130119 78164 78195 B 1.0 Brent daint 513.0 7131119 78195 78200 5.0 Mullins lAaint 513.0 7131119 78200 78213 13.0 _ kirMsint 71.0 811119 78213 78231 18.0 tvrwwtp Maint 813.0 811119 78231 78235 4.0 RnrorRd 03.0 812119 78235 78260 25.0 DeadMatnt 1113.1) 812119 78260 78271 11.0 wrwwtp Maint 1129.1) 815119 78271 78275 0.0 RBi:orRd 11313.1) 816119 78275 78334 59.0 little Bugar 11)2.1) 816119 78334 78389 55.0 VWklTdBlzrulaint 21VA _ 817119 78389 78401 12.0 little Bugar 21519.1) 817119 78401 78456 55.0 vW 41rr1Blzr 1ABint 13114.1) 818119 78456 78470 113.0 wrwwtp Maint 13 213.1) 818119 78470 78485 15.0 GulleyMaint 3413.1) 7129119 118090 118108 18.0 DeeBProperty BI31.1) 7130119 118108 118120 12.0 BweelMaint Cil rB.0 7131119 118120 118131 11.0 Presley EQIP B 34.0 7131119 118131 118138 7.0 Crider EQIP 891.0 811119 118138 118194 56.0 wrwwtp Anint 4417.0 812119 118194 118197 B.0 RacorRd 450.0 815119 118197 118256 59.0 Con Pert 5013.0 517119 118256 118323 Br.O VW 4 TrlBlzr lAaint 5715.0 818119 118323 118332 B.0 MalMana a 5815.0 819119 118332 118344 12.0 Green louse 5917.0 819119 118344 118350 6.0 Me Manage 603.0 0 0 0 - 0 A Miles uriven Mlles x .bts PriIsley Crilder CDnPart M M Greenhnus TDtalMiles 603.0 Mlles lunven 11.0 7.0 59.0 15.0 12.0 0.0 total a mount $ 31313.741 Miles A .08 6.38 4.06 Total Travel Amt 34.22 8.70 6.96 - Sandi's Reimbursement =Dr usl9 of IFACOMA vh� Winslow 22.0 12.76 Oaint 31.0 17.98 s Maint 5.0 2.90 int 13.0 7.54 P Maint 99.0 57.42 Rd 11.0 6.38 vlaint 25.0 14.50 Sugar BNVL 71.0 41.18 TrlBlzr 177.0 102.66 Vaint 15.0 8.70 prop 18.0 10.44 i 12.0 6.96 349.7 (plus -IJ�E httU- wwsamplewordsroin HID 4DA Irundra 8120119 8112119 8113119 8114119 Odomizter Readi ng DI3te 8115119 118431 118459 Beginning Enldinlg 81111/19 78485 78497 8113119 78497 78517 8113119 78517 78527 8111t119 78527 78571 8115119 78571 78627 8116119 78627 78666 13/19119 78666 78710 summ 78710 78772 8120119 8112119 8113119 8114119 78772 118350 118384 118407 78777 118384 118407 118431 8115119 118431 118459 8116119 8116119 118459 118471 118471 118481 8119119 118481 118495 8119119 118495 118514 8120119 8121119 8123119 118514 118588 118597 118588 118597 118643 8123119 118643 118650 8123119 118650 118660 7117119 3940 3960 7117119 3960 4026 7118119 4026 4038 7124119 4038 4171 7129119 4171 4265 812/19 4265 4339 815119 4339 4380 816119 4380 4459 8112119 4459 4564 8117119 4564 4652 811912019 4652 4725 nflllcJ vnvci 1 Vlehilcle Mileage Log Silver di) Miles rr13liBI1311 "'Do not type In this bac 12.0 20.0 10.0 44.0 $6.0 39.0 14.0 62.0 5.0 34.0 23.0 24.0 28.0 12.0 111.0 14.0 19.0 1111.0 9.0 116.0 7.0 10.0 20.0 66.0 12.0 133.0 94.0 74.0 41.0 79.0 105.0 138.0 73.0 Osage Mit Bank Osage Mit Benl: Driven IMilesX.58 16.0 P Begin ni ng Date: Au 3ust 1¢,12019 LilSuga 94.0 TI in tot Purpose/ )escriptio i 'roo notI ft ype inn Ihis bou gulley IAeint IQ.D Crider EQI P 13 2.0 presley EQIP 42.0 osage Alt Bank 136.1) osage Mit Beiik 142.0 wrwwtpMaint I MID D6age Md Bank ¢25.ID olcage Mit lank Z87.D Raz xR H 129Q.D Mat Aa nage 326.0 A r Mai nt 34).D Air Maint 8713.0 wrwwtpMamt 401.0 Cndier EQI 4 111131.0 Presley EQIP 423.0 sweetMaint 437.0 KessMelnt 466.1) ITown Waint 50.1) DeadMaint I5139.ID ind 585.0 DeadlAaint Ii192.ID Air Maint 602.0 wwwtpMal nt 622.0 ogage Mk Bank 688.D wrwwtpMaint 700.0 Ir)wnB Me nt 833.0 Rl6pgar Il 927.0 nd I,D0 LD 1.04Q.D Osage Mit Bank Osage Mit Benl: Driven IMilesX.58 16.0 P 32.0 18.56 LilSuga 94.0 54.5L Total Travel Amt 804.5 20.0 11.60 RCPP 41.0 23.78 P ink 433.0 251.14 ConPa 184.0 106.72 t 99.0 57.42 5.0 2.90 Sandi's Reimbursement 34.0 19.72 =Dr usts Df IFACO VIA le 57.0 33.06 nt 14.0 8.12 t 19.0 11.02 aint 207.0 120.06 TDIalMilito,I3llaTnounl ,t 16.0 9.28 11387.D $ 131)4.46 Isttp hwwwssmpleworUS coin INC 216- IT 13 vel Expense Statement 3urpDsel'Deiscrip tion: Em )lo fee I if xmatiDn Name Jordan =Drbis S6 V Tra vul b and from sites Address 1 183 S Oxb Iv Way City, State, Zip Fayetteville, 4 2 727011, Date Project Code Description Hotel Mileage Mileage Expense Meals Phone Entertainment Misc. I TOTAL 8/27/2019 AA port IMs ,,k Dnvipg to olid from site -J 1 I $ 5.91t $ 5.134 911iIR2019 WINTP ff�,,, . Diwipg to and fnxm site J 18 $ 13.56 $ 9.56 $ - $ - 29 $ 15.50 $ $ - $ - $ - ^6plit between projects Milealp CIDst $ 15.5D $ - Tiee altta.hed receipts HDWI, FDoli, Dther $ - Advances ,/ irOTA L $ 15.50 DirectDrs Ap 3n3ival l Votes A& :es 6ionature ,,,` Date Vehilch Milleage Lou HO 4DA Irundra Biliveraldo Beginning Date: August It6,12019 Date Odomister Readi ng Beginning Enlding Miles Traveled rpo not type n this Dox Durpose / Delscriptionrdtal Miles "Do tot" n this rox 8/26119 78777 78787 10.0 DeatllAaint 10.10 8126119 78787 78796 9.0 Air Mai it 19. D 8127119 78796 78808 12.0 kir Ma nt B LID 8128119 78808 78870 62.0 1 r awn Waint DID 8129119 78870 78943 73.0 1 r Dwnl3rMaint 166.D 8130119 78943 78963 20.0 Mat Ue iage 186.D 913119 78963 78995 _32.0 NrwwtpMainI ¢113.0 914119 78995 79012 17.0 kir Maht R315.D 915119 79012 79075 63.0 1 r mn BrMaint 2913.D 915119 79075 79080 5.0 bI sugar bnvl 303.0 916119 79080 79095 15.0 vehcleecpenue 13113.0 8126119 118660 118675 15.0 1 DeadlA emt 8313.0 8127119 118675 118696 21.0 Air Malnt 1354.0 8128/19 118696 118758 62.1 r mnlB Main t 14113.0 8129119 118758 118770 12.0 sweetmaint 428.0 8129119 118770 118783 13. D kessmaint 441.0 8130119 118783 118801 18. D Mat Mana pe 1459.0 8130119 118801 118813 12. D O Main i 471.0 913119 118813 118845 32. D cider IMint 506.0 914119 118845 118861 16.1 sweetmain I 619.0 915119 118861 118864 3.0 muginsmaint 522.0 915/19 118864 118870 6. D vehlc Is expense 5213.0 915119 118870 118884 14.0 Air Maint 542.0 915119 118884 118919 35.0 bwa-winslaw 577.0 916119 118919 118925 6. D Mat Manage 586.0 0 0 0 0 _ 0 0 Pies Unven I nnues A. DO 49.30 44.0 25.52 32.0 18.56 5.0 2.90 21.0 12.18 28.0 16.24 13.0 7.54 32.01 18.56 IVmCa vi ivci I IVIIIGJ ^ .... Total Travel Amt Sandi's Reimbusement =Dr use of TAC:)MA 338.1 nt 1 3.01 TDtalMilr tollal a -noun I ,low 1 35.01 20.30 1 1516 3.D I6 338.14 i tprikyww.ssmpleuwrls coin Vahi ae Milleage Log HO VDA Irundra B[Ilverado 13elgi n ning 1133b): Decem ber 2, It019 D13te Odometer R13ading 3leginning Enitling Miles Traveled **Do n this box not � Purpose / Descriptil� n Total Miles -Do Iwttype In this Dox 12/2/19 80191 80196 5.0 property B eadhorse 6.1) 12/3/19 80196 80206 10.0 property tleadhorse 15.13 12/4/19 80eD6 80273 617.0 VW N IN1131I inamt 82.0 12/5/19 80273 80289 16.0 mullets Mamt 91113.11) 12/6/19 80289 80329 11.0.0 material mn mt 1138.0 12/9/19 80329 80340 11.0 wwrmaint 11149.11) 12/10/19 80340 80365 25.0 property tleadhorse 1174.0 12/11/19 80365 80381 16.0 property tleadhorse 190.0 12/12/19 80381 80386 5.0 property tleadhorse MILD 12/13/19 80386 80401 15.0 property tleadhorse 12/2/19 120370 120377 F.0 I'onPart 217.11) 12/2/19 120377 120383 6.0 6 ientI AT t23.D 12/2/19 120383 120389 6.0 property tleadhorse _ 229.1D 12/3/19 120389 120395 6.0 Ind Dost 2131i.D 12/5119 120395 120420 25.0 mul ins lAwnt 260.D 12/6/19 120420 120446 I26.0 material mn mt 286.D 12/9/19 120446 120451 5.0 materiel mngmt 219 I .ID 12/10/19 120451 120460 9.0 property tleadhorse 1300.D 12/12/19 120460 120469 9.0 p2Rn tleadhorse 1309.D 12/12/19 120469 120492 23.0 matenal mn mt 13132.0 12/13/19 120492 120506 113.0 property Bendhorse 346.D 0 0 0 0 0 0 0 0 0 0 ect nes unven nes A .00 perty Dead 114.0 66.12 i trl b11zers maint 67.0 38.86 [ins maint 41.0 23.78 m mt 94.0 54.52 Maint 11.0 6.38 Part 7.0 4.06 ntMaint 6.0 3.48 cost 6.0 3.48 nes UnVell IV111t:b A AO Total Travel Amt IlalMik IDtal IamDunt 03136.1) I$ 121)D.13B 3andi's Reimbursement :Dr use DI' T 4COMA 200.7 hill .1 www. minplewordc.;om L"ISC-f Pry�...� A J TheHardware Stone 5t+r _2soco txso+ms -.� 8/2912019 9:1 R SBIPsman, Callas Invnj ce#884115f) Item Wumber Cleo-_ qty Unit 2rire Ext Price 0781 i j,yAnnA 14EnrIg1.69 95 n7 STIF L FUCIn1E nIL-2 6 07 n7AJ-Ij98051 i EAC191.92 $r97 =Tl1-I ENGINE pp A W)2 SUh-To1;al- $] i.C4 r!N Tax: 50.22 ro"tity Tax: SO 14 c=s'e Tea: $0 72 9 Total. $12. ] 2 )f) Beyment Tendered. CEFr-T CARD -- $12.12 Total Payment -- s] 2.12 Change Due: $100 T14P 1-fARDWARF 3TO ar 5LAI , r^_WNSLIP FAVF27Pw" r H. AR 72703 1479),d42-600 vi A• cs5 com 5-Yw-� V eus,"j-4.e ( UELCur1F }1r OCTAWF FUF1 XP{ IEI:� 1 n ee+. tz!0 f h 1f}ti LULLVO HILI ;.Efiiet+ 1'a} ri i 01-I C;iF i M ' Ti:tt}I LE Ah r "11 TIJIF :tL+T8It tiT%A I. i4Ii:t I "/ 611 L,f, 014 f?}1"'-2 Ittlly ULA 1,--!, }11 iitrt_r, : ' 6tIL1001', TP-1Ai '.i tjorn rHF Ct•F tt: 1.11 + 11F1- r1F "A,cAt, %<kf-p idti'A-on,:ruvl FARM FRS ;eePERATly� THANK Yntl FOR SWOPPTUG AT FYFS A (479) 521-4144 REMIT Tn: FARMFRS COOPERATTVF 20 BOX 164n, VAN BUREN AR 72Q67 n4/16/19 9:12AM TT 589 SAIF ---- 374r, 1 FA 6.25 FA SIRAW 6.25 368443 2 EA 9.025FA ON WHEAT PA6TLIRF Sn# 1B,n5 RIJR-TOTAL:$ 74,30 TAX; $ 62 TnTAI ; $ 2,d, 919 CHARGF AMT; 24.912 JRNL#E138R4 TNV#42300514 « __ CUST Nni347426 customer copy i Nana X JorHAn Fnrhis Acct: UATFRRUFn CONSERVATInN RFSnIIRP. FAYETTEVILLE FEED STORE 417 WEgT MLK BLVD FAYETTEVU •LE, AR 72701 WWW.TODAYgCOOP.COM PHONE: (479) 521-4144 IREMTM TO: RAvm 'RS COOPERATIVE 'O n=Y 1640. VAN -UREN AR 72957 CUSTA: 'A4742A TERMS: NET InTH PBGE NO i INV #; 423nnsi4 DATE 411til1Q TIME : Q:I'� CLERK: TT TERM458Q TAX : 4A FAYETTEVILLE COMPOSIT *************** * INVOICE ESCRIPTION UNITSI I PRICE/PER I EXTENSION 1 6.25 /EA 6.25 PASTURE SJi 9.025/EA 18.05 C eC4 (o 12,4 �afr� K/ as �jr (A)w T&94Z�/i 0 K . �1 R xj AMOUNT CHARGED TO STORE nrrpTTaT =- 24.92 TLYLAT-y 6.25 NON-TAXABT-F' 19.05 SUBTOTnT- 24.30 TAX AMOUNT x.62 x_x REV: 102.26 (J^_ -d=^ fi^_=b4s ) T T OUNT 94.92 PURCHASER CERTTFTFS UNDFR 12FNAI TV OF oFRJUOV TdAT dE IS ENGAGED IN FARMING no RANCdTNG AIVn TdF PRnDFRTV DURCdASFn, X TAX EXFMRT, WTI I RF 1 Ism npp V TN HTS ReceiveA p FARUTWG no RANCHING 02FRATTnNS, v FARMERS • • :002FRATIdE THANK YOU FOR SdnPPTNG AT FYFS 4 (479) 571-4144 RPUTT Tn: EARMERS CnnPERAIIVF Pn RnX 1640, VAN BUREN AR 72957 04/17/19 2:33PM MSK 587 SALE ---------------------------------------- 366443 2 FA 9,9n FA N WHFAT PAST[ IRF 5n# 19.00 19dq q FA A.25 FA STRAW 31.25 SUB -TOTAL:$ 50,25 TAX: $ 9,05 TnTAI : $ 53 , 3n CHARGF AMT: 53,'3n JRNL#F]4257 TNV#423035/4 z<== CUST NO:347426 Customer Copy J__� L�_IZA puma : X Sr.ARBROUGH. JESSE Acct: WATFRSHFn CnNSFRVATTON RFSOURC FAYETTEVILLE FEED STORE LIV711 DBGF NO 1 417 WEST MT,K BLVD � FAYETTEVILLE, AR 72701 n WWW.TODAYSCOOP.COM /A- t PHONE: (479) 521-4144 r REMIT Tn. fiARMEcRS COOgrunTT••W[1 (Z,r,P,i: D n_nx 164n, VAN BUREN AR 7'7057 AV. NLI/f? CUST4: 34742A INV 4: 493035/4 TERMS: NET 10TH DATE : 4/17/T9 TIME : 2:'14 CLERK: MSK TERM#587 TAX : 4A FAYETTEVILLE COMPOSIT INVOICE 1 *************** ESCRIPTION I UNITSI I PRICE/PER I EXTENSION PASTURE 50# 2 1 1 a•sn fan ia,nn 5 6•,)S /cn -41.')S ** AMOUNT CHARGE'^_ m_ STORE nrrprnax ** 5-4. -An TAVA=T.V_ 31.25 NON-TAXABLE 19.00 SUBTOTAL Fn.2F TAX AMOUNT 1.09; TOT WT: (SCARBROUGH, JESSE) TOTAL AMOUNT F-4.30 PURCHASER CERTIFIES UNDER PENALTY OF QPPJ JRV THAT dF IS GWC,Af ECl TW EARmTWG C)R RAUrLITUG AWn TLIF eRC)eFRTV E)UPCdASFn, TAX FXFMPT, WTI I RF USFp QN1 V TN HTSA a FARMING OR RANCHING OPERATIONS. Y AI! Lori Linn From: Matthew Van Eps Sent: Tuesday. March 12. 2019 4:55 PM To: I ori Linn Subjeci: Jo,- damp±ou Can you please issue a check for Joe Hampton in the Amount of $640. The invoice number is 034185. 1,280 Wedge Stakes — Billed to WWTP — Maint (Supplies) I have another check of Joe's checks on my desk. I gave him the option of mail or pickup. He is going to pickup on Thursday. He will call me before picking up. Thanks, Matt r. SOLD TO cuIP Tn AnnREss rin, STGTF, 712 - — - -- — ADDRESS CITY, STATE, ZIP 76 � i cUc2nUrn nnnrn yn, snLD BY JTIPMR F.n,R, DATE ORDERED SHIPPED DESCRIPTInbl PRICE UNIT Am LINT 1 5 �/-£."7( 3,lx 7-7 ") - t k) - � I � 44 ?eg gni DTn ' cHIRTO AnnaFgc v ADDRESS CITY. .1; ATF, 7IP / CIS, STATE. ZIP CUSTOMFR OBOER Npt cni n BY ' TFRM-q RO B. nATF ORDERED SHIPPED DESCRIPTION PRICE UNIT AOG^UNT 8945 r 8945 r F Ant ::oni�FRAYI'V1 THANK Ynll FnR SN022ING qI FYFS 4 (479) 521-Q144 RFh1II TO: FARMIRS Cnn2EpATT\IE pn RDX 1640, VAN RUREN A58q 29S7 I F OR/28/1q 8:109ta TT ------------------- 13,n 39.00 n FA S 1164011 -- iHFATA�o# FAGI F BUryMONRTFR Rl sIIR-TnTAL:$ 39 nn TAX: $ 9,R1 TOT AI ; $ CHARGE AMT: 42,81 -__» .►RNL F101Rn TNV#4726114/4 CUST NO;1470F, CustnmPr COPY FAYETTEVILLE FEED RTORE 417 WEST MLK BLVD FAYETTEVILLE, AR 72701 WWW.TODAYSCOOP.COM PHONE: (479) 521-4144 TG: RARMERS rOORrnamlVE 1r,4n, Imm ETTvru 'D 7295-7 LIST#: '�4742r �CRMS: NET 10TH Hama. ; X------�—_.-----------'� SCARRR011RH, AME ATTDN RF5011Rr Acct: llAIFRSHEn CONSFRV PAGE NO `J 1 - 4(,, vT ca �!1 1 NL _ Kvf, ThTv #: 4)')6x4/4 QnTF Z/2R/1Q TTML' 8:30 CLERK: TT T7PM#I,aa TAX : 4A FAYETTEVILLE COMPOSTT *************** * INVOICE *************** *` AMOUNT CHARGED TO STORE ACCOUNT-` 42.81 TAXABLE 39.00 NON-TAXABLE 0.00 SUBTOTAL 39.00 TAX AMOUNT 3.81 MOT WT: .00 (SCARBROUGH. JESSEI TOTAL AMOUNT 42.81 PUPC.HASFR CFRTTFTFS UWL)FR PFNAI TV QF oER]URY THAT HF TS FNGAGFn TU FAPMTNG OR RANCHTWI23 AND THE PROPERTY PURCHASED, TAX FXFbdQT, MITI I RF VSm nWi V TNI UTs FARMING OR RANCIJTp1G Qj2FRATTnNS, Received By Leri Linn From: nnatthelA, Van Eps Sent: Thursday, April ]R. 9C]9 ]:91 PM To: Lori Linn Subject: Check for Joe Hampton Could you please -t a check for Mr. Hampton in the amount f$500 Invoice dumber 9,)n7A:% 100018" Wedge gtakec Code to WVdTR Repair. Mr. Hampton will he girkins up this afternoon. Thanks. Matt 44 4%1160111 WeTFRcbcn rnpKFRVATInb1 RESOURCE CENTER Matthew A. Van Ens. QE Assoaate Qlrector N/a rjep=@-ate,shedconservation.ora Watershed CppcervatlO0 ReS Urre Center 38n JU. Qnrl, qt, FavertPx ilia, AR :Z')7n1 I tel: sni 3s)2)94 Ea-: 9283962546 Re -Vegetation Materials Transfer from Watershed Conservation Resource CEFjler Inventory - $1,399.25 Rock i ran.,fer from Watershed Conservation Reaoarce Center Inventory - $800.00 Erosion control Materials Transfer from Watershed Conservation Resource Center I,,ventury - Plast., and Bare Root i aiesfer from Watershed Conservation Resource Center Inventory - $3,203.40 i Total from WCRC Inventory - $9,455194 t7k� G AI /�ls Vat w w� P ��C-�• A �s( T FC R(1(;FRS, INC Excavating & Material 'A 151 Ed Edwards Rd. Fayettteville. AR. 7170-1 Bill To Watershed Conservation Resource Center 380 W. Rock Street Fayetteville, AR 72701 F: MATT. 479-441-9130 Fax 479-442-8033 lesrogerq;n,.@hoimai I.com -Aoh dame 1500 Fox Hunter Sewer Plant Richard 445-5690 INVOICE n:;ta Invnice # 'A/7i'2n19 6363. Terms Due Date Net 30 4/6/2019 Date TirkPt # CJua,,. Item Rate nesrription Amount 3-5-19 R Tlnscre... 200.00 1Inscreened Topsoil 1,600,00 3-6-19 2 1lnscre... 200.00 1lnscreened Topsoil 400.00 Intal\` K�r � Tntal g7 nnn nn Balance Due $2,000-00 Invoice Date Invoice # d;'1Qr')n1Q 'A1no Divis;on o£Riocon Services Inc. 1 Knuth 71 NighWay Belton MO 64012 Bili To Chip Tn Watercherl Cpnyervatinn Recpiiree Center 380 W Rock Street Fayetteville. AR 7,77n1 e,(l, WUMher Termc Rep ChiD Via Qrdared RV BrQjeCt Net 30 pp drI92M19 le -5 Quantity Description Price Each Amount I ! rnP—x-r 17_$_S2 17_mth CRE Plant Tahiets (Case M11) Rs,nn Ra nnT 1 Deliver}Charge- 35,00 35,00 Qalgc Tac (Raltnn_ C—c C.--ty NA; --r;) Q,d750o R,nS &— . AAy6- I•. alTP - Total 4tI U n5 We thank you for your continue business. Payments/Credits gn,nn Balance Due $18,05 MNEIELD SOLUTIONS SDA - _.5"WI R ST SPRINGDALE, AR 72762 0514 2019 09:2110 CREDIT CARD VISA SALE Cald 9 XXXXXXXXYXXX4543 Chp Card: CHASE VISA All). A000000O031010 ATC: MAR ARQC- R102)7rF123162FB SES #: 4 bib �: 841 INVOICE 4 VXnv2I rode: 00195G -my Meftd: Chip Read lode: Issuer ra ( Amort; $0.00 ;hE AMOUNT $117,1 CUSTOMER COPY Additional IostructlooR: m/w i DELIVERY IICKFI / INVQICF WINFIELD SOLUTIONS, LLC 479-751-4420 gage: 1 of 2 Date & Time: 05/i d/] 2 92AA-R Invoice Nbr aa]OiadR RI Invoice Date n51i d/19 Order plhr d7naoi87 G$ Chigmeot wumher sy]OT Regunat note Or,/i4119 Rales Bao Herbicidea or Insecticldes r`arrier M_n_T 1420481 R02001 101 Freight Term Cell CUSTC)MFR ARRANr-�FD i L- - - — — IELD SOLUTIONS L' P S77.e0d7A1;0 nM r_uFM=RFn 800-d2d-91400 Cpintomer f!ootract a (%rp12Ja7ag, wn SAMPLE OF ANY Kid^_ 'LE-1:DFRmixTPn Tn TQeVEi RV AIR, THELE PBnnURTC ARE AUTWnR17En EnR HFEinLJRCF CFNTFR I Ship TO: A66464A WATERSHFn CnNSERVATlf)N RESnUBCE CENTER 3A0 W RUCK ST FAYETTEVILLE AR 72701-5951 479-444-1916 - H Item Lot NumherQuantity f` uctomar Rn necrrintinn Ordered Fxteodpd Pricy Line Weight Price Per Unit ile Nhr Location – – - --- - _ UOM Shipped (LB) -- — ( igpj__AUSr1)_ - -- 1011 4-'418 R09001 101 RENOVATE 3 6X1 OT 1.0000 OT 56.66 56.6600 2.40 sy]OT NMFC: 155050, SUB 4 UFCC: 70 NMFC Descriptino: Pesticides=, Including Defoliants, Fuogleldes, Herbicidea or Insecticldes Product In subjart to PPG Ret -13 Policy. 1420481 R02001 101 WU MYSTIC HC 1G 1.0000 JU 50.00 50.0000 10.35 4X1 .2500 CASES NMFC: 149980, SUB 6 UFCC: 55 NMFC Description: Palet and related material Produrt is subject to PPG Return Palley. Grocc Weight: 19.75 Grocc Wt Oflja7ardeus Material Gross Weight of Ballet payment loatrument: 2 CeFnIT rAen Sales TeX 10.40 TgrM-q: 2AVbdENT nhI IFI 1VFRV Tay Rate: 9.75 % Invoice Total 117.06 Net nue Date: 05/J 4119 Due ucn _ _ _ _ _ Invoice Amount Due by 05/14/19. Payments not received by the du_ dote are subject In —Amount on 1 ROL annual finance charge. ;25 .4( 7. 0�_ iA06: a 3 a 12 CUSTOMER 4VINFIELD SOI UTIONS SDA ;107. 583 SKY1 ER ST SPLTNGI)ALE, AR 2)7A2 0517 2019 --��' 12;56;+6 5G CREDrr CARD A VISA SA ' Caid a XXYYYDONE00 Ch n Card CAPIT AID 000000031010 AIC; 0004 ARQC• 1B8717BF0I35B67F3 SES #: 10 Basch ;#; 844 IN'/DICE 10 Anova' w 09+033 Enry Mcd,od. Chip RFad Mode. Iss1jer Ta l Amount: to n0 ShE AMOUNT $284,69 CUSTOMER COPY Additional Instructions: DELIVFRY TICKET / jhjVnICE WINFIELD SOLUTIONS, LLC 479-751-4420 Page: 1 of 2 Date & Time: 05117/19 125714 Invoice Nbr 63114994 RI Invoice Date n5/] 7/19 order dbr d7i88046 S$ Rh1omeot dumber Bngun-t net- 05ij7ij2 Rales Sap rArrier MnT Freight Term C -2U C..URTnUFR ARRANGED E1 n Rn1 UTinhiR 1 1 r_ AZ7.d9d-7d99 nD CHEMTREC 800-424-9300 Customer Contract # CCN21R78R, yn Am121 F nE AWY I[lpin AaF org2l lzzFn TTO TRAVEL BY AIR. THESE PRODUCTS ARE AUTdr)Bi7Fn FnB _ I i Ship TO: RRRdRdR ESOURCE OENTER WATFBRHFn f_nWS;=BVATInW 2PRnt1Df_F f-9w1=R 3Rn W R_AC_K ST FAYFTTFVILLF OR 7970]-5951 479-444-1Q16 H Item Lot Number nuAr+tity nrderad Extended Price q .e Weight Cup -tamer Dn necrr12tln_n Price Per Unit M Nbr Location Un�G Shipped (1 R) --- - - — - — [USD) USD} -- 10136572 RENOVATE 3 AGENCY 2.5G 1.0000 JU 252."0 259.4000 25.26 2X2 r -G .5000 CASES NMFC: 155050, SUB 4 UFCC: 70 NMFC Description: Panticiden, iorludiog Defoliants, Falogicidas, Herbicide= nr lanec/lcid==- ALL PRODUCTS LISTED ON THIS INvpin= aci QWG Tp ecppp AmQ ARr- DEING HANDLED BY US. NO RIGHT OF RETURN. Gross Weight: n•_AQ Wt of Hazardous Ill r:racp Weight nr DMI.t Payment Instrument: ? r_13FnIT CARn Rales Tnv Terms: PAYbAFNT nd nFi IVFgY Tav Bat: 9.7r, % low_ine TOM Net Due Date: 05/17/19 Amn_uot nue Inu_ire A_n_uo± nue by 05/17/19. Payments not received by the due date are suhject to an 181 annual fioRare rhnrge, 5&.q `f ;107. Wuxr'P 5G A 5(o .94 56 .9 3 AO as "1 Aj- . /A0�? 25.26 9F 9Q ?Rd,r9 uRn c V ' WINFIELD S01 � If IDIS SDA � I t aa 583 SI(YI ER ST . I AD 1270 nELIVERY TICKET / INVOICE 09 09 2019 09-00.31 WINFII=LD -qOLUTIONS, LLC CREQTT rAQD l VISA SALE 479-751-4420 { Page: 1 of 2 Date A Time: 09/09/19 9ni ra Ca d WXXXX,'T 0X4541 Invoice Nhr 6342naa9 al Ch; Card CHASE VISA invoice Date 09/no/1 Q I Order Nhr 5276naJ-6 q$ AID AOOOOO00031011-1 Shipment Number SES, ? Bequest Date n01091i9 Ra rh ;, Q21 Sales Sep Carrier IWOICE MOT Apro,al Cn iP �1110ii ` Freight Term caU C..UgTnuF:S ARRANr;FD En i y_ I+IeHTod Cho Read Wde. Issue, Tal Amount $000 JFLD SOLUTIONS LLC 877-a0e-7n5' ng rHFMTRFC Ano -424-9300 Customer Contrnct H nrd9167�6. Nn �AMRLE OF ANY KIND ARF oF131101=13 Tn IRAVFL RY AIB. THESE PRODUCTS As- eUTdnwZFn FnR . QE AMOUNT Shio In: 866aAa6 FcnI IRCF r F=NTFR 1pLeIFRCHFD rnh1RFRVATInN RESOURCE CENTER I San w anrtc qT CUSTOMER COPY EeYFTTFVII I F AR 727n1-5951 479-444-3916 nelivarV loatructions. Additional Instruction-: H Item Lot Number r1uet^mgr Rn Q- ntlty nrdExtended Rric- erad ti io^_^_ Price Par unit Line Weight M Nbr Location /Foe d��_1,pr DescrUOM ghianad (Uqn) (Ugnj unit(LB) 1409198 F05006 101 w11 lWvcnc SPI BLUE 2.5G 1.0000 JU f!'4.75 83.7500 21.51 [EXEMPT] 2X2.5G •5000 CASES NMFC: 149980. SUB 2 UFCC: 9'.5 N"_"ce Oe-^-ription: P-iot --d ralated material Produ^t !!R -uhj-^* to PPG Ratum Policy. Gross Weight: 21.51 Gross Wt of Hazardaue Material Gross Weight of P,11 -t Raymen_t Instrument: ? CREDIT CARD Sales Tax 8.17 Terms: 2AYMFNT ON DELIVERY Tar Pate: 9-7r Invoice Total 91.92 USD Net nue Date: 09/09/19 Amount Due _ - Invoice Amount nue by 091091/19. Rnvmeotq oat received hV the due date are subject tn_ a_ 18% nopUnl {'ionone charge. 1 L n sT. L - 9� �57n A:��c-� - ,gq �'i F ,I IIIFIELCI Su,UTIofJS qQA -_. §IS LER ST Gi'�AtE, ak 12142 0512 209 Cad4 Chu Card AII1 SES Baxh IN10ICE A )`royal Code Fn I y f4diod Kde Tci, Amount CREDJT CARD 08:48:4.1 VISA SALE "XXXXXXXXX4441 CdAsE VISj A00000000310111 .1 92.1 1 0546PI d �- DELIVFRV TICKFT / INVOICE WINFIELD SOLUTIONS, LLC A79 -751-442n Pages: Date & Time: Invnice Nhr Invoice Date Order Nhr Shipment Number Request Date Sales Ren_ Carrier MOT creiaht T.rm 1 of P 09/12/ j 9 84414 6R42RR59 RI n9/j2/19 52948545 S$ 09/12/19 CPU CUSTOMER ARRANGED CIPRal F ISSIIe t n cni IiTlnNc I i r_ 877.e2e.7452 OR CHEMTREC ROn-424.9300 Customer Contract # CrN2J6716. Nn ,_0011 AMM' F OF ANY KINn ARE OPRUIT--IED TO TRAVEL BY AIR. THFSF 2RnnLIrTC ARF AiJTMnRI7Fn FnR SQF AMOUNT %li CUSTOhIER COPY M M OpliwarV In-Qtructi=ns: Additional Instructiooa: EcnUnr-P r_GNTER chin To: Aa84646 wATFRedFn CnNSERVATION RESOURCE CENTER 380 M1 gncic ST FAYETTI:V11 I F AR 72701-5951 470 -AAA -1916 I W Item Lot Number Customer en m dhr Location / FpA Nun�her Description nuantity nrefered EYtaoded Price Price Line Weight per Ilnit L1npG Shipped (USDI (_usn) (LB) 1516621 ROUNDUP CUSTOM 2-5r 9.0090 Ail 56.05 56.0500 26.67 E2"-343 2X2.5G SEE ITEM 1693352 .5000 CASES NMFC: 155050, SUB 4 UFCC: 70 NMFC 02-ription: Pesticides. including Defoliants, Fvogirides, Herbicides or Inee^-*'cides Product is subject to PPG Return P -11,y. Gross Weight: 2R,az Gross Wt of Hazardoun Material Payment instrument: ? r.RFn_IT rean R -las Weight of Pallet _S 5.dF Terms: eAYMFNT n ULFRY N nm _ Tax Rate: Q.75 �o I^•r^icTotal e T 61.51 Net Due Date: 09/j2/19 Amount Due . USD l0v^ico Amount Due by n9/j2/i9. L'aymero not received hV the due date are suhjact tn an 1 ROo annual fl0aoce char e J AS P = �� 3`8' • s7 t..w� k a� A I a 0 n Invoice ' � • � �. �� date Invoice � • nivision of Rioron 2019 3417 cervices Inc. 16245 South 71 Highway Relton MO A4012 Bill Tan ship T_ W'nterche'I CaO;ervat"' Resmiree Cv�tec - - 18n IA' Rack Street Fa)ette.ille. eu 72701 P.O. Numher Terms Pee Ship p Via Ordered By Project EQuantity met 30 PR 6/3/2019 (:rej snn Description 1=rice Each Amount 152 152 2y7ys D..P Celt plug (CARDINAL ei r1WER) 76 7y7vs Deep Cell plue (SWAMP Mit irWEEn 1 'S 14n,nnT ) 1 n2livery Charge 1.25 9_S.tlnj Sales Tav (RAlton. Cncc C=urtN. Mil q,auri) l(Kon n5.00 9,d7s4o 27.nn loq.Z l o4 - i, L sc- - 6-sJLJ 104. Teta We thank you for your continued ed 1=.00 husiness. Paywa nts/Creditc $n nn Balance Due $1700 Delivery Instructions: Additional !n-troictin-12a: W IteR+ Lot dumber Customer P9 nlla0Extended tity Ordered Price I inn weight rL t G i 3V -� 0 r-0) P CA S' -tp- I V14p V, C."YX C -e-- 1 WINFIELD SOLUTIONS sDA "-MSKYLER _ - ----- _ (US-) 1 ! . �-� 40- Aa 6l-% -. ST 57.9750 2!!.=7 1� I • �� Zo 7n A SPRINr,DALE,AR72762 pl111cc:155050. SUB 4 UFCC: 70 NMFC Description: Pesticides, Including Defoliaots, Fungicides, Herbicides or losec*icides nFLIVFRY TICKET l INVOICE 714 12122019 IaaSAR WINFLF.i.D SOLUTIONS, LLC r r CREDU CARD 62719-37-67690 2X2.5G .5000 CASES 479-751-4420 NMFC: 155080. SUB 4 LIGce:70 pinece nee^-rip*jon: Pesticides, including Defoliaots. Fungleldas, Herbicides or Insecticides ���`_ Dago; 1-ZA yy 4- :0 a D L I [ A S VISA dp AIcdT nc OPTucd, 10114810 REMFDv ULTRA 1G _ 1.0000 JU 59.00 59.0000 10.00 • _ . NMFC: 155050, SUB d Llcee: 7n ypdce __scrip*ion: Pesticides, including Defoliants, Fungicides. Herbicides or Insecticides 10133483 F08010 101 WU NOBLE 2.5G 9 ^n_00 ju 39.08 nate R Time: 19/ j 7/1 Q j Al 6d7 Card # XXXXXXX) UX4543 21oo1 RI 6 �LZ 625'/1 rho Card: CHASE VISA 66607409 R02003 101 = TINGES R 1 OT 1.0000 OT 1?2.50 ]?7.s000 2.1a q6 IInvoice o oice nbr qte AID: A0000000031010 dMc'n: 95505^_. SUP 10 UFCC: 77.5 NMFC Descrigtion: Pesticides, Including Defoliaots, Fungicides. Herbicides nr Insecticides order pihr FAq1F7F.r, G$ i shipment dumhor SFO #, 7 Reguest Date i 2/12/1 a Ratrh #: 630 Rales Rep iNVOICF 7 Carrier MOT Approval Code 05252G ` Freight Term Cell CUSTnpdFR ARRANr;FD Enty Method rho Read Mode; Issuer IaX Amnimt, $0,00 IELD SOLUTIONS LLC 877-424-7452 OB f'HFMTBFr_ 8n0-42a-Qann rustnmer Contract.* Crm2:16736. NO SAMPLE OF ANY KIND ARE PFBMITTFn Tn TBAVFI BY AIR, TLIFCF egnnue-Ts ARP AVTdnoj7=n Enn SALE AMOUNT $606.22 -__-- Ship To: 8664646 =cnURr.F r.F=NTFR WATERSHED CONSERVATION BF-%0UBCF C:FWTFB CUSTOMER COPY 380 W BOCK ST FAYETTEVILLE AB 72701-5951 -- - 479-444-1916 Delivery Instructions: Additional !n-troictin-12a: W IteR+ Lot dumber Customer P9 nlla0Extended tity Ordered Price I inn weight neacriptiou Price M Nlhr Location / EPA Number UOM Shipped Per Unit (I Rj _ - ----- _ (US-) (USDA 1693352 S01001 101 B ROUNDUP CUSTOM 2.5G 1.oano JU a7.1a 57.9750 2!!.=7 524-343 2}[2.55 USE UP 1516821 ST pl111cc:155050. SUB 4 UFCC: 70 NMFC Description: Pesticides, Including Defoliaots, Fungicides, Herbicides or losec*icides Product Is subject to PPG Return Policy. 101145572 120200] 909 RENOVATE 3 AGENCY 2.5G 1.0000 JU 264.60 264.6000 25.26 62719-37-67690 2X2.5G .5000 CASES NMFC: 155080. SUB 4 LIGce:70 pinece nee^-rip*jon: Pesticides, including Defoliaots. Fungleldas, Herbicides or Insecticides ALL PRODUCTS LISTED ON THIS INVOICE BELONG TO SEPRO AND ARE BEING Hsd^_1 GD BY uc, dp AIcdT nc OPTucd, 10114810 REMFDv ULTRA 1G _ 1.0000 JU 59.00 59.0000 10.00 62719-552 4X1 G .2500 CASES NMFC: 155050, SUB d Llcee: 7n ypdce __scrip*ion: Pesticides, including Defoliants, Fungicides. Herbicides or Insecticides 10133483 F08010 101 WU NOBLE 2.5G 9 ^n_00 ju 39.08 39.0765 20.06 WA REG NO 9?89- .5000 CASES 21oo1 NMFC: 42652 UFCC: 60 NMFC Dascrip*ion: Adheaiues. Adjuu n*a-. Speendwn n_r _Q*i^_kers, sprayable, dry or liquid 66607409 R02003 101 = TINGES R 1 OT 1.0000 OT 1?2.50 ]?7.s000 2.1a 62719-73 12X10T ART2 CASES dMc'n: 95505^_. SUP 10 UFCC: 77.5 NMFC Descrigtion: Pesticides, Including Defoliaots, Fungicides. Herbicides nr Insecticides 4lF L C 0 I -1F uum P G^ Lill 799 l'1 1-tartin 1 uthel' F.uet*eville AR 770-1 U79-1195- 1R2A 7e.m: Inasio9©-IRAW A2Pt--U29G eeq#. Gio1 nIFCF, ni plimp Nn_ 15.OR7 ,AL $q.RgQ ERIrF/G $LR.2li TOTAL FUEL $ .43.7la TnTAL '-ALF 111r,/209 8:=;h:17 AM rapt"re u;sa '-Vliped 031i1;12019 oR:3h:A8 I a,,ee *n- P'g the aboue T- *al Amount annord"9 *n Ca" p --- amPnt - o v . &%V Font WEA COr1E F-7 Mart 14320 Kum P no 1000530006 413 1540 F JUII ST 729 W aartin I --cher FAVFTTFVTI LE AR 22101 Fayetteuilie AR d29-575-6576 727oi (DUD ICATE RECFIpT) h29-645-1323 ------------------ Term: JD©5J2gQi8©©j 4/JV2nlg 10;38;54 AM °ppr": 0h515G Seq#: MAK21 Register: 100 Trai meq No 9A486 DIESEI Store No: d32n rashiar: Ir.R PUMP do . cj Fuel Sale GAL 30. 007 RRICE/G $2.999 Pumm# 2 nSLI V TOTAL FUN $$e.e9 Z. DnR ral Ions .J $2. Rag/Gal $20, 32 TOT9I SALF S8e.92 ----- ---- Suh. Total: 4/10/2079 8:hJ:39 AM Tax` $n. nn CaQ±ure To+al: $_fin. aZ Discount Total: $n. n0 Uisa XXXXXXXXxxxxh543 Credit: $ rn Swiped Change: 10I+/7 01/20-19 22:37:32 WX xxxx xxxx 4fid 4 VISA I agree to pay the S-wiPed above To*al Am -aunt AppROVED according to card ARTH A 052658 Issuer Agreement. INV # 59096R V- N 6n eh IL W Z a S t 0 a U_ fY 0 IL O Q N W W 0 w v n U) W Ix n H Q DC W an it QF -51i nTF CUSTOMER # 1 SALES RF2 2891334 BLAKE CURTTS ORDERED RY nEISVEREn RY SIGNED BY rl nSFn_ Ry YANCEY CHAPMAN HGDC ADOBE RnRFRT C, RARNTCA JOB # SITE 1 - WATERSHED_ ]OR TY F uTPMFLjT # IHRS/MINIMUMI HOUR I n_Av I WFFfC a WEEII AMOUNT 1 rntd2ArTTRACK I nAI)FR 24n0-27991 R RneS 8/320.00 S'4,33 37n,nn AlA.nn 1017,00 320.00 TC3t: RQQ112Rfd CAT/Clacc: 2nnl46n Make: TAICEI ICdT model: TI 1 nR Si -r 3t: 2n1 nn31 Qd Einurc Free: 8 40 176 LIP r)UT: 235,nnn LIP IW: Qdn,Snn TnTAI • S,Snn EQFF• R nnn EYCESC• n Wvj-rf, *Ri99ecr hUrLet —e have- Aa oRpgERTY TAX RECOVERY FEE 2217999900 S� :,� S G{ �- a,nn_ CAI Ec IMEMS: QTY ITEMS nz . jqg UdTT PPTCE Amnud2 1 CLEAUIUG FA 7S,nn 7s,nn 3740000001 CLEAUTUC, SERVICE FEE - REVFNU Dant let the pact nffice claw yan down! Reeeive yanr invnices via email. O Switch to receive yniir invoice-, via emaij cnntart htadmin@hPrnrPntajS.COm THIS INVOICE IS SUBJECT TO THE TERMS Adn CndnTTTndc n_E IyE RFdIAI ACREEMENZ Original Ad'ucf-meo* Total Qr-NTAI CHARGFc 320.00 320.00 SHIP TO: RENTED FROM: EAYETTEuILLE WASTEWATER HERC RENTALS 438 nTWER rHARGFC 29,00 29.00 1500 N FOXHUNTER RD 4264 WAGOU WHFFI ROAD IIELTXLFRY/DICK UP 170.00 170.00 FAYETTEVILLE. AR 72701 SeRTNGnAI F, AR 72767 TAYARLE CHARGES 515.00 515,00 2H:479-750-3313 TAX 53.42 53,42 TOTAL CHARGES 572.42 572,42 RFNTAI 8QURS: S,Rn TbjvnTCF FRnbd: 7/27/1Q Q•n1 TUvnTCFTn: ?/77/19 1d•AA RFUTAI START nATE• 7/72/1a 9:L10' LATE CHARGES MAY APPLY CUSTOMER #:2891334 RES/QUOTE #: INVOICE #: 30596372-001 INVOICE DATE: 01/01/11219 H RPnta1STM 27500 Riverview Cen'er alvd Suite 100 Bnoita Springq, FL 34134 Foe co--pondeo�e ooly (no payments) BTI I Tn! av,W.G 7161 MB 0.428 E0267X 1038n n4EA20222en S2 P6252728 0001:0001 ` WATERSHED CONSERVATION RESOURC �. 380 W ROCK ST FAYETTEVILLE AR 72701-5951 FINAL INVOICE INvnICE dn. INVOICE DATE 30571714-nn7 n3/77/7n10 INVOICE AMOUNT CURRFNCY $ 27.44 USD CVeTnMFR Win• TERMS 7891334 nue Ueoo q ACH PAYMENT Beneficiary's Bank: RTd/ABA3t: Acetg: Renefiriary E Name: Wells Fargn 1 71 nnn74R 471717781;U Warr ReRrals CHECK PAYMENT nN1 ThIF PAYMFWT jjERC REjy2Al C R n RoV 936257 Atlanta. GA 31193 " PR/ACQdiRQI oy`—'en: Rentals -- r 12AV Ry DdnNE UESTIONS: 877-953-8778 AMLIUN= ENCI OSED• To eneure arrurate and timely pn_cflog, def-a=h mod -end top portion with your payment — — — — — — — — — — — — — — — — — — — — — — — — — — - PO # RFS 11QTF # CII ICTnMFR it SALES REP 57n459AR 7RQ1143A BLAKE CURTIS ORDERED BY DFI TVFRF_n RY STGjvEn RV CLOSED BY YANCEY CHAeMAN WFRC AnOBE KEITH L. RUCKFR 3n_R � crrF 1 _ X&ATFRCkjEn JOB TY F UT2MFNT E IHRS/MINIMUMIHOUR I DAY I W—FF K 4 WFFI[ I A1Yr)l]KIT 1 bdTWT-FYCA\/ATnR 1 Annn-1 gn00 LBS DSL CAB 8/438.00 73.00 43R,nn 11 nn,nn 7R7S,nn jy/C rr—g: $nn11177F. CA=/Class: 2401710 m -4e: TAKEUCHI Model: TB280FRCR Ser It: 17RSnn470 Hours Free: R An 176 HR OUT: 938.400 HR IN: 1003.1nn TOTAI : 64,7nn FREE: 184.000 FXCFSS: n HRS CHr;: R,1AR N/C AR PROPERTY TAX RFCOVFRY FFF 771 79999nn N/C SALES ITEMS: QTY ITEMS UNIT PRICE AMOUNT 1 CI FANTNG EA 75,nn 75,nn_ 374nnnnnnl CI FANTWG SFRVTCF EEE - RFVFWU Won't let the post office slow you down! Receiveyonr invnicPc via email= n twitch to receive your invoices via email contact htadrnin@hercrPntalc•cnm rdlc INunICE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE RFblTAL AGRFFMFN= nri ioal Ad uctmeot Tnntal SHIP TO: RENTED FROM: OTHFR CHARGFS s. Fn- 7s, nn FAYFTTFVTI I F WASTFWATFR WFRC RFWTAl C A -AA TAMARI F CHARGFS 75,n_n_ 75,00 1 Snn N FnYWUNTFR Pr) A7F.g WAGnjy WHEEL ROAn TAY 7,AA 2.44 FAVM7F%/TI I F, AR I77n1 SPRINGDALE. AR 72762 TnTAI CHARGFc 77,44 27.44 PH: 479-750-3313 INVOICE FROM: 3/16/19 8:01 INVOICE TO: 3/16/19 R:nn RENTAL START DATE: 7/14/19 R:nn i ArE CUA D GE$ Me Y APPLY CUSTOMER #: 2891334 RFS/OI IDTF A:5'IOa5968 INVOICE #: 30571214-002 INVOICE INVOICE DATE: 03/22/2019 0001:n00I CJI i 1�1. J qI 4 I q -rL Aw-4- x,i /2i' .7 2' g- 1 of 1 HprcP n triI STM 27500 O'u9-19w re_.,fe_c EN&JMYO Suite 100 i� ^` Bnoita Springs, FL 34134A1 / v� (1 l(Z �(� 5 = n�'J�/ For o-espoadeace only (on paymants) RTI 1 TO: 1401 SP 0.500 E0140Y 10186 D462AannAg) c') PATIA1 GA 0001:0001 WATERSHFn CONSERVATION RESOURC 380 W ROCK ST FAYETTEVILLE AR 72701-5951 RENIAII INUMCE TNVOTCE NO. TmVnTr. E nAME 30571214-001 n3/1r,/2n19 INVOICE AMOUNT CURRENCY 3dQQ,R7 USD CUSTOMER Nn, IERmC 2891334 Due Upoo Rereipt ACH PAYMENT Sene£iciarY's Bank: Wells Fargo RTNLABA#: 12100024R Acct#: 4217177R69 Beneficiary's Name: Herc Reotalc CHECK PAYMENT ONLINE PAYMENT HFRC RFNTAI 4 wastewater. PRtIA&CONTROL e,n, Roy 936257 Atlanta, GA 31 1934 THTS TNVnTCE Tc SUR3FrT Tn INE TFDMc AND r nNn=ndc nE IIdF DENTAL AGREEMENT By Hem Rentals Original Adjustment Total w w, PAY BY PHn_NE VESTTn_NS: 877-9S3-8778 AMnUNT FNCI nSEn• OTHER CHARGES 120.94 To ensure arrurate and timely posting, detarh and sand top partin_n with yn_ur payment — — — — — — — — — — — — — — — — — — — — — — — — — — — — PO # RES/QUOTE 4t r(fSTnMF_R #_ 4Al FC RED_ 52045968 2R91334 RI Akr- CI,IDTIS ORDERED BY DFLIVFRFD BY GTGWFn_ RY Cl OSE^ BY YANCEY CHARMAN AnnRF AOR dk/rrrF 1 - WATFRSHFn ]nR TY F I IT12MFNT it IMDC MIWTMQM HnuD -AY WEEK 4 WEEK AMOUNT 1 MINT-FXCAVATnD 1Annn-1clnnn I Rc nsi rAR R/ 438.00 73.00 438.00 1100,00 2R75,nn 2R75,nn -- TC#: Rnn1 1 1 22F CAT/CIa«: ?Ani 21 n Malt".. TAa<FUCHI MadM: TR')80FRCR Ser #: 178500420 HD r)UT: 93R.d0 HR IN: HR CHG: AD DDOPERTY TAX RECOVERY FEE 2217999900 35,0d CAI EC I=EMS: QTY ITEMS UNTT I20ICE AmnLlwx 1 FREIGHT (OTHER) FA Rs,nn 85.00 3709000001 - RFVFpIIIF Move from r+reenlaori to Fayetteville wastewater. Dan It lPt the pprat office slow you down! Receive your invoices via email. O switch to receive yL)nr 1nvnlcP.0 via P.17151i1 nontact btadmin(-Dhercrentals.com THTS TNVnTCE Tc SUR3FrT Tn INE TFDMc AND r nNn=ndc nE IIdF DENTAL AGREEMENT Original Adjustment Total SHIP TO: RENTED FROM! DENTAL CHARGES 2875.00 2R75,00 FAYEaEUIi LE WASTEWATER HFRr RFNTAI S 438 OTHER CHARGES 120.94 1 20.94 1500 N FOXHUNTER RD 4269 WAGnW WHFFI RnAn DELIVERY/PICK UP 170,00 17L1,nn FAYETTEVILLE. AR 72701 SPRTWGn_AI F, AR 727r,2 TAXABLE CHARGES 3130,00 313n,nn ed: d79-7sn-831 R TAX 333.93 333,9' TOTAL CHARGES 3499,87 3499.87 RFEITAI DAYS: 3n INVOTCF FROM: 2/1d/1Q TNVnTCF TO: -4/1 r 1 a FPFNTAI START nATF• ')/14/19 8:00 ' LATE CHARGES MAY ApRLY rUcTOMER #: 2891334 0001:0001 RES/QUOTE #:52045968 � t 41gIlo INVOICE #: 30571214-001 TwQTrE QATE: 0?/1 E/'1019 �7 gage 1 of 1 --jaSCOTT EQUIPMENT WFAVV_nuTV cnmpdITm9NT SAME AS BELOW a r o Watershed Conservation Resource Center 380 W Rock St. ° FAYETTEVILLE AR 72701 c Scott Equipment Company, LLC 4831 N Thompson St - P.O. Box 22R Springdale, AR 72785 Ph: 479-759-4242 - Fax: A55-7.Q_5_2.r,7Q www,n QttnQMQaDie--.0^_p] Branch * Date Time o=g_ 03/26/2019 1 Account No. Phooe No. lou^_i,e N^_. WATER051 479-444-1Q1F R2d769 Ship Via PU-ha.e Order S=le, Tax License No. Federal Exemptioo No. Salesperson CF3 DESCRIPTION Description INVnICE #: R2479S For Contra^t #: niSRzn amount Billing #: 1 CovPring From 01/nR/2n1Q to ni/2A/2019 AFTER HOURS RENTAL 214-77R-9QR7/MATT *FUEL CHARGE nF $r.nn PER nAL. WUPAT NOT RETURNED FULL. CUST IS RESPnNSIBLE FOR MAINT-FUEL, rREASE, FLAT-, AND DAMAGES. CLEANING MACH IS $50-$3nn. DISPnSAL FEE REQUIRED. DAMAGE WAIVER TF CUSM DOES NOT HAVE INSURANCE. $lnnn DEDUCTIBLE PER INCIDENT. rnMPACT mPAC7 LOADER Charge for iiBagP of 1 WEEK r7R,nn Gt=^ti #: 2ond96 Serial #: JAFTR34nKJM451758 Dat- n„t: 03/08/2019 08:51 Date RPtiirnPd: n3/2F/2n1Q 1n:24 Miscellaneous Charges/CreditG ----------------------------- ----------------------------- DISPnSAL/ENVIRONMENT RRP Oty: 1 Price: (;3.Sn R,A,sn RENTAL HAULINr nUT 1 250.nn 25n.nn Subtotal: 9RR,5n STAR -AR STATE TAX 6.9%: 64,9.5 n0^J-BENTON/SPRNGDALE 3%: 29.66 6 CASE VANTAGE ACCOUNT: 1nR2.41 Store ID: 1411ArAnn'A Client ID: 334Q75nnnn Request ID: n1Z6H15EA7nnp74.)QBBAnMSHATRQIIVJ PLEASE REMIT PAYMENT TO: PRODUCTIVITY PLUS ACCOUNT P O BOX 7Rnn4 PHnENIX AZ 85nA9-Anna Tay sicning I certify that I am anthari'LPFI to 1142e thi a A -_ant, to �i gn 014S ra^_ipt. and that I agree that the total amn„nt of thin in—nino — =®p-y-ble in accordance with the Credit AgrPPm,ont applir=1-0= to the A^ c -i - SCOTT EQUIPMENT COMPANY, LLC TERMS: DUE UP_d gGrPI2T. ALL ACCOUWTQ RIOT eAID IW c6P I mv'rwE DUE DATE MAY BE SUBJECT TO A LATE CHARGE UP TO gWF i FCCFD Cc: 22% pcQ ANNUM OR THE MAXIMUM AMOUNT ALLOWED BY STATE LAW. el a� Fes/ v HPrc \ ` _ n ,q,_7 TM 97Fnn Rim.—i2im re -2;- RIVd Suite 100 Bonita Soriogs, FL 34134 For rQrrespondence poly (no paymeots) RT11 Tn: WwT� 7511 MR 0.428 E0093 10155 D4733235630 S2 P6325138 0002:0002 MA1r WATERSHED CONSERVATION RFSOURC 380 W ROCK ST FAYFTTF\/II I F AR 777n1-r,Qrj FINAL INVAICF TNVnTCF Nn_ TNVnTCF HATE 30675964-002 04/16/2019 INUMCE AMOUd= CURRENCY 2-AQ,13 LISn CIISTnMFR NO. TFRMS 2891334 Due Upon Receipt AChi RAvMENT Benefician['s Bank: RTN/ABA#: ACCt#: Beneficiary's Name: Wells Fargo 121000248 4217127869 HerC Rentals CHECK PAYMENT ONLINE PAYMENT IjFRC ny q,4AI S P n R_v Q3Fi7S� A*Ia0*a, (,A �11Q3 1 - MIATFRSLIFn ]nR PR4A&CONTROL By Hem Rentals w RAV RV PyndE UFSTTf)NS: R77-QS3-R77R AmnuNT FdCI nSEH• 1 COMPACT TRACK LOADER 2400-2799LB ROPS 8/320.00 53.33 320.00 814.00 To a—Wra a�rUraro and timely pnsrlog, dorach -od ceod rip p_rfic_ with your payment — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - PO #_ RFS/QHOTF #_ CUSTn_MFR #_ - y SAI FS RFe BLAKE CURTIS WWTR 2891334 ORDERED BY nF1 TVFRFn RY STGNFn RY rl n_QFn RV MATT VAN FPPS LIFRC ADOBE KEITH L. RUCKER 1n_R #t STTF 1 - MIATFRSLIFn ]nR Tv FnuTPMFniT # 114PS/MTNTMUMI HOUR I DAY I WEEK 1 4 WEEK I AMOUNT 1 COMPACT TRACK LOADER 2400-2799LB ROPS 8/320.00 53.33 320.00 814.00 1912.00 814.00 IC#:800112864 CAT/Class: 2001460 Make: TAKFUCHT Model: TLiOR Ser It: 2O1n03194 Hours Free: 8 40 176 HR OUT: 969,nnn HR Td: 98n,nnn TnTAI : 11 ,non FRFF: 4n,o0n FXCFSS: n HRS rIJG: in. 17r, AR PRn2FRTY TAX RFCnVFRY FFF 7?179449nn 1 n,1 R SALES TTFMS: QTV TTFMS LIMIT 12010E AmnuNT 1 CI FAWTWC. FA�s.0n_ 15.00 -A7annnnnnl Cl FAWTWC- CED\LICF EEE - Dr-vr-WU Don't let the post office slow you down! Receive your invoices via email. To switch to receive your invoices via email contact btadminna,hercrentals.com THIS INun'rE IS SUBJECT Tn IHE IE10111MIc Agin CONDITIONS OF THE RENTAL AGREEMENT Ori inal Adiustment T=*al SHIP TO: RENTED FROM: RENTAL CHARGES 814.00 R1 a,nn FAYETTEVILLE WASTFWATFR HFRC RFpITAI S A3R OTHER CHARGES 35.18 35,iR 1500 N FOXHUUTFR Rn A-)rQ_ MjArr)W WHFFI Rn_An TAXABLE CHARGES 839.00 8-49,nn FAYETTEVILLF, AR 722n1 cDP1WC-nA1 F, AD 777A7 TAX 89.95 RQ•QS RW: A2o-2sn-331 z TOTAL CHARGES 939.13 939 RENTAL DAYS/H0L1RS: a 9 INVOICE Fpnm: AlnAll 0 7 : 0�48 INVOTCF Tn: a1 `/10 16:35 REUTAL START DATF: a/nR/1 Q 7:06 LATE CHARGES MAY APRLY CUSTQWr-R #: 2891334 RES/QUOTE #: INVOTrF A: 1pE75gaa__p7 TyvOTrr- DATE: 04/16/2019 nn� nom Page 1 of 1 HerdRPn to l_sr" 27500 Riverview Centee alud S"ILA 100 Boolta Spriogs, FL 34134 Cor co�apn_ndence only (no paymeots) RTI1 Tn; Lo W na , M0 r. 7511 MB 0.428 E00931 10154 D42332356,)n S2 P6325138 0001:0002 1 r - I I I I 1A/ATFRCI-IFn Cn(yGFR\/ATIrIN RFS:nUPc 380 Vv cznrk cT FAYETTEVILLE AR 72701-5951 RENTAII jWvn10E INVOICE Nn. INVATCE nATE 3QA79QAA-nn1 04/16/2019 TNVOTCE AMOUNT CURRENCY $ 1446.02 Ucn CUSTOMEQ dn. TERMS 7891334 nice Upon Receipt ACH PAYMENT Reoefiriary's Rank: RTN/ARAdt: Arrt#: Renefiriary s NaMe: Wells Fargo 121000248 4217127869 Herc Reotal5 CHECK PAYMENT ONLINE PAYMENT I S P n Rnv nv q1 O'�A752 2.r). Arlaora. r -A '31103 PMACONTROL By Hen: Rental r 1 m PAY RV RdnNF VESTTANc; 877-QS3-R77$ A�uJn1JdI Eplf ACEn; 11oQ,00 To am-uc_ accurate -ad timely poctiog, detach and Send top pnfinp with your payment Pn_ # RFS UnTF # CIJSTOMFR #_ SAI FS RFP WWTP 7891334 RI AICF Cl IRTTS QRnFRFn RV DELIVERED BY ,TrNFn RV CLOSED BY MATT VAN FPPC UFRC AnnRF Vr-rr J 1 , PUCKER lnR # STTF 1 - WATFRSH_Fn 1nR TV E UIDbdr=NT A jW'2r-/N-TWIt4Ut4j HnI.10 I DAY WEEK 1 4 WEEK AMOUNT 1 WTWT_EYCAVATOR 14000-19000 LBS DSL CAB 8/438.00 73.00 438.00 1100.00 2875.00 11oQ,00 ICA: 800225876 CAT/Class: 2401710 Make: VOLVO Model: ECR88D ser #: VCE00E88V00213978 Hours Free: 8 4n 176 HR OUT: 360,700 HR IN: 374,BQQ TOTAL: 14,1nn FREE: 40.000 EXCESS: n HRS (-HC,: 13,75n AR PROPERTY TAX RFCnVFRY FFF 7717Q999nn 13,75 SALES ITEMS: QTY ITEMS UNIT DIKE AwnUN7: 1 CIFANTNG FA 75,nn 7s,nn 374nnnnnnl Cl FANTNG Sr-R\/TCF FFF - RFX/r-NU DLIn't yet the post office slow you down! Receive your invoices via email. To cw;tch to T-Pne;vP ymir Invoices via email contact btadminAhercrentals.com THTC INVnTCE IS SIIR3ECT Tn THE TERMc Apin Cndn=ndc ng IyE REN=AI aaDEEM_ENx Ori I=a1 Adjustment Total RENTAL CHARGES 11 nn,nn 1100.00 SHIP TO: RENTED F130M: FAYETTEVILLE WASTFWATFR HFRC RFNTAI S 43R OTHER CHARGES 38.75 38.75 1500 N FQXHUNTFR Rn 47AQ WAGON wEIFFI RnAn DELIVERY/PICK UP 170.00 170,00 FAYFTTFVTI I F, AR 777n1 cPRTWGn_A1 F, AD 772A7 TAXABLE CHARGES 1295.00 1295,00 Py: A7Q-7sn-3413 TAX 137.27 137,77 TnTA1_ CHARGES 1446.02 1446,07 RFNTAI MAYS/HnUPq: Al 9,A8 TpIVnrCE FDnm: A/08/19 7:07 TplunrrE xn• 4/12/19 16:35 DEWTAI START DATE: 4/08/19 7:06 T ATE r"AgGF-S MAY APPLY CUSTOMER #: 2891334 0001:0002 RES/QUOTE #: INVOICE #:30675964-001 INVOICE DATE: 04/15/�07,9 j r� . t ,J t I� (Page 1 of 1 �6 \0\q Cl 700 SO ARM ERS ..®oPERATIV THANK YOU FCR SUOP2TNG AT EYES 4 (479) 521-41AA REMIT TO: FARMERS COOPERATIVE PO BOX 1AA0, VAN R11RPN AR 72957 03/19/19 12:27PM MSK 587 SALE 1 245, 3 EA 6.9`+ FA SIRAIJ 1 R , 75i SUB -TOTAL:$ 18.75 TAX: $ 1.83 TnTAI : 20.58 CHARGE AMT: 2n.5A JRN1_#EOR3R9 TNV#422543/4 cs== OUST NO:347 `6 Cust00 . opy � tc��3� �C-t'" Name : y—_ SCARBROUGH, JEESF Acct: WATERSHED CnMRPPVATTnN RFS01►Rr FAYETTEVILLE FEED STORE 417 WEST MLK BLVD FAYETTEVILLE, AR 72701 WWW.TODAYP%COnP.CnM PHONE: (479) 521-4144 kEMIT TO: RARMERS COOPERATIVE PAGE .N0 l ..0 s; J.,, AMOUNT CHARGED TO STORE ACCOUNT '—'* TOT WT: nn (SCARBROUGH. JESSE) 2UPCLIASFP CFRTTFTFS UWLIPR DFWAI TV nF PFR IUPV THAT HF TS FNIGAGFr) TN FAPUTAIG QR RANCHING AND THF 2RQ2FRTV 2URC HASFD, TAY P1fPUQT. WILL BE USED ONLY IN HIS FAPUTUG f1R RAWCkdTWG MPPATMWS. 20.58 TAXABLE 18.75 NON-TAXABLE 0.00 SUBTOTAL 18.75 TAX AMOUNT 1.8; TOTAL AMOUNT 20.58 X Receive+ Ay V— - ' 1/ AA/ Jesse Scarbrnu h From: Sandbaggy-helpna sandhaggy.com, nK � Sent: Wednesday. April 3. 2019 4:53 PM To: Jesse crarbrough Subject: Order #2173 confirmed Sandbaggy nRDFR #7773 Thank you for your purchase! Hi jPSSe, wP'rP getting your nrdar raarly to be shipped. We will notify yni i When it hac haan cant, nr Vitit nur ctnre nrdPr summary 92 -inch 8 -gauge Round Top Heavy Duty Landcra_pp Staples - Bulk Whelealp Quantitipc x 9 $9 Rs.nn c PFI 1,000 staples - 18.-(t eaclD gUhtntal $1 85,nn shipping $n_nn Tntal Customer infnrmatinn $185.00 USP T, -to CA,rp tD cOuT-,y— o1Z _ &W6 OWE'! DUE'S NOME eFyTERS Li =r 3231 U. UARTTy IUTHFR KTMG FAVErTFUILLF. 9R 72791 (479) 387-3001 s1f1 — saLE ES#: S18061U1 2600222 rREUsp: 8383467 09-04-19 181140 W 20 -FT x 30 -Fr 9YUM 96.48 SURTnrAL; 96.98 TAX: TNUOTCF 08483 TOTAI: 9.d6 106,44 VISA: 106.94 11TSA C IP OF ID:1845d3 AMfl"MT;lpf,.ga AUTNCn;037929 -HIP RFFIp;189608196038 041ra/i9 n8:i1:09 CUSTOMER CODE: 92L: :Ugsr VISA TUR: rn80pn8nn0 AID: 90000000031010 TSI: FOOD Sia9F; 1806 TFRMTNAL: 08 041na/19 88:11:34 4; oF= rrEMs PUBEHgsED FXCIUDES FEES. SFRNICFS A! iD SP CTRL ORUR ITFys THANK yQU FOR SHOPTMr LOUF S SFE REUFRSE STOF FOR RETURN 2niICY. STURC NBUAGFR: Skop CnIFNAN I OUE's QRTCE MATCH G1,9gANTFF MORE UETATIS, VISTT l6UES.rUN/2RTCEMATCN H 0��-� () I-v VJ -TfI f-e 0 =( v_- Jesse Scarbrnu h H � K K r From: gaodbaggy help@sandbaggy.comn o Sent: Friday, April 19, 2019 2:41 PM To: Jesse Scarbrough Subject: Order #2255 confirmed Qa . 5t 11 �-� tin ra qa ^k. MJr Sandbaggy nRnFR#2255 Thank you for your purchase! Hi jPssP, wP'rP getting your order ready to be shipped. WP will nr)tify you when it hac hPPn cant. or Visit our stnrP Order -,ummary «� 12 -inch R -gauge Rnund Tnp Heavy Duty Landcca_pe Ctaplec - Ruhr Whnlesale Quantities x 1 $1Rs.00 1.000 staples - 18.51 each Subtotal $185.00 Shippinq $0.00 Total Customer information $185-00 U5■ L Y. ad +ew n i4 ess t{� .�i n, ' .r� �� ed Jesse Scarhrnuyh From: Forestry Suppliers --sales0forestrry-suppliers.com�!t `'3' 357 w►NTP Sent: Friday, May 10. qn19 5:17 PM ck • �� To: Jesse Scarbrough M Stibject: Your Order from Forestry Suppliers has chipped 53°�2.57e �c�•. �� M�r Your Order Has Shipped! If you have any questinnq ahnut this order, please rnntnrt Custnme-r Service at Rn0-752-8460 or cs@fore--t!y- upplit-rs.com. You can track your order online as it rpnrhPs your destination. Please note that it may take i►p to 24 hours for your tracking numhpr to return any information. '►kph Order #: 143378 Invoice #: x;2aa23-nn Ciictnmpr #: 639463 Purchase Order #: JESSF .qr`ARRROUGH Payment Mpthnd: \/ISA Ship Date: May 10, ?n9 q Ship Method: 1113• rROUND SAVER 1735003703843R77Rn Shipped To: \A/ATFRSHFn CnNSERVATIOW RFSnIIRC JFSS1= SCARBROUGH 380 W ROCK ST FAYETTEVILLF AR 727ni-5951 Qty Item # namnriptien erjrp FYt• prise 2 69041 JIM -GEM KBC Planting Bar $48.95 $97.An 2 69042 JIM -GEM OST nihhip Rnr — $AR.95 $97.901 AmazonSmile - Order 111-0223450-0127454 amazon https:4"Smile.amazon .r!omigp/ccc'ciimmaryi'print.html/ref--122Y va... Final Details for Order #111-0223450-0127454 Print this page for your records. Paid By: Watershed conservation f Placed By: Matthew A. Van Eps Orrier Placed: June 7, 2019 ,ama-yon.com order numher: 111-0223450-0127454 a k • fA V 6 Seller's order number: 1 AQ95954 Order Total: $38.66 Shipped on 31Oe Z, 7019 Items Ordered Brice 2 of: Ch Hanson 17003 Standard Flagging Pvc Tape Pink 1 SQ' (Back Of 12) by $1 7.Rn r. N. Hanson S^_Id hy: R ----'s dome and Hardware (s.ejLr Rrv.file) Bucinerr Prire Condition: New Shipping Address: Watershed Conservation Resource Center 380 W ROCK ST FAYETI-EVILLE. AR 72701-5951 United States Shipping Speed: Standard Shipping Item(s) Subtotal: $35.60 Shipping & Handling: $n,nn Total before tax: $35.60 Sales Tax: $3.06 Total for This Shilament: $38.66 Pavment information Ravment method: Item(s) Subtotal: $35.60 Visa I Last digits: 4059 shipping a dandling: $n,nn Total before tax: $35.60 Estimated_ tax to be collected: $3.06 Grand Total:, 66 Credit Card transactions Visa ending in 4059: June 7, 2019:$38 .66 To view the status of your order, return to Order Summ 1a�. 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WI REMIFIVE THE RIGHT TO R9FUNG By CFEC K _T RA£eirence Terms Clerk Date Time GASH/OHHCII1/BADI90ARE1 EID 11/19/19 1 11:56 Ship To DUHI DA13: 11/20/19 ECIC# B61541 1I3FIM#591 * Ii VOICIH i SLSHFI: OD DA% I❑ TAA 001 FA�ET7HVILLEI TAX `➢OTA X Received By G 1' ll I UMBER LU IN( . 1 SCHOOL At IE IITI IIII I E. AF fa rill 479 1142 811,11 Mci It, nL ID: 1110111 41 53 let It 1D: 1208 Sale fpshl.ehoo Label. 1I1S1 CREDIT GUISE] VISA ase 0reer No. Nilu )1X;i%}(XN X111151 HD: ANEMIA 9nhv N16: Ohii Read APIA: Online E atoho: NOM 11/09/19 10:10:1 lnvk 0000001 Aw Cae: 0;13190 I SKU Total'. USD$ 43,33 G MSANO 11c&; Mist er TI R: UOBOMULO 11U: U(CUM0360;W1 a 1: 1`800 IRC. Lul 1 avne e t o t a, d a L(It JI ar+oui.t awordinI to ward u+ men[ lllen-afaet avreemenl 0 cwteaii iumfe' i IAHRI`i40., '01 Curl"wo CwV1 111AN11 ` GO x -1 wuj 14�I CITY amu, B0M - COMPUAIV111 IRIO. ..0 L BOH 809 I YETTBvILLB,ARKAt18AS 727(12 6 . Mt t✓` VoWT P S ..f A�: ki S Heference I Terms GASH /CHEICIII /BAt RCARD Sbip To _`10# ALH—EIUREICISIE PIANO ** PANIuENT REICEI\dED ** ** RAID IN HULL ** BAtKCAAO PAtNEN9 3RCRD# RAGE t CI 1 1204 S. SIC HOC I` PH CMV E 147191 442-821-1-1 —RETURNED GOODS POUCH—. PLL REfl1RNEC 000151 E,Al1ST BEI ACCOMPANIEO BY RECEIPT. NC I CASH REFUNDS. WE REMIRVE TMS FIK HT TO RuFwu By Old CN I C1erN Date Time OD 1 12/ 9/19 9:15 DUE OATH: 12/10/119 DCIO# 383445 TEIRN#552 * INVOICIE SIISPR: OD DAVID '➢AX 001 EIAYE TTEIVIH➢E 9AX TOTA UNITS I PRIOEi TIT I QTEINSIi 12 1 3.29 /EIGI 39.48 43.33 TAXABDE 39.48 NON—TAXAHIIEI 0.00 SUBICIIAL 39.48 43.33 TAX AN CIUNT 3.05 'ICITIAL AMOUt'3 43.33 6V tAuti ' L i - SLAVENS WH DLIFE CONTROL SERVICES _ REGINNING DATE - l 2. ENDING DATE IA 9; Coon Skunk Opossum 1;eaver_ Cnnn Skunk Opossum Beaver 4 C»vatomers Name and Addrecc L.",-) e q. C,. s&U Lt) IIS.- 1" < /. F, I-Iq,2: ?-9-2D! .P - u.)-4 .,+,\i Nnmber of Rpecipc Captured Coyote Bobcat Eox Removal Fee Per Animal Coyote Bobcat Eox d79_957_7770 TOTAT T. DI TV. h 41171/9 Cf -#8524 M Yancey Chapman 1225 E. North St. DATE: Lincoln, AR 72744 INVOICE # Phone x79.305.9081 FOR: B!II To: Watershed Conservation Resource Center 380 W. Rock St. Fayetteville, AR, 72701 501-352-729A April 22, 2019 19-6 See attached timsheet Make all checks payable to Richard Chapman If you have any questions concerning this invoice, contact n (479) 445-5690 THANK YOU FOR YOUR BUSINESS! i on i I tv n flnte F;11/in19 ,CSTQRAT0 VIA CLT � / ,y A ynn O % invnire H w D YV s 4Rn � � 6 "Restoring Uvigj e 0--A- Matwal Conimunities.t A Srls (c) (A) don -Profit Oompnov Hill In \kork I)e,.Cripliop Watershed CanSENAtion Resource Center Herbicide Attu- Cnndi Earmien 380 Fest Rock St-eet Fayetteville, AR 72701 ,lob or P.O. Noland Te -ms Thin npn� rt�pnjpt Quantity_ Description Treat Johnson grass-Ouoted price Total Job Date R.1te A mount 250.00 9Sn,nn $250.00 4W 104 S. Skilern � / � 17 I> Com. hn_ne it A'70--A'70--477-A27777777 Siloam Spring, AR 72761 q oeri4rcox-mternet.com 21 2V / Fax 479-52-4-5-204 Qt sare7r�, y ,r '1=;I.9�x V F'h.� , 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 145-18 File Number: 2018-0316 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $100,500.00 FOR CONTINUING NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN STREAMS TO ENSURE THE CONTINUED SUCCESS OF COMPLETED RESTORATION PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $100,500.00 for continuing native vegetation establishment efforts and minor adjustments within streams to ensure the continued success of the following restoration projects: Niokaska Creek at Gulley Park Niokaska Creek at Sweetbriar Park Ground Cherry Creek at Kessler Mountain White River Stabilization White River at Noland Wastewater Treatment Facility West Fork of the White River at Fayetteville Municipal Airport -Drake Field PASSED and APPROVED on 7/3/2018 Page 1 Printed on 715118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0106 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 5 NORTHWEST ARKANSAS LAND TRUST CONSERVATION EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF 41 ACRES OF ENVIRONMENTALLY SENSITIVE LAND LOCATED NEAR THE WEST SIDE WASTEWATER TREATMENT PLANT WHEREAS, the City worked with the Northwest Arkansas Land Trust and Jacobs Engineering to locate the new solar array at the West Side Wastewater Treatment Plant to avoid the most sensitive lands on the property which includes approximately 41 acres of existing natural wet prairie and pristine oak savannah habitats; and WHEREAS, the Mayor and City staff recommend placing a permanent conservation easement on the 41 acres and using existing capital improvement project funds to help restore the existing native habitats which will provide superior long-term environmental benefits to the area over the construction of additional engineered wetlands for which the CIP funds were originally earmarked. 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 a Grant of Conservation Easement and Declaration of Covenants to the Northwest Arkansas Land Trust and all other documents necessary for the preservation of 41 acres of environmentally sensitive land located near the West Side Wastewater Treatment Plant. City of Fayetteville, Arkansas Page 1 Printed on 21512020 City of Fayetteville Staff Review Form 2020-0106 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/30/2020 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a conservation easement for approximately 41 acres of environmentally sensitive wet prairie and oak savannah habitat owned by the City of Fayetteville at the West Side Wastewater Treatment Plant. Budget Impact: 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # J35-13 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: January 30, 2020 SUBJECT: West Side Prairie Conservation Area CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of a conservation easement for approximately 41 acres of environmentally sensitive wet prairie and oak savannah habitat owned by the City of Fayetteville at the West Side Wastewater Treatment Plant. BACKGROUND: The Woolsey Wet Prairie was constructed in 2005 — 2008 adjacent to the West Side Wastewater Treatment Facility as a wetlands mitigation site for the West Side Wastewater System Improvement Project. The wetlands were required to be constructed to comply with the Army Corp of Engineers 404 permit to mitigate wetlands that were being degraded or destroyed in the construction of sewer lines, pump stations and the West Side Wastewater Treatment Plant. A deed restricted covenant was placed on the 43.8 acre constructed wetlands site as part of the Army Corp wetland mitigation permitting process. In November 2013, City Council passed Resolution 235-13, which expressed support for the expansion of the Woolsey Wet Prairie to create 80 additional acres as a wetlands bank to be used for City projects. Additionally, a $350,000 CIP was funded for the construction of the wetlands. Since that time demand for wetland credits has decreased and none of the CIP money has been expended on the wetlands expansion. Since the construction of the original 43.8 -acre wetlands, the site has become quite popular with naturalists especially those in the birding community. It has also been designated as an Important Bird Area (IBA) by the Audubon Society due to the presence of over 182 species of birds reported on the site and on the surrounding City owned property. DISCUSSION: During the negotiations and siting discussion for a 5 MW solar power generation facility and associated battery storage at the West Side Wastewater Treatment Plant, it was discovered that the preferred siting for the solar array, located to the northwest of the existing 43.8 acre Woolsey Wet Prairie, potentially conflicted with other existing environmentally sensitive wet prairie and oak savannah habitat owned by the City at the West Side Wastewater Treatment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Plant. Some of this area also potentially conflicted with the City Council supported 80 -acre wetland expansion. The City worked with the Northwest Arkansas Land Trust and Jacob Engineering, who manages the Wastewater Treatment Plant, to relocate the proposed array to avoid the most sensitive lands on the property that includes approximately 41 acres of existing natural wet prairie and pristine oak savannah habitats. In accordance with the 2013 Resolution, the Mayor requests that the City Council consider placing a permanent preservation easement on these approximately 41 acres of existing natural wet prairie and pristine oak savannah habitats. Additionally, the mayor requests that the existing unused CIP monies originally intended for wetland expansion be instead used to help fund a management plan the for preserved acreage that would help restore native habitat, remove invasive plants and open up access to the public. The Mayor and staff feel that ecological preservation and restoration of the existing habitats provide superior long-term environmental benefit to the area over the construction of additional engineered wetlands. BUDGET/STAFF IMPACT: Existing CIP monies in the amount of $350,000 for the wetland expansion are available in the Water/Sewer fund for the management of the conservation area. Attachments: Conservation Easement Agreement Site Plan Resolution 235-13 Upon recording return to: Northwest Arkansas Land Trust 1725 Smokehouse Trail Fayetteville, Arkansas 72701 479-966-4666 GRANT OF CONSERVATION EASEMENT AND DECLARATION OF COVENANTS THIS CONSERVATION EASEMENT AND DECLARATION OF COVENANTS "Easement") dated this this day of _ 2020 (the "Easement Date") by and between CITY OF FAYETTEVILLE, ARKANSAS, an Arkansas municipal corporation ("Owner"), which shall include any successor in interest to the Owner executing this Easement, and the NORTHWEST ARKANSAS LAND TRUST, an Arkansas non-profit corporation ("Holder"), for the purpose of forever conserving the Conservation Values of the Property (both hereinafter defined). ARTICLE I BACKGROUND 1.01 Defined Terms. Initially capitalized terms not defined in this Article I are defined in Article VTT_ 1.02 Protected Property. Owner owns in fee simple certain real property, more particularly described in Exhibit "A" attached hereto (the "Property"). The Property is also described as: Known As: Municipality: County: State: Acreage: Portions of Tax Parcels: 1.03 Easement; Covenants. West Side Prairie Fayetteville Washington Arkansas 4 1. 10 acres, more or less 765-16201-012 and 765-16201-021 (a) Easement. By this Easement, Owner grants and conveys to Holder an unconditional and perpetual easement upon the Property for the purpose of advancing the Conservation Purposes described below. The Easement empowers Holder to prevent and terminate activities, uses, and Improvements inconsistent with the Conservation Purposes. Article IV more fully describes the rights this Easement vests in Holder. It is the purpose of the Owner and Holder to avail themselves of the provisions of the Arkansas Conservation Easement Act, Ark. Code Ann. § 15-20-401 et seq., without intending that the existence of this Easement be dependent on the continuing existence of that law. (b) Owner Covenants. By this Easement, Owner, in fartheranc-e of the Conservadon Purposes, establishes covenants binding upon Owner's interest in the Property, which are set forth in Articles II through Article III. Article V addresses potential violation of these covenants and remedies. (c) Holder Covenants. By this Easement, Holder accepts the Easement and, in furtherance of the Conservation Purposes, establishes covenants binding upon Holder's easement interest in the Property, which are set forth in Article IV. 1.04 Easement Plan. Attached as Exhibit `B" is a graphic depiction of the Property (the "Easement Plan"). 1.05 Conservation Purposes. The resource -specific and area -specific purposes of the Easement (collectively, the "Conservation Purposes") are as follows: (a) Resource -Specific. (i) Water Resources. To maintain and improve the quality of water resources, both surface and groundwater, within, around, and downstream from the Property, particularly to help protect the water quality of the Illinois River whose protection and restoration is a multi -state priority. (ii) Biological Resources. To protect and improve the quality of relatively natural habitat for fish, wildlife, and plants, or similar ecosystems, including animals, fungi, other organisms, and particularly Native Species. The Property includes historic prairie habitat, which is a critically endangered ecosystem. The addition of this Property to existing greeospace, namely the Woolsey Wet Prairie Sanctuary owned by the City of Fayetteville, further ensures habitat for wildlife, improving the long-term viability of biodiversity in the region. (iii) Soil Resources. To prevent the loss and depletion of soil on the Property. Prairie mounds on site indicate a large portion of the Property is unplowed, giving a high probability of a long dormant native seed bank. (iv) Scenic Resources. To further the preservation of open space by protecting the scenic views of the Property visible from public rights-of-way. Specifically, the general public enjoys scenic views of the pasture from N. 54th Avenue and W. Persimmon Street. (v) Ecosystem Services. To contribute to the resiliency and functioning of natural processes important to human systems; to retain, detain, and disperse stormwater runoff, thus mitigating erosion and flooding downstream of the Property; to attract and support a wide variety of bees, hummingbirds, and butterflies, which are essential to plant and crop pollination; and, to sequester carbon in plants and soil to mitigate rising atmospheric carbon levels. -2- (vi) Open Space. To preserve open space pursuant to the City of Fayetteville's Green Infrastructure Goals in the 2030 Master Plan, the regional Northwest Arkansas Open Space Plan, and for the preservation of this historically important area, which will yield a significant public benefit. 1.06 Baseline Documentation. The specific Conservation Purposes of the Property and its current use and state of Improvement are set out in a Baseline Documentation Report (the "Baseline Documentation Report" or "Report") prepared by Holder and to be kept at the principal office of Holder. As of the Easement Date, Owner and Holder have signed and acknowledged the Report to be complete and accurate as of the Easement Date. The Report includes reports, maps, photographs, and other documentation, to be used by Holder to assure that any future changes in the use of the Property will be consistent with the terms of this Easement. Notwithstanding the foregoing, the Report shall not be used to preclude the use of other evidence to establish additional Conservation Purposes of the Property now or in the future. The Report is incorporated by reference herein as if restated in full. 1.07 Beneficiaries. No Beneficiary is identified in this Easement. 1.08 Consideration. Owner acknowledges receipt, as of the Easement Date, of good and valuable consideration for this Easement, including, but in no way limited to, the public benefit obtained, the covenants set forth in Article IV, and perpetual satisfaction of the Conservation Purposes. 1.09 Superior to all Liens. Owner warrants to Holder that the Property is, as of the Easement Date, free and clear of Liens and mortgages or, if it is not, that Owner has obtained and recorded in the Public Records the legally binding subordination of the Liens affecting the Property as of the Easement Date. ARTICLE II TRANSFER; SUBDIVISION 2.01 Prohibitions. Owner is prohibited from taking the following actions, except as may be specifically set forth in Section 2.02. Owner may not: (a) Transfer of Portion of Property. Transfer ownership, possession, control of land by lease, or use of a portion of the Property, including subsurface portions of the Property, independent of the remainder of the Property; (b) Subdivision. Change the boundary of a Lot or create any Subdivision of the Property; (c) Transfer of Density. Use open space area protected under this Easement to increase (above limits otherwise permitted under Applicable Law) allowable density or intensity of development within other portions of the Property or outside the Property; or (d) Transfer of Rights. Transfer development rights or other rights granted or allocated to the Property in support of development outside the Property. -3- 2.02 Permitted Changes. Owner is permitted to make the following changes: (a) Lots within Property. Merge two (2) or more Lots into one (1); or subject to Review, reconfigure one (1) or more of the boundaries of such Lots, as long as the boundary of the Property as described in Exhibit "A" remains unchanged; (b) Transfer to Qualified Organization. Subject to Review, creation and transfer of a Lot to a Qualified Organization for park, nature preserve, public trail, or other conservation purposes approved by Holder; and (c) Transfer of Rights of Possession or Use. Subject to Review, transfer of possession or use (but not ownership) of one or more portions of the Property for purposes permitted under, and subject to compliance with, the terms of this Easement. Leases of space within Improvements are not subject to Review. 2.03 Requirements. (a) Establishment of Lots; Allocations. Prior to transfer of a Lot following a Subdivision, Owner must (i) furnish Holder with the plan of Subdivision approved under Applicable Law and legal description of each Lot created or reconfigured by the Subdivision; (ii) mark the boundaries of each Lot with permanent markers; and (iii) allocate in a document recorded in the Public Records those limitations applicable to more than one Lot under this Easement. This information will become part of the Baseline Documentation Report incorporated into this Easement. (b) Amendment. Holder may require Owner to execute an Amendment of this Easement to reflect a change to the description of the Property set forth in Exhibit "A," or other changes and allocations resulting from Subdivision that are not established to the reasonable satisfaction of Holder by recordation in the Public Records of the plan of Subdivision approved under Applicable Law. ARTICLE III IMPROVEMENTS; ACTIVITIES AND USES 3.01 Improvements. Improvements are prohibited except as permitted in this Section 3.01. (a) Existing Improvements. Existing Improvements, including the bar», fencing, ponds and rock walls may be maintained, repaired, and replaced in their existing locations. (b) Existing Servitudes. Improvements that Owner is required to allow because of an Existing Servitude are permitted. (c) Additional Improvements. The following Additional Improvements are permitted: (i) Fences. New fences may be built on the Property for purposes of reasonable and customary access control and protection of resources, provided that fencing does not substantially diminish or impair the Conservation Purposes, including aesthetic and scenic values of the Property, and does not exclude or restrict wildlife movement on or off of the Property. (ii) Trails. The following trails are permitted: (1) One paved trail along the western and northern boundaries of the Property, no more than twenty (20) feet in width. (2) Trails constructed of (a) native, mowed grasses; (b) trails covered, if at all, by wood chips, gravel or other highly porous natural, noninvasive material. Trails shall be no more than four (4) feet in width. The location and density of trails shall be planned in a manner consistent with preservation of the natural integrity of the Property, with special consideration given to the preservation of ecologically significant areas and species of special conservation concern. (iii) Trail Signage. Trails may include signs to mark the trail, to provide information regarding restrictions, and for interpretive purposes. Signage shall be unobtrusive in nature and planned with the express goal of minimizing impact to the vistas and Open Space nature of the Property. (iv) Trail Facilities. Trails may include benches, picnic tables, wastebaskets and bicycle racks, as may be deemed necessary. All other facilities are subject to Review and approval. The design, location and density of trail facilities shall be architecturally consistent with the natural setting of the Property and planned with the express goal of minimizing impact to ecologically significant areas and species of special concern, and ensuring the vistas and Open Space nature of the Property. (v) Bridges. Subject to Review, footbridges, stream crossing structures, and stream access structures. (vi) Structures. Subject to Review, the Holder may construct, maintain, repair, remove or replace any of the following, provided that the structure is of a reasonably limited footprint, is architecturally consistent with the natural setting of the Property, does not pose a threat to sensitive species or ecologically sensitive habitats, and is in accordance with local, state, and federal laws: (1) Pavilion. One (1) open-air pavilion or gazebo. (2) Wildlife Viewing and Habitat Structures. A reasonable and necessary number of raised walkways, wildlife viewing platforms, bird blinds, and habitat enhancement devices such as bat boxes, bird houses. -5- Any area of the Property disturbed in the process of Construction must be restored to a natural condition promptly after completion to ensure the activity does not substantially diminish the Conservation Purposes. (vii) Parking. Subject to Review, a Low Impact Development parking area to accommodate four (4) vehicles. (viii) Access. Subject to Review and approval, Access Drives and Utility Improvements to service Improvements within the Property, but only if there is no other reasonably feasible means to provide access and utility services to the Property. (ix) Utility Improvements servicing activities, uses, or Improvements not within the Property that Holder, without any obligation to do so, approves after Review. 3.02 Activities and Uses. Activities and uses are prohibited except as permitted below in this Section 3.02 and provided in any case that: (i) the intensity or frequency of the activity or use does not materially and adversely affect maintenance or attainment of Conservation Purposes, and (ii) no Invasive Species are introduced. (a) Existing Servitudes. Activities and uses that Owner is required to allow because of an Existing Servitude are permitted. (b) Resource Management and Disturbance. The following activities and uses are permitted: (i) Construction or other disturbance of resources, including cutting of trees, only to the extent reasonably prudent to remove, mitigate, or warn against an unreasonable risk of harm to Persons, their belongings, or health of Native Species on or about the Property. Owner must take such steps as are reasonable under the circumstances to consult with Holder prior to taking actions that, but for this provision, would not be permitted or would be permitted only after Review. Removal of Invasive Species is permitted. (ii) Planting, replanting, and maintaining Native Species. (iii) Construction of permitted Improvements with prompt restoration of soil and vegetation disturbed by such activity. (iv) Owner may use, or permit the use of, service vehicles and motorized equipment on the Property provided that: (1) The use of such vehicles is reasonable and necessary for maintenance and/or emergency access to the Property, or for providing access to people with disabilities. (2) The permission afforded by Owner is limited to a short-term license and is not a right-of-way, easement, or other permanent legal interest. (3) Vehicles take care to avoid ecologically significant areas and species of special conservation concern on the Property. (v) Application of manure and plant material, both well composted, and, subject to compliance with manufacturer's recommendations, other substances to promote the health and growth of vegetation. These permitted substances do not include sewage or industrial sludge, biosolids, septic system effluent, and related substances. (vi) Piling of brush and other vegetation to the extent reasonably necessary to accommodate activities or permitted uses. (vii) Subject to Review, and pursuant to a city permit, the Owner may permit or host special events of short duration by specific groups within the Property, including bio - blitzes, so long as such events do not substantially diminish or impair the Conservation Purposes of the Property. Special Events may include the temporary use of service vehicles, cooking grills, temporary tents, shade structures, and toilet and refreshment areas. (viii) Owner reserves the right to conduct habitat management activities, subject to federal, state and local regulations, and the specific terms and conditions of the Easement. All habitat management activities shall be conducted in accordance with a written plan (a "Habitat Management Plan") subject to Review and approval by Holder. The Habitat Management Plan should, if possible, be reviewed and updated at least every ten (10) years. The Habitat Management Plan shall include, at a minimum, the following: (1) Goals and objectives of the Owner, consistent with the purposes and terms of the Easement. (2) Identification and mapped location of significant habitat types, species of special conservation concern, and natural and physical features of the Property. (3) A description of the current and desired natural condition and threats to each habitat type. (4) A description of contemplated management plans and proposed access plan for each habitat type. (5) A description of foreseeable situations in which chemical application will be recommended, including the type, amount, method of application, and recommended limitations to protect water quality and sensitive species. (x) Owner reserves the right to allow public access and use of the Property subject to the restrictions outlined by this Easement for the purpose of permitted outdoor recreational activities and educational outreach to enhance the quality of life. -7- (xi) Other activities that Holder, without any obligation to do so, determines are consistent with maintenance or attainment of Conservation Purposes and are conducted in accordance with a management plan or other plan approved for that activity after Review. (c) Other Activities. Activities are permitted that do not require Improvements and do not materially or adversely affect maintenance or attainment of Conservation Purposes such as the following: (i) walking, bird watching, and nature study; and (ii) educational or scientific activities consistent with and in furtherance of the Conservation Purposes. ARTICLE IV RIGHTS AND DUTIES OF HOLDER AND BENEFICIARIES 4.01 Holder Covenants. In support of the Conservation Purposes, Holder declares the following covenants binding upon its easement interest in the Property: (a) Exercise of Powers. Holder must exercise the powers granted to it by this Easement to prevent and terminate activities and uses of, and Improvements within, the Property that are inconsistent with the Conservation Purposes. (b) Must be Qualified Organization. Holder must be and remain at all times a Qualified Organization and must not transfer the Easement or otherwise assign its rights or responsibilities under this Easement to a Person other than a Qualified Organization committed to uplhnlding the Conservation Purposes. (c) Proceeds Used for Conservation Purposes. Holder must use any funds received on account of the release, termination or extinguishment of the Easement in whole or in part in furtherance of its charitable conservation purposes. 4.02 Rights and Duties of Holder. The items set forth below are both rights and duties vested in Holder by this Easement: (a) Protect in Perpetuity. To protect the Conservation Purposes of the Property in perpetuity. (b) Enforcement. To enter the Property to investigate a suspected, alleged or threatened violation of the covenants and, if found, to enforce the terms of this Easement by exercising Holder's remedies in this Easement. (c) Inspection. To enter and inspect the Property for compliance with the requirements of this Easement in a reasonable manner and at reasonable times. (d) Review. To exercise rights of Review in accordance with the requirements of this section. (e) Interpretation. To interpret the terms of this Easement and, at the request of Owner, furnish Holder's explanation of the application of such terms to then -existing, proposed, or reasonably foreseeable conditions within the Property. 4.03 Amendment and Holder's Discretionary Approval Background. Owner and Holder have determined, in good faith, the limitations of any permissible modifications hereto. Owner and Holder recognize that natural conditions, landscapes, uses and technologies change over time. Holder and Owner recognize that unforeseen or changed future circumstances may arise which makes it beneficial or necessary to take certain action in order to ensure the continued protection of the Conservation Purposes of the Property and to guaranty the perpetual nature of this Easement. Additional proposed activities may require the exercise of discretion by Holder, as further described below. This Section, therefore, ensures that the Holder protects the Conservation Purposes of the Property in perpetuity. (a) Purpose. To this end, if approved by the Holder in its sole discretion, Owner and Holder have the right to modify this Easement. Holder may exercise its discretion in accordance with the provisions and limitations of this Section. Holder has no obligation to agree to any modification of this Easement. No modification shall adversely affect the perpetual duration of this Easement or the perpetual protection of its Purposes. (b) Amendment Requirements. Holder shall not consent to any amendment of this Easement unless Owner submits a written request for amendment pursuant to Holder's existing amendment policy and such proposed amendment qualifies under Holder's policy then in effect respecting conservation easement amendments. The effect of such amendment shall enhance, or at least be neutral with respect to, the Conservation Purposes of this Easement. Owner and Holder may amend this Easement to be more restrictive to comply with the provisions of Code Section 2031(c). Holder may require subordination of any mortgage as a condition of permitting any substantive amendment to this Easement. (c) General. Holder and Owner shall have no power or right to agree to any activity, use or structure that would (i) result in the extinguishment in full of this Easement; (ii) adversely affect the perpetual nature of this Easement; (iii) adversely affect the qualification of this Easement or the status of Holder under any applicable laws, including Code Sections 170(h), 501(c)(3), and the laws of the State of Arkansas; or (iv) result in either impermissible private benefit or inurement to any party. For purposes of this Section, the terms impermissible private benefit and inurement shall have the same meanings ascribed to them in Code Section 501(c)(3) and associated Treasury Regulations. Any modification that results in a partial extinguishment with the exception of corrections and clarifications of boundary disputes, legal descriptions and internal use demarcations, and any other de minimis modification. (d) Discretionary Acts. Subject to the conditions and circumstances set forth below, Holder may consent to activities, structures or uses, issue waivers or licenses or otherwise exercise discretion where the Easement is silent or ambiguous. Because of unforeseen or changed circumstances, if an activity, structure or use that is not expressly permitted under this Easement is deemed beneficial or necessary by Owner, Owner may request, and Holder may, in its sole discretion, grant permission for such activity, structure or use without resorting to the formalities M of Holder's amendment policy and process, subject to the following limitations: (i) such request for Holder's consent shall be made in writing and shall describe the proposed activity or use in sufficient detail to allow Holder to evaluate the consistency of the proposed activity with the preservation and protection of the Conservation Purposes; (ii) Holder may grant its consent only if it determines, in its sole discretion, that (A) the performance of such activity is, in fact, beneficial or necessary; and (B) such activity (x) shall not result in private inurement or confer impermissible private benefit, (y) results in neutral or enhanced Conservation Purposes of this Easement, and (z) does not violate the terms of this Easement. Owner shall not engage in the proposed activity or use unless and until Owner receive Holder's approval in writing. (e) Costs. If Owner is the party requesting an amendment of, or discretionary approval pursuant to, this Easement, Owner shall be responsible for all reasonable and customary fees and costs related to Holder's evaluation of said request and an amendment's execution, including reasonable attorney's fees and costs, staff, contractor, legal, expert, consultant fees and costs, and any costs associated with any updated Baseline Documentation Report prepared pursuant to the provisions of this Section. (f) Updated Baseline Documentation. In the event Owner and Holder agree to an amendment or discretionary approval pursuant to this Section that results in alterations to the Property, then the Baseline Documentation Report shall be supplemented appropriately to reflect the modification scope, scale and intensity. The supplement shall be acknowledged by Owner and Holder to memorialize the condition of the Property as of the date of the amendment or discretionary approval. (g) Recording. Owner and the Holder shall execute any amendment approved after following the procedures in this section, and the revised document shall be recorded in the Public Records. (h) Form. Any modification that Holder determines, in its sole discretion, to be beneficial or necessary shall be in the form of either (i) an amendment, in the case of a permanent modification of this Easement, including but not by way of limitation, a clerical or technical correction or modification of a reserved right; or (ii) a discretionary approval, waiver or consent in the case of a temporary activity or impact relating to the maintenance or management of the Property which does not require a permanent modification of the Easement. All amendments and discretionary actions shall be subject to this section. Nothing in this section, however, shall require Owner or Holder to agree to any amendment or discretionary approval, consent, or waiver. 4.04 Other Rights of Holder. The items set forth below are also rights vested in Holder by this Easement. However, Holder, in its discretion, may or may not exercise them: (a) Signs. To install one or more signs within the Property identifying the interest of Holder or Beneficiaries in the Easement. However, such signs will not reduce the number or size of signs permitted to Owner under this Easement. Signs are to be of the customary size installed by Holder or Beneficiary, as the case may be, and must be installed in locations readable from the public right-of-way and otherwise reasonably acceptable to Owner. -10- (b) Proceedings. To assert a claim, defend or intervene in, or appeal, any proceeding under Applicable Law that (1) pertains to the impairment of Conservation Purposes; or (2) may result in a transfer, Improvement or use that violates the terms of this Easement. 4.05 Review. The following provisions are incorporated into any provision of this Easement that is subject to Review: (a) Notice to Holder. At least 30 days before Owner intends to begin or allow an Improvement, activity, or use that is subject to Review, Owner must notify Holder of the proposed change including with the notice such information as is reasonably sufficient to comply with Review Requirements and otherwise describe the proposal and its potential impact on the Conservation Purposes. (b) Notice to Owner. Within 30 days after receipt of Owner's notice, Holder must notify Owner of Holder's determination to (i) accept Owner's proposal in whole or in part; (ii) reject Owner's proposal in whole or in part; (iii) accept Owner's proposal conditioned upon compliance with conditions imposed by Holder; or (iv) reject Owner's proposal for insufficient information upon which to base a determination. If Holder gives conditional acceptance under clause (iii), commencement of the proposed Improvement, activity, or use constitutes acceptance by Owner of all conditions set forth in Holder's notice. (c) Failure to Notify. If Holder fails to notify Owner as required in the preceding subsection, the proposal set forth in Owner's notice is deemed disapproved. (d) Reasonableness Standard. Upon review, the phrase "unless Holder, without any obligation to do so," in relation to an approval or determination by Holder, means that, in that particular case, Holder's approval is wholly discretionary. Holder's approval is not to be unreasonably withheld. It is reasonable for Holder to disapprove a proposal that may adversely affect natural resources described in the Conservation Purposes or that is otherwise inconsistent with maintenance or attainment of Conservation Purposes. Owner and Holder shall act in good faith; shall follow a reasonableness standard; shall use their best efforts to act in a timely manner in any determinations that are necessary or are contemplated to be made (either separately or jointly) under this Easement; shall cooperate with one another; and shall take all other reasonable action suitable to these ends. 4.06 Costs and Expenses. Owner must pay or reimburse Holder's costs and expenses (including Losses, Litigation Expenses, allocated personnel costs, and reasonably incurred liabilities) in connection with: (a) enforcement (including exercise of remedies) under the terms of this Easement; and (b) response to requests by Owner for Amendment of this Easement. Owner may, before commencement of Holder's services, request an estimate of the costs and expenses Holder anticipates to incur in responding to Owner's request for any Amendment of this Easement. Owner is not responsible to reimburse costs and expenses arising from Holder's response to an inquiry or request by a Person other than Owner without Owner's approval. -11- ARTICLE '%' VIOLATION; REMEDIES 5.01 Violation. If Holder determines that the terms of this Easement are violated or that a violation is threatened or imminent, then the provisions of this section apply: (a) Notice. Holder must notify Owner of the violation. Holder's notice may include its recommendation of measures Owner must take to cure the violation and restore features of the Property damaged or altered as a result of the violation. (b) Opportunity to Cure. Owner's cure period expires thirty (30) days after the date of Holder's notice to Owner subject to extension for the time reasonably necessary to cure but only if all of the following conditions are satisfied: (i) Owner ceases the activity constituting the violation promptly upon receipt of Holder's notice; (ii) Owner and Holder agree, within the initial 30 -day period, upon the measures Owner will take to cure the violation; (iii) Owner commences to cure within the initial 30 -day period; and (iv) Owner continues thereafter to use best effot is and due diligence to complete the agreed upon cure. (c) Imminent Harm. No notice or cure period is required if circumstances require prompt action to prevent or mitigate irreparable harm or alteration to a nzitural resource or other feature of the Property described in the Conservation Purposes. 5.02 Remedies. Upon expiration of the cure period (if any) described in the preceding section, Holder may do one or more of the following: (a) Injunctive Relief. Seek injunctive relief to specifically enforce the terms of this Easement, to restrain present or future violations of the terms of this Easement, and/or to compel restoration of resources destroyed or altered as a result of the violation. (b) Civil Action. Recover from Owner or other Persons responsible for the violation all sums owing to Holder under applicable provisions of this Easement together with interest thereon from the date due at the Default Rate. These monetary obligations include, among others, Losses and Litigation Expenses. (c) Statutory. Bring a private right of action pursuant to the Arkansas Conservation Easement enforcement provision found at Ark. Code Ann. § 15-20-409, including all remedies available pursuant to that law. -12- 5.03 Modification or Termination. If the Easement is or is about to be modified or terminated by exercise of the power of eminent domain (condemnation) or adjudication of a court of competent jurisdiction sought by a Person other than Holder, the following provisions apply: (a) Compensatory Damages. Holder is entitled to collect from the Person seeking the modification or termination, compensatory damages in an amount equal to the increase in Market Value of the Property resulting from the modification or termination plus reimbursement of Litigation Expenses as if a violation had occurred. In the event of an extinguishment of the Easement, Holder is entitled to the greater of the compensation provided under this section or the compensation provided under any other provision of this Easement. (b) Restitution. Holder is entitled to recover from the Person seeking the modification or termination: (i) restitution of amounts paid for this Easement (if any) and any other sums invested in the Property for the benefit of the public as a result of rights vested by this Easement, plus (ii) reimbursement of Litigation Expenses. 5.04 Remedies Cumulative. The description of Holder's remedies in this Article V does not preclude Holder from exercising any other right or remedy that may at any time be available to Holder under this article or Applicable Law. If Holder chooses to exercise one remedy, Holder may nevertheless choose to exercise one or more of the other rights or remedies available to Holder at the same time or at any other time. 5.05 Waivers. Holder in its discretion may provide a Waiver if Holder determines that the Waiver will have no material effect on the Conservation Purposes. If Holder does not exercise a right or remedy when it is available to Holder, that is not to be interpreted as a Waiver of any non- compliance with the terms of this Easement or a Waiver of Holder's rights to exercise its rights or remedies at another time. 5.06 No Fault of Owner. Holder will waive its right to reimbursement under this Article V as to Owner (but not other Persons who may be responsible for the violation) if Holder is reasonably satisfied that the violation was not the fault of Owner, and could not have been anticipated or prevented by Owner by reasonable means. 5.07 Multiple Owners. (a) Multiple Lots. If different Owners own Lots within the Property, only Owners of the Lot in violation will be held responsible for the violation. (b) Single Lot. If more than one Owner owns the Lot in violation of the terms of this Easement, the Owners of the Lot in violation may be held jointly and severally liable for the violation regardless of the form of ownership. -13- ARTICLE VI MISCELLANEOUS 6.01 Notices. (a) Requirements. Each Person giving any notice pursuant to this Easement (each a "Notice") must give the Notice in writing and must use one of the following methods of delivery: (i) personal delivery; (ii) certified mail, return receipt requested and postage prepaid; or (iii) nationally recognized overnight courier, with all fees prepaid. Each time the term "Notify" is used herein, it shall be deemed to refer to sending a Notice in accordance with this article. (b) Address for Notices. Each Person giving a Notice must address the Notice to the appropriate Person at the receiving party at the address listed below or to another address designated by that Person by Notice to the other Person: If to Owner: City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 If to Holder: Northwest Arkansas Land Trust 1725 S. Smokehouse Trail Fayetteville, Arkansas 72701 6.02 Duty to update. Owners and Holder shall provide Notice to the other within thirty (30) days of a change in address specifying a new address for Notices. 6.03 Governing Law. The laws of the State of Arkansas govern this Easement. 6.04 Assignment and Transfer. Neither Owner nor Holder may assign or otherwise transfer any of their respective rights or duties under this Easement voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law or any other manner except as permitted below. Any purported assignment or transfer in violation of this section is void. (a) Notice Required. Not less than thirty (30) days prior to transfer of the Property or a Lot, Owner must notify Holder of the name(s) and address for notices of the Person who will become Owner following the transfer. At the time Holder is Notified of the transfer, Owner shall pay a $10 transfer fee to Holder. (b) Prior to Transfer. Owner authorizes Holder to (i) contact the Persons to whom the Property or Lot will be transferred, and other Persons representing Owner or the prospective transferees to discuss with them this Easement and, if applicable, other pertinent documents; and (ii) enter the Property to assess compliance with this Easement. -14- (c) Ending Continuing Liability. If Holder is not notified per this section's requirement, it is not the obligation of Holder to determine whether a violation first occurred before or after the date of the transfer. The pre -transfer Owner continues to be liable on a joint and several basis with the post -transfer Owner for the correction of violations under this Easement until such time as Holder is given the opportunity to inspect and all violations noted in Holder's resulting inspection report are cured. (d) Subsequent Deeds and Transfers. This easement must be incorporated by reference in any deed or other legal instrument by which Owner conveys any interest in the Property, including without limitation, a leasehold or mortgage interest. The failure of Owner to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 6.05 Burdens; Benefits. This Easement binds and benefits Owner and Holder and their respective personal representatives, successors, and assigns. (a) Binding on All Owners. This Easement vests a servitude running with the land binding upon Owner and, upon recordation in the Public Records, all subsequent Owners of the Property or any portion of the Property are bound by its terms whether or not Owners had actual notice of this Easement and whether or not the deed of transfer specifically referred to the transfer being under and subject to this Easement. (b) Rights Exclusive to Holder. Except for rights of Beneficiaries (if any) under this Easement, only Holder has the right to enforce the terms of this Easement and exercise other rights of Holder. Owners of Lots within the Property do not have the right to enforce the terms of this Easement against Owners of other Lots within the Property. Only Owners of the Lot that is the subject of a request for Review, Waiver, Amendment, interpretation, or other decision by Holder have a right to notice of, or other participation in, such decision. 6.06 Documentation Requirements. (a) Between Holder and Owner. No Amendment, Waiver, approval after Review, interpretation, or other decision by Holder is valid or effective unless it is in writing and signed by an authorized signatory for Holder. This requirement may not be changed by oral agreement. The grant of an Amendment or Waiver in any instance or with respect to any Lot does not imply that an Amendment or Waiver will be granted in any other instance. (b) Between Holder and Assignee. Any assignment of Holder's rights under this Easement, if otherwise permitted under this Easement, must be in a document signed by both the assigning Holder and the assignee Holder. The assignment document must include a covenant by which the assignee Holder assumes the covenants and other obligations of Holder under this Easement. The assigning Holder must deliver the Baseline Documentation Report and such other documentation in Holder's possession reasonably needed to uphold the Conservation Purposes. 6.07 Severability. If any provision of this Easement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Easement remain valid, binding and enforceable. -15- To the extent permitted by Applicable Law, the parties waive any provision of Applicable Law that renders any provision of this Easement invalid, illegal or unenforceable in any respect. 6.08 Counterparts. This Easement may be signed in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one document. 6.09 Guides to Interpretation. (a) Captions. Except for the identification of defined terms in the Glossary, the descriptive headings of this Easement are for convenience only and do not constitute a part of this Easement. (b) Glossary. If any term defined in the Glossary is not used in this Easement, the defined term is to be disregarded as surplus material. (c) Other Terms. (i) The word "including" means "including but not limited to". (ii) The words "must" and "shall" are obligatory; the word "may" is permissive and does not imply any obligation. (d) Conservation Easement Act. This Easement is intended to be interpreted so as to convey to Holder all of the rights and privileges of a Holder of a conservation easement under the Arkansas Conservation Easement Act, Ark. Code. Ann. § 15-20-401 et seq., and any amendments, replacements, or successors to that law. (e) Restatement (Third) of the Law of Property: Servitudes. This Easement is intended to be interpreted so as to convey to Holder all of the rights and privileges of a Holder of a conservation servitude under the Restatement (Third) of the Law of Property, to the extent that Arkansas law or other Applicable Law does not provide sufficient guidance. 6.10 Entire Agreement. This is the entire agreement of Owner, Holder, and Beneficiaries (if any) pertaining to this Easement. The terms of this Easement supersede in full all negotiations, agreements, statements and writings between Owner, Holder and others pertaining to this transaction. 6.11 Incorporation by Reference. Each exhibit attached to this Easement is incorporated herein by this reference. The Baseline Documentation Report (whether or not attached to this Easement) is incorporated herein by this reference. 6.12 Jurisdiction; Venue. Holder and Owner submit to the exclusive jurisdiction of the courts of the State of Arkansas located in Washington County and agree that any legal action or proceeding relating to this Easement may be brought only in the courts located in such county. -16- ARTICLE VII. GLOSSARY As used herein, the following terms will have the meanings set out in this article. 7.01 Access Drive(s). Roads, drives or lanes providing vehicular access to or located within the Property. 7.02 Additional Improvements. All buildings, structures, facilities and other Improvements within the Property, whether temporary or permanent, other than Existing Improvements. 7.03 Agricultural Improvement. An Improvement used or usable in furtherance of Agricultural uses such as a barn, stable, silo, spring house, green house, hoop house, riding arena (whether indoor or outdoor), horse walker, manure storage pit, storage building, farm stand, feeding and irrigation facilities. 7.04 Agricultural or Agriculture. Any one or more of the following and the leasing of land for any of these purposes: (i) Commercial use of the land for the production of forage, grain, and field crops; vegetables, fruits, seeds, nuts, and other plant products; mushrooms; animals and their products; (ii) Production of nursery stock and sod to be removed and planted elsewhere; (iii) The storage of plant and animal products produced on the Property; (iv) The piling or composting of the residues of plant or animal production occurring on the Property for sale or subsequent use in plant or animal production; (v) Boarding, stabling, raising, feeding, grazing, exercising, riding, and training horses and instructing riders. 7.05 Amendment. An amendment, modification or supplement to this Easement signed by Owner and Holder and recorded in the Public Records. The term "Amendment" includes an amendment and restatement of this Easement. 7.06 Applicable Law. Any federal, state or local laws, statutes, codes, ordinances, standards and regulations applicable to the Property, this Easement as amended through the applicable date of reference. If this Easement is intended to meet the requirements of a qualified conservation contribution, then applicable provisions of the Code and the Regulations are also included in the defined term. 7.07 Beneficiary. A Person given rights under the terms of the Easement (other than Owner or Holder). 7.08 Best Management Practices. A series of guidelines or minimum standards (sometimes referred to as BMP's) recommended by federal, state, and/or county resource management agencies for farming and forestry operations; for preventing and reducing pollution of water resources and other disturbances of soil, water, and vegetative resources; and for protecting wildlife habitats. 7.09 Code. The Internal Revenue Code of 1986, as amended through the applicable date of reference. -17- 7.10 Conservation Easement Act. The Arkansas Conservation Easements Act (Ark. Code Ann. § 15-20-401 et seq.) as amended through the applicable date of reference. 7.11 Construction. Any demolition, construction, re -construction, expansion, exterior alteration, installation or erection of temporary or permanent Improvements. This term does not include dredging, mining, filling or removal of gravel, soil, rock, sand, coal, petroleum or other minerals. 7.12 Default Rate. An annual rate of interest equal at all times to two percent (2.0%) above the "prime rate" announced from time to time in The Wall Street Journal; provided, however, that the Default Rate shall never exceed the maximum rate allowed under Applicable Law. 7.13 Dwelling Unit. The use or intended use of an Improvement or portion of an Improvement for human habitation by one or more Persons (whether or not related). Existence of a separate kitchen accompanied by sleeping quarters is considered to constitute a separate Dwelling Unit. 7.14 Environmental Laws. Any and all federal, state, local, or administrative agency statutes, regulations, rules, codes, ordinances or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) regarding air, water, solid waste, hazardous materials, petroleum products, worker and community right -to - know, hazard communication, radioactive material, resource protection, wetlands and watercourses, health protection and similar environmental health, safety, building and land use laws and regulations as may now or at any time hereafter be in effect. 7.15 Existing Servitude. Easements and other servitudes affecting title to the Property (other than a Lien) accorded priority to the Easement by notice in the Public Records. 7.16 Existing Improvements. All buildings, structures, facilities and other improvements, whether temporary or permanent, located on, above or under the Property as of the Easement Date as identified in the Baseline Documentation Report. 7.17 Forestry. Planting, growing, nurturing, managing and harvesting trees whether for timber and other useful products or for water quality, wildlife habitat and other Conservation Purposes. 7.18 Habitat Management Plan. A record of the decisions and intentions of Owner prepared by a qualified resource management professional for the purpose of protecting natural resources that the Conservation Purposes aim to protect during certain operations potentially affecting those resources. It includes a resource assessment, identifies appropriate performance standards (based upon Best Management Practices where available and appropriate), and projects a multi-year description of planned activities for operations to be conducted in accordance with the plan. 7.19 Height. The vertical elevation of an Improvement measured from the average exterior ground elevation of the Improvement to a point, if the Improvement is roofed, midway between the highest and lowest points of the roof, excluding chimneys, cupolas, ventilation shafts, weathervanes and similar protrusions, or, if the Improvement is unroofed, the top of the Improvement. 7.20 Impervious Coverage. The footprints (including roofs, decks, stairs, and other extensions) of Improvements; paved or artificially covered surfaces such as crushed stone, gravel, concrete, and asphalt; impounded water (such as a man-made pond); and compacted earth (such as an unpaved roadbed). Also included in Impervious Coverage are green roofs and porous pavement surfaces. Excluded from Impervious Coverage are running or non -impounded standing water (such as a naturally occurring lake), bedrock and naturally occurring stone and gravel, and earth (whether covered with vegetation or not) so long as it has not been compacted by non -naturally occurring forces. 7.21 Improvement. Any Existing Improvements or Additional Improvements. 7.22 Invasive Species. A plant species that is (a) Non -Native Species to the ecosystem under consideration; and (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. In cases of uncertainty, published atlases are to be used to identify Invasive Species. 7.23 Lien. Any mortgage, lien or other encumbrance securing the payment of money. 7.24 Litigation Expense. Any filing fee or cost associated with any court or administrative review body, arbitration fee or cost, witness fee and every other fee and cost of investigating, defending, appealing, or asserting any claim of violation or for indemnification under this Easement including in each case, attorneys' fees, other professionals' fees, and disbursements. 7.25 Losses. Any liability, loss, claim, settlement payment, cost, expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge other than a Litigation Expense. 7.26 Lot. A unit, lot, or parcel of real property separated or transferable for separate ownership or lease under Applicable Law. 7.27 Low Impact Development. Practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stonnwater in order to protect water quality and associated aquatic habitat. 7.28 Management Contract. An agreement Owner or Holder may enter into with any designated third party to manage the Property in such a way so as to fulfill the intents and purposes of this Easement. 7.29 Market Value. The fair value that a willing buyer, under no compulsion to buy, would pay to a willing seller, under no compulsion to sell as established by appraisal in accordance with the then -current edition of Uniform Standards of Professional Appraisal Practice issued by the Appraisal Foundation or, if applicable, a qualified appraisal in conformity with 26 C.F.R. § 1.170A- 13. -19- 7.30 Native Species. A plant or animal indigenous to the locality under consideration. In cases of uncertainty, published atlases are to be used to establish whether or not a species is native. 7.31 Non -Native Species. A plant or animal that is not indigenous (alien) to the locality under consideration. In cases of uncertainty, published atlases are to be used to establish whether or not a species is non-native. 7.32 Open Space. Open Space is any open piece of land that is undeveloped and helps enhance the beauty and environmental quality of a community for the benefit of the general public. 7.33 Owner/Ownership. Owner and all Persons after them who hold an interest in the Property. 7.34 Person. An individual, organization, trust, government or other entity. 7.35 Public Records. The public records of the office for the recording of deeds in and for the county in which the Property is located. 7.36 Qualified Organization. A governmental or non-profit entity that (a) is established as a public charity for the purpose of preserving and conserving natural resources, natural habitats, environmentally sensitive areas and other charitable, scientific and educational purposes; (b) meets the criteria of a qualified organization under the Regulations; and (c) is duly authorized to acquire and hold conservation easements under Applicable Law. 7.37 Regulations. The provisions of 26 C.F.R. §1.170A-14, and any other regulations promulgated under the Code that pertain to qualified conservation contributions, as amended through the applicable date of reference. 7.38 Regulatory Signs. Signs (not exceeding one square foot each) to control access to the Property or for informational, directional, or interpretive purposes. 7.39 Residential Improvement. Dwelling and Improvements accessory to residential uses such as garage, swimming pool, pool house, tennis court, and children's play facilities. 7.40 Review. Review and approval of Holder under the procedure described in Article IV. 7.41 Review Requirements. Collectively, any plans, specifications or information required for approval of the activity, use or Construction under Applicable Law (if any) plus (a) the information required under the Review Requirements incorporated into this Easement either as an exhibit or as part of the Baseline Documentation Report or (b) if the information described in clause (a) is inapplicable, unavailable or insufficient under the circumstances, the guidelines for Review of submissions established by Holder as of the applicable date of reference. 7.42 Riparian Buffer. Land adjacent to a stream, river or other water body -20- 7.43 Site Improvement. An unenclosed Improvement such as an Access Drive, Utility Improvement, walkway, boardwalk, retention/detention basin or other storm water management facility, well, septic system, bridge, parking area or other pavement, lighting fixture, sign, fence, wall, gate, man-made pond, berm, and landscaping treatment. 7.44 Steep Slope Area. Areas greater than one (1) acre having a slope greater than fifteen percent (15%). 7.45 Subdivision. Any division of the Property or any Lot within the Property; and any creation of a unit, Lot or parcel of real property, including subsurface portions of the Property, for separate use or Ownership by any means including by lease or by implementing the condominium form of Ownership. 7.46 Sustainable. Land management practices that provide goods and services from an ecosystem without degradation of biodiversity and resource values at the site and without a decline in the yield of goods and services over time. 7.47 Top of Bank. The point closest to the boundary of an active floodplain or stream channel. 7.48 Utility Improvement. Improvement for the reception, storage, or transmission of potable water, storm water, sewage, electricity, gas and telecommunications or other sources of power. 7.49 Waiver. A written commitment by which Holder, without any obligation to do so, agrees to refrain from exercising one or more of its rights and remedies for a specific period of time with respect to a specific set of circumstances if Holder is satisfied that the accommodation will have no material effect on Conservation Purposes. 7.50 Wet Area. Watercourse, spring, wetland and non -impounded standing water and areas within one hundred (100) feet of their edge. [REMAINDER OF PAGE INTENTIONALLY BLANK] -21- INTENDING TO BE LEGALL'' BOUND, eacfi of Owner -ate Holder, by its duly authorized representative, have signed and delivered this Easement as of the Easement Date. .@. ► Lioneld Jordan, Mayor ACKNOWLEDGEMENT STATE OF ARKANSAS ) ss COUNTY OF ) On this day of 2020, before me, a Not Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named LIONELD JORDAN (being the person or persons authorized by said entity, to execute such instrument, stating their respective capacities in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that they were the Mayor of the CITY OF FAYETTEVILLE, ARKANSAS, a duly constituted municipality under the laws of the State of Arkansas, and were duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF I have hereunto set my hand and seal, this the day of .2020. My Commission Expires: Notary Public INTENDING TO BE LEGALLY BOUND, each of Owner and Holder, by its duly authorized representative, have signed and delivered this Easement as of the Easement Date. WITNESS: HOLDER: NORTHWEST ARKANSAS LAND TRUST, an Arkansas non-profit corporation ,W14L� Jas ns, secretary/Treasurer Elle e inns. Preside ACKNOWLEDGEMENT STATE OF ARKANSAS ) ss COUNTY OF ) r° On thisQ day of � t�2020, before me, I� 56A-ir-4/1,, a Notary Public within and for the County an State aforesaid, duly commissioned, qualified and acting, appeared the within named EILEEN JENNINGS and JASON EVINS, to me personally well known (or satisfactorily proven to be such persons), who stated and acknowledged that they were the President and Secretary/Treasurer, respectively, of NORTHWEST ARKANSAS LAND TRUST, an Arkansas non-profit corporation, duly authorized as such officers to execute the foregoing instrument for and in the name and behalf of said corporation and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal as such Notary Public on this the 3'0 day of 6Lnda-0- , 2020. My Commission Expires: LEAH SAFFIAN Notary Public NOTARY PUBLIC WASHINGTON COUNTY, ARKANSAS COMM, EXP. JULY 11, 2029 COMMISSION NO, 12708507 -23- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE1/4) and a part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NEI/4) of Section Fourteen (14) Township Sixteen (16) North, Range Thirty -One (3 1) West, of the 5th Principle Meridian, Washington County, Arkansas and being more particularly described as follows: Beginning at a point South 02°51"40" West 265.61 feet and South 87°42'10" East 64.90 feet from the Northwest corner of said Northwest Quarter (NW 1/4), Northeast Quarter (NE 1/4); Thence South 87°41'22" East a distance of 138.60 feet to the beginning of a curve to the left, said curve having a radius of 288.50 feet and a central angle of 31°47'27" and a chord bearing and distance of North 76°24'55" East 158.03 feet; Thence along said curve a distance of 160.08 feet to the point of tangent; Thence North 60°31'11" East a distance of 320.50 feet to the southerly line of a water and sewcr easement filed as 0023-00172 Washington County Circuit Clerk; Thence along said southerly easement line South 87°42'12" East a distance of 678.40 feet to a point; Thence leaving said easement southerly line South 02°36'15" West a distance of 868.55 feet to a point; Thence North 87°42'04" West a distance of 129.83 feet to a point; Thence South 03°00'08" West a distance of 711.16 feet to a point; Thence North 88°32'12" West a distance of 1103.86 feet to the Easterly right-of-way 54th Street; Thence along said right-of-way North 02°30'58" East a distance of 1383.71 feet to the point of beginning, having an area of 41.10 acres more or less. Subject to any rights-of-way of roads or easements of record. EXHIBIT B GRAPHIC DEPICTION OF THE PROPERTY IA--. I sw'.M YJV ',4, 4? ',A °" 7s s 6742'10• E 64.BQ -25- ' N L= 53.6'• =Rstwhc i STREETROW _ — 3Yr ` �b1 I.. -RIM q m S 87'42'12" E ' 678.40' L = 31 "4 7'27" cn R = 288,50' N L = 160.08' CHORD: N 76°24'55° E S 87°41'22" E 158.03' a l 138.60' Z Total Area 0 g ^' 41.10 Ades i cn tnl Q m �,' ��o N 87°42'04" W m "I M 129,83' m zs Nw,6 s co 78(y16201�1 0 Cly of Fheaevle w o . . 0 , J • 1tiQ imp. rn r N 88°32'12" W 1103.86' e sc;a� !^20' MiN j vaa 1, -25- WWTP 0 560 F4, All Site Plan PERSIMMON Feet � immon Street Ma r � FAV ETTEVILLE P sten StreetP APBAr,BA6 tan PERSIMMON OOaflpn RSF-8 J , Z ��..1' l.tl�iCL71�1L (iv1l3J POISON SPRING},M - a P OLDHAM S I 1 L l l« �fv'M Z WALES --.-.. DOT TIPTON CRO T aOG N _ sd F ` ♦ v �' \ .. - d ... is . ed sT .. _ SHALOTT Aill 3t SELLERSgo - -� '' ., „ �I ,. Proposes Conserval on Area Y � ; il. �°.r � �� � ,� •I� J � Proposed SolerArray - � + � WWTP Future Facll'ry Expenslon W _ • • Woolsey Hstaric Fe:m steatl OI Woolsey Wet Prairie Woolsey �� Woolsey Working Farm Earm n Street Master Street Plan LocMV ' - /� Pro PerlY Line '---------------WOOLS€X-FARM--_—----------- >+ Zoning NSF-B Residential Single-Famlly-BUnits P,,Aore RESOLUTION NO. 235-13 A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS WHEREAS, during the construction for the West Side Wastewater Treatment Facility, the Woolsey Wet Prairie was constructed to create an historical wetlands and to mitigate the wetlands loss caused by the construction of the treatment plant, new lift stations, and miles of new sewer mains; and WHEREAS, the Woolsey Wet Prairie did not even need to be planted with historical wetland prairie plants which instead sprouted from long dormant seeds once the wetland prairie was restored with berming and water controls; and WHEREAS, after the great success in restoring about 44 acres of wet prairie, the Mayor, City Council and City Staff determined in 2009 to expand the Woolsey Wet Prairie to about another 80 acres and funded this construction through the CIP for $350,000.00 in 2011; and WHEREAS, the Corps of Engineers has finally granted the City the approval to use credits from the expanded Woolsey Wet Prairie as mitigation credits for City projects (but will not now allow sale of these credits to outside agencies). 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 reaffirms the City Council's support for the expansion of the Woolsey Wet Prairie for about 80 additional acres to create a wetlands bank to be used for City projects and, if later approved by the Corps of Engineers, to be sold to other agencies to recover the costs of construction of this addition to the Woolsey Wet Prairie. PASSED and APPROVED this 19th day of November, 2013 APPROVED: r. , ATTEST: " :FAYEiTEVILLE°�'O= �fff S� ° 4'h -A NSP J ,fie. �r r O •f 0 By: llama SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0108 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 6 NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE WEST SIDE WASTEWATER TREATMENT FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a three year Contract for Habitat Restoration and Management with the Northwest Arkansas Land Trust in the total amount of $188,215.00 for the preservation of the West Side Prairie near the West Side Wastewater Treatment Facility. A copy of the agreement is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0108 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/30/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Contract for Habitat Restoration and Management of West Side Prairie between the City of Fayetteville, Arkansas and Northwest Arkansas Land Trust in an amount not to exceed $188,215.00 for a term of three years. V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Budget Impact: 5400.730.5800-5314.00 Water and Sewer Account Number Fund 11013.1 Wetlands Bank Construction Project Number Project Title Budgeted Item? Yes Current Budget $ 350,000.00 Funds Obligated $ - Current Balance 350,000.00 Does item have a cost? Yes Item Cost $ 188,215.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: January 30, 2020 CITY COUNCIL MEMO SUBJECT: Northwest Arkansas Land Trust — Habitat Restoration and Management of Woolsey Wet Prairie RECOMMENDATION: Staff recommends the approval of a Contract for Habitat Restoration and Management of West Side Prairie between the City of Fayetteville, Arkansas and Northwest Arkansas Land Trust in an amount not to exceed $188,215.00 for a term of three years. BACKGROUND: Staff has requested a conservation easement for approximately 41 acres of environmentally sensitive prairie habitat near the West Side wastewater treatment facility. This area, known as the West Side Prairie, requires habitat restoration and management services in order to retain its environmental value. DISCUSSION: Due to their expertise in habitat restoration and management, Northwest Arkansas Land Trust was selected to perform these services on behalf of the City of Fayetteville. Services to be provided include: • Accurately assess the site for ecological values and integrity and create a written management plan to guide habitat restoration and management activities. • Use adaptive restoration strategies to restore the site to native tall grass prairie and savannah habitat. • Use adaptive management strategies to properly manage habitat for native tall grass prairie and savannah species. • Install and manage appropriate infrastructure for public access. • Administer and manage work schedules, vendors, and contractors, and coordinate with proper City of Fayetteville staff. This proposed contract would commence for a term of three years with a not -to -exceed amount of $188,215.00 for the term. Staff recommends the approval of the contract with Northwest Arkansas Land Trust to provide habitat restoration and management services for the West Side Prairie. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Wetlands Bank Construction account within the Water and Sewer fund. Attachments: Contract for Habitat Restoration and Management Scope of Services CONTRACT FOR HABITAT RESTORATION AND MANAGEMENT OF WEST SIDE PRAIRIE BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND NORTHWEST ARKANSAS LAND TRUST WHEREAS, City of Fayetteville, Arkansas is the owner of property known as West Side Prairie located in Fayetteville, Arkansas and; WHEREAS, the City of Fayetteville, Arkansas desires to contract for Habitat Restoration and Management services for West Side Prairie and; WHEREAS, Northwest Arkansas Land Trust was selected to perform Habitat Restoration and Management services for the City of Fayetteville, Arkansas at West Side Prairie and; WHEREAS, Northwest Arkansas Land Trust is a local, accredited land trust with expertise in habitat restoration and management, public access infrastructure and maintenance, and who follows current standards and practices as established by the Land Trust Accreditation Commission to help ensure, among other things, the proper stewardship and permanence of lands protected by conservation easements and; WHEREAS, the City Council of Fayetteville, Arkansas has approved a contract with Northwest Arkansas Land Trust for Habitat Restoration and Management of West Side Prairie, NOW THERFORE: In consideration of the mutual promises contained in this Agreement and other good and valuable consideration, 1. Agreement is made this day of 2020 between the City of Fayetteville, Arkansas located at 113 W. Mountain, Fayetteville, Arkansas 72701 and the Northwest Arkansas Land Trust located at 1725 S. Smokehouse Trail, Fayetteville, Arkansas 72701. Term: This agreement shall be for a term of three (3) years. This contract may be cancelled by either party within 30 days of written notice. 2. Renewals: This agreement may be renewed for additional terms with mutual agreement of the parties. 3. Appendix and Attachments: The Contract documents which comprise this contract between the City of Fayetteville and Northwest Arkansas Land Trust consist of this Contract and the following documents attached hereto, and made part thereof: a. Appendix A- Northwest Arkansas Land Trust Scope of Services for Restoration and Management of West Side Prairie b. Attachment A- Survey and Legal Description of West Side Prairie 4. Services to be Provided: During the terms of the Agreement, Northwest Arkansas Land Trust shall: • Accurately assess the site for ecological values and integrity and create a written management plan to guide habitat restoration and management activities. ® Use adaptive restoration strategies to restore the site to native tall grass prairie and savannah habitat. • Use adaptive management strategies to properly manage habitat for native tall grass prairie and savannah species. • Install and manage appropriate infrastructure for public access. o Administer and manage work schedules, vendors, and contractors, and coordinate with proper City of Fayetteville staff. 5. Fees and Expenses: The City of Fayetteville agrees fees for service shall be paid upon invoice as follows: Services shall be invoiced for each quarter not to exceed $188,215.00 for the term. Northwest Arkansas Land Trust will track and report all expenses related to this Agreement along with the invoice for payment for each quarter. Invoices shall be itemized. 6. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, or overnight courier. 7. Applicable Law: The Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. 8. Entire A reement: This Agreement sets forth the entire agreement and understanding of the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. 9. Amendments and Waivers: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change of scope, cost or fees. No modification of this Agreement shall be binding unless made in writing and executed by both parties. No waiver by either party or any breach or obligation of the other party under this Agreement shall constitute a waiver or any other of any other prior or subsequent breach or obligation. 10. Deliverables: Northwest Arkansas Land Trust shall provide the following deliverables. One: Project Initiation Northwest Arkansas Land Trust will meet with City Staff, subcontractor, and key stakeholders identified by either party to discuss final scope of work, project goals, and prepare a working timeline for restoration and management activities. Northwest Arkansas Land Trust will meet with appropriate City of Fayetteville staff to set goals and outcomes for future public access and establish communication protocols. Deliverables: Meeting Notes, Final Scope of Work, Working Project Schedule Two: Site Assessment, Restoration and Mannement Plan Northwest Arkansas Land Trust will collect baseline ecological data through collection of previous species accounts (as available), a community botanical focused BioBlitz, and formal surveys as necessary. With these data, Northwest Arkansas Land Trust will produce a habitat restoration and management plan for West Side Prairie. Deliverables: Baseline Ecological Report, Habitat Restoration and Management Plan Three: Adaptive Restoration of Westside Prairie Using the Habitat Restoration and Management Plan as a guide, Northwest Arkansas Land Trust will implement best management practices to restore native tall grass prairie and savannah habitats on site. These practices may include but are not limited to mechanical and chemical removal/control of nonnative and invasive species, prescribed fire, removal of nonnative and invasive species along hedgerows, and reseeding with native plants if necessary. Northwest Arkansas Land Trust will conduct seasonal surveys for nesting birds before restoration activities begin as necessary. Deliverables: Site Restoration, Herbicide Application Report, Nesting Bird Survey Report Four: Adaptive Habitat Management Using the Habitat Restoration and Management Plan as a guide, Northwest Arkansas Land Trust will implement best management practices to manage the habitat at West Side Prairie. Because of the adaptive nature of the restoration and management process, tasks Three and Four will be conducted in tandem. Northwest Arkansas Land Trust will employ a variety of plant management techniques to control nonnative and invasive plant species on the site. Routine habitat management shall include but not be limited to spot treating with herbicides, mulching, prescribed fire, and top cutting for seed control. Northwest Arkansas Land Trust will not engage in any activities requiring the climbing of trees and will leave existing hedgerows largely intact as wildlife habitat and to delineate the site. Northwest Arkansas Land Trust will survey and conduct a botanical and ecological assessment twice annually. These surveys will typically be conducted in May and September each year. Northwest Arkansas Land Trust will compile data and produce a report for the City after each of these surveys. Deliverables: Adaptive Habitat Management, Biannual Ecological/Botanical Reports Five: Installation of Public Access Infrastructure Northwest Arkansas Land Trust will coordinate with the City to produce a Public Access Plan for West Side Prairie. This plan will be site specific and limited to pedestrian traffic only. Northwest Arkansas Land Trust will design and install a 4 -car low impact parking area at a location to be determined by City of Fayetteville staff, design and install a sustainable natural surface trail system, and install interpretive signs as appropriate and with approval of City of Fayetteville staff. Deliverables: Public Access Plan, Low Impact Parking Area, Natural Surface Trails, Kiosks and Interpretive Signs 3 Six: Management of Public Access Northwest Arkansas Land Trust will maintain trails and parking area as necessary, including but not limited to routine mowing, spot treating invasive species, and collecting litter. Deliverables: Maintained Trails, Maintained Parking Area, Litter Pickup. Seven: Administration and Project !Management Northwest Arkansas Land Trust will manage and administer all project tasks including but not limited to coordination with the City, coordination and oversight of contracted work, vendors, and suppliers, updating the project schedule, and providing progress reports as requested. Deliverables: Administration of Habitat Restoration, Habitat Management, Public Access Implementation, and Public Access Management. The City recognizes that conditions on the ground may dictate timing and order of the aforementioned tasks and deliverables. Northwest Arkansas Land Trust is committed to the proper and sustainable restoration and management of West Side Prairie. 11. Contract Administration: The Mayor or his/her Designated Representative shall be the Contract Administrator for this contract. The Northwest Arkansas Land Trust Executive Director or her/his Designated Representative shall be the primary contact for all matters pertaining to this contract. Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Northwest Arkansas Land Trust will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, the parties have executed this Agreement. Northwest Arkagsas Land Trust B Date: 2- 0 Terri Lane, xecutive Director Witness: - --- Date: J —7kd /Z) - Marson Nance, Director of Land Protection & Stewardship 4 The City of Fayetteville, Arkansas By: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk/Treasurer Date; Date: Northwest Arkansas Land Trust 1725 S. Smokehouse Trail Fayetteville, AR 72701 (479) 966-4666 Scope of Services for City of Fayetteville, Arkansas (Revised May 28, 2019) Westside Prairie Restoration and Management t* NORTHWEST ARKANSAS LAND TRUST The Northwest Arkansas Land Trust (NWALT) is pleased to provide this Scope of Services to The City of Fayetteville, Arkansas (City) for restoration and management of the West Side Prairie tract located north of the Westside Water Treatment Facility on City owned property. West Side Prairie is a remnant of relatively undisturbed tallgrass prairie and part of a larger mosaic of sustainable practices which include a wetland mitigation site and solar arrays. The conservation of this prairie remnant will be an important addition to the existing facilities and will provide ecosystem services such as carbon sequestration, wildlife habitat, and stormwater management. The goals for this project are: 1. Restore the native prairie. 2. Manage habitat for native plant and animal species. 3. Create low impact public access infrastructure. This Scope has 3 major components: Ecosystem Restoration, Habitat Management, and Public Access Management. Initial Restoration is anticipated to last 3 seasons, with work transitioning into full time routine site maintenance. Many Restoration and Routine Maintenance tasks outlined below will happen in tandem. The attached budget is reflective of this necessity. Task 1 PROJECT INITIATION 1.1 Project Kickoff Meeting NWALT will meet with City Staff, subcontractor, and key stakeholders identified by NWALT and/or the City to discuss final scope of work, project goals, and prepare a working timeline for restoration and management activities. NWALT and City Staff will also set goals and outcomes for future public access and establish communication protocols. 1.2 Final Scope and Project Schedule Information gathered from the kickoff meeting and subsequent correspondence will be used to finalize the Scope of Work and Schedule of Activities. DELIVERABLES: Meeting Notes, Final Scope of Work and Project Schedule Task 2 SITE ASSESMENT AND RESTORATION/MANAGEMENT PLAN 2.1 Site Assessment and Baseline Ecological Survey NWALT will collect baseline ecological data through collection of previous species accounts (as available), a community botanical focused BioBlitz, and formal surveys as necessary. 2.2 Restoration and Management Plan NWALT will collaborate with Arkansas Natural Heritage Commission to create a habitat restoration and management plan for the site. DELIVERABLES: Baseline Ecological Report, Habitat Restoration and Management Plan Task 3 ADAPTIVE RESTORATION OF HISTORIC PRAIRIE 3.1 Nesting Bird Survey Prior to any restoration of the site, NWALT will conduct a survey for nesting birds to avoid take under the Migratory Bird Treaty Act. If nesting birds are observed, NWALT will delineate suitable buffers for these species until nests are deemed inactive. 3.2 Initial Herbicide Application NWALT will conduct an initial herbicide application targeting invasive and exotic graminoids. 3.3 Invasive Woody Plant Removal, Tree Trimming, and Deadwood Removal NWALT will mechanically remove invasive and exotic woody plants along fencerows and throughout site. NWALT will trim damaged trees and remove deadwood from site. 3.4 Installation of Fire Lines NWALT will create fire lines on site in anticipation of planned prescribed burns. 3.5 Prescribed Fire- Annually for 3 years NWALT in coordination with Arkansas Game and Fish Commission will conduct 3 annual prescribed burns over the entire site in fall. 3.6 Reseeding if Necessary As part of an adaptive restoration strategy, NWALT will take a "wait and see" approach before conducting any reseeding efforts. It is anticipated that many native plant species will return without further reseeding of the site with native species. If botanical surveys indicate the need for additional seeding to promote greater biodiversity of the site, NWALT will reseed with native plants. Reseeding would occur in 2020 at the earliest. DELIVERABLES: Nesting Bird Survey Report, Site Restoration, Herbicide Application Report Task 4 ADAPTIVE HABITAT MANAGEMENT 4.1 Routine Site Maintenance In keeping with an adaptive approach to habitat management, NWALT will employ a variety of plant management techniques to control invasive and exotic plant species on the site. Routine maintenace shall include but not be limited to spot treating with herbicides, mulching, and top cutting for seed control. NWALT will not engage in any activities requiring the climbing of trees, and will leave existing hedgerows largely intact as wildlife habitat and to delineate the site. 4.2 Prescribed Fire NWALT will conduct and/or oversee prescribed burning of the site every 4 to 6 years or as necessary to control the growth and spread of invasive and exotic plant species. Burns will typically be scheduled for the fall of the year. 4.3 Biannual Botanical/Ecological Assessment NWALT will survey and conduct a botanical and ecological assessment twice annually. These surveys will typically be conducted in May and September each year. NWALT will compile data and produce a report for the City after each of these surveys. DELIVERABLES: Adaptive Habitat Management, Biannual Reports Task 5 INSTALLATION OF PUBLIC ACCESS INFRASTRUCTURE NWALT welcomes the opportunity to install and manage Public Access at Westside Prairie. Task 5 outlines work for basic, low impact public access on the site. NWALT anticipates the opening of the site to public access in 2020. 5.1 Public Access Plan NWALT will coordinate with the City to produce a Public Access Plan for the site. This plan will be site specific and limited to pedestrian traffic only. 5.2 Installation of Low Impact Parking Area NWALT will install a low impact parking area for 4 vehicles in keeping with current best management practices for such installations. 5.3 Installation of Natural Surface Trails NWALT will install mowed natural surface trails in accordance with the approved Public Access Plan. Trails will consist of 4' paths of mowed vegetation and shall not be paved. NWALT may consider the use of mulch or gravel in locations which are seasonally wet, or where heavy foot traffic prevents the growth of vegetation. 5.4 Installation of Kiosks and Interpretative Signage In coordination with the City, NWALT will design, produce, and install kiosks and interpretive signs in keeping with the approved Public Access Plan. DELIVERABLES: Public Access Plan, Low Impact Parking Area, Natural Surface Trails, Kiosks and Interpretive Signs Task 6 MANAGEMENT OF PUBLIC ACCESS 6.1 Routine Maintenance of Trails and Parking Area NWALT will maintain trails and parking area as necessary, including but not limited to routine mowing, spot treating invasive species, and collecting litter. DELIVERABLES: Maintained trails, maintained parking area, litter pickup Task 7 ADMINISTRATION AND PROJECT MANAGEMENT 7.1 Administration and Management NWALT will manage and administer all project tasks including but not limited to coordination with the City, coordination and oversight of contracted work, vendors, and suppliers, updating the project schedule, and providing progress reports as requested. Project Cost Estimate- Based on 3 Years of Restoration and Maintenance Activities Task Number Action(s) Fee Estimate 1 Project Initiation $0 2 Site Assessment/Restoration & Management Plan $1,000 3 Adaptive Restoration $92,895 4 Adaptive Habitat Management $57,820 5 Public Access Infrastructure $18,000 6 Maintenance of Public Access $4,500 7 Project Management/Admin $14,000 Annualized costs: $62,738.33. Note: After 3 Year Adaptive Habitat Restoration is complete, estimated fees for Routine Habitat Maintenance and Routine Public Access Maintenance drop to $23,940 annually which includes Project Management and Administrative fees. Additional Prescribed Fires should occur every 4 to 6 years as needed at a cost of $4,000 per burn. No fees have been calculated for the removal of barn or structures on site, pending feedback from the City. LEGAL DESCRIPTION OF THE PROPERTY A part of the Northwest Quarter (NW) of the Northeast Quarter (NE) of Section Fourteen (14) Township Sixteen (16) North, Range Thirty -One (31) West, of the 5th Principle Meridian, Washington County, Arkansas and being more particularly described as follows: Beginning at a point South 02°51"40" West 265.61 feet and South 87°42'10" East 64.90 feet from the Northwest corner of the Northwest (NW) Quarter of the Northeast Quarter (NE); Thence South 87°41'22" East a distance of 138.60 feet to the beginning of a curve to the left, said curve having a radius of 288.50 feet and a central angle of 31°47'27" and a chord bearing and distance of North 76°24'55" East 158.03 feet; Thence along said curve a distance of 160.08 feet to the point of tangent; Thence North 60°31'11" East a distance of 320.50 feet to the southerly line of a water and sewer easement filed as 0023-00172 Washington County Circuit Clerk; Thence along said southerly easement line South' 87'42'12" East a distance of 678.40 feet to a point; Thence leaving said easement southerly line South 02°36'15" West a distance of 868.55 feet to a point; Thence North 87°42'04" West a distance of 129.83 feet to a point; Thence South 03°00'08" West a distance of 711.16 feet to a point; Thence North 88°32'12" West a distance of 1103.86 feet to the Easterly right-of-way 54th Street; Thence along said right-of-way North 02°30'58" East a distance of 1383.71 feet to the point of beginning, having an area of 4 1. 10 acres more or less. Subject to any rights-of-way of roads or easements of record. SURVEY OF PROPERTY 'A' IM, NL 1f4 14 ®7'+4710- E @A.W [-15-N, R-31 NI' U) 7E`&' E201-021 0 C�ydi Fff�VM44D Lu :2 Flo Sao NE 20' N 88'32'12" W 1103.80 IL X20' "IN. —RSIPOWN STREET RW MY- Am-- S &7'42`12" E 678.40' 11 JS iB L 31'47-27"' S R = 288.50' N5 L = 160.(]B' CHORD: S 8741'22" E N 76'24'55" E 138.60, Total Area p 41.10 Acres M Ch M&IQ01-017 N 87'42'04 W lu L211 4k U) 7E`&' E201-021 0 C�ydi Fff�VM44D Lu :2 Flo Sao NE 20' N 88'32'12" W 1103.80 IL X20' "IN. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0099 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 7 BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 2 to the Contract with DC Sparks Construction, LLC in the amount of $59,950.00 for the relocation of a sewer main necessary for the construction of the Fleet Vehicle Wash Facility. A copy of Change Order No. 2 is attached to this Resolution and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas herby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2020-0099 Legistar File ID 02/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/30/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Change Order #2 to the contract Bid 19-52 in the amount of $59,950 with DC Sparks Construction LLC., for the forced sewer main relocation in association with the Fleet Vehicle Wash Facility, and approve a Budget Adjustment. Budget Impact: 9700.770.1920-5804.00 Shop. Fleet Operations Capital Expense Account Number 18021.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: I 19-52 Fund Fleet Vehicle Wash Facility Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,308,000.00 $ 591,519.97 I $ 716,480.03 $ 59,950.00 $ 59,950.00 71 A A.Qn n2 V20180321 Previous Ordinance or Resolution # 13-20 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF: FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer Terry Gulley, Director of Transportation Sara Glenn, Superintendent Fleet Services CITY COUNCIL MEMO FROM: Wade Abernathy, Director of Bond Projects and Facilities DATE: January 30, 2020 SUBJECT: Change Order #2 to Bid 19-52 Contract with DC Sparks Construction LLC, for Fleet Vehicle Wash Facility, and approve a Budget Adjustment. RECOMMENDATION: Staff recommends approval of Change Order #2 with DC Sparks Construction LLC in the amount of $59,950.00 for the relocation of the forced sewer main in association with the Fleet Vehicle Wash Facility and approve a Budget Adjustment. BACKGROUND: On 3/5/19 council approve a contract with deMx architecture to provide architectural services for the new fleet vehicle wash facility. On 5/7/19 council approved the purchase of the car wash equipment with Whiting system, Inc. of Alexander Arkansas. On 1/7/20 Council approved a Contract with DC Sparks for Site Work, Site Utilities, Plumbing, HVAC and Mechanical Systems. DISCUSSION: At the time of the bid, the sewer main was identified in the drawings to be relocated by the owner. BUDGET/STAFF IMPACT: A Budget Adjustment in the amount of $59,950 will come from the Shop Fund reserves to increase the project budget 9700.7700.1920-5804.00 project 18021.1. Attachments: Change Order #2. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 JBAIA Document G701TM- 2017 Chat,ye 0, der PROJECT: [7e'ame and address CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 1."tte-4[Iv -[cc( I:ae[•Z -d t.:..- W_'n Contrnet Fn:: Gena:..1 c o.-.3t.-wa(2on Cnumaga Ura.r NufflDer: UO2 Facility I ILII S. A,...3t._i.5 Avcrttic U le; Jari!q:� t, z0i ❑Rte: 1'wna=. 21, LU7O r;-..yette-:lle, AK /21Ui OMIER: r,1`a...i _a oaa.,...) AKRREC 1: (A'..,..L- ..,.d ..dd, CU19I RAC I UR: (N. F. . is udd. co.i) City ot'rayetieville vERIA architecture oC sparRs Construction, LCC 113 West Mountain Street 104. N East Avenue 17062 Harmon Road ru,cttvVilic, AK /?101 rwycttcT.11o, AK /2/O1 Fuycttcvillc, AK 72704 THE CONTRACT IS CHANGED AS FOLLOWS: (I, -e. t - ZfCf_:Tei7iac_V. f me ar-..se -.?1, .die,!. o, f . _,Xe ..pace ft t.:e:l_. ALr g. v.a..p_. all, ibi..able l., execiw d Const. uclio.l Change Di. ecti^es ) (See attached DC Sparks Construction, LLC Change order request dated January 27, 2020) Forced b.w. Mair, upsaa. - KVIoa..le L;;LliMr 14" rol'ac M.,: - _iu0 R i4" 4- YVV - i wo tie in points .30 - Apart - Provide Two pumper trucks to transfer sewage to city Pio - Gravel Bedding W/ Class 67 - 1 - 14" 45 W/ Anchorins Glands - I -14" 1 11.21.) 6cMi3 W/ Arlchorir.b 0..03 - I '" 14" G2.DU DaZA W/ A7.aRer:.-.s GIw.D� - - 14" solid sieeves w Ancnoring Glands - rrovide concrete kickers for each fitting - Provide Bond if needed if not we will return 3% of contract to owner - Provide Two tanker Zrucks to transfer sewer to ci�y manhole - 1 nvto uc�3 au C ..ccaca to mutt tFtc acmarld and f -r safety to make sure no problems The rate on those trucks are $ 200,00 per noa.- Io.- eGeR - it the tlemanZI is Lesser we could send one trucR D-cR tRe. -e coflIZI Vi -;c tnc e-ncr D»cK trio 6..lanuc. - Provi0e tun heptR an-_ as per plans Excluded: Any lay out or ensineerins An, hrZ;l off 111. o.ib'.-.wl C_wrac. sem i_ $ 399.403.20 ine net cnange By pre%iousiy autnudzetl Cnange Upoors ; -I V.I 12.0 The Contract Sum prior to this Change Order was $ 3U,Z3 I .zu i ne Co..t dot rani . ill me :.-.cre...,.d 5, tCi3 cn-.-.ge macr in tole zi ieu.-a or $ 39.9.)U.uu i ne new Contract sum inclulling this Cnange Ur0er tk ih oe ; 44!7. 13 [./-U i no Contract l :me -ill Or irewmett Dy Gere (u) hrys. the r.c:9 a..i.: of Sub3rm.tiul Cutnplcuiorr .: ill 6. -- NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Chance Directive until the cost and time have been agreed upon by both :he ❑ ,;-.cr unit Contractor, in micn c...c .. CRunso ❑raw .. vnvcalca to 3epc.3cac tilt Co.,stmutivri Chm.t c uircctivc. AIA Document (3701- - I017. Copynghtl2 1979. 1987. 2000 , 2001 and 2017 by The Amencan Institute of Architects. All rights reserved. WARNING: This AIAl Docament Is pretsct.d by U.S. Copyright L.a .rid Imorn :ionnl Trs :i.s. Unao.harized aprodootion or div.-Ibatiomi of .hid AIA* Eocoms. U. _R; F-rtl.w of fG m_; P ----;-.It is _.tiw *1-711 clad =rI; .irr.l 0.riatls_, .rid -111 be'rea..sted to the m.;lmcm e..t.nt poz�ib1. ■nd.r th. I_-. Thi= document was produced by AIA software at 10:03-05 ET on 01128/2020 under prier No 2040301210 wh eh expires on 03126f2020. and is not for resale. User Ng_ -s: tZe's-e-Zai NOT LIQ QN t E zIGNEG is T A! ! ARCHITI'C 1 r CUR I RRC 1 OR AIYU UnNER. L)hM .—..h.tcctUre AR "'I'a8riox, iuRE ,�itn rrincipai PRINED NA AND TITLE �Zo DAi 1127x2020 Change Order Print OC bl.—FR9 Ce :�[reeLivn,CCt Change Order Ow.. -.t;. 1.-.m Job Info Ces Mcvaugn -1 /u-1 5. A .... 3trany Arc 113 West Mountain street Fayetteville, AR .ci01 Fayetteville, AR 72701 Phone: zt/9-5/5-azll7 Fleet Truck Wash CO ID . Created / Approved Date 2020-01-004-0001 ' Created: Descriptio Forcet] Sewer IClain UUpgraaes Relocate Existing tz," Force Main JOU ft 14" C- 900 t wo tie in points 300 Tt, Apan Provide Two pumper trucRs to transfer sewage to cKy Pitt Gravel Bedding W/ Class 67 1 - 1ZF" 45 W/ Ancrioriny Glwrit]a t - i4" t t.c5 Qen'u vvTAncMoring Glanus 1 - 14" 22.50 bend W/ Anchoring Glands Z - 14" SeliO blaa-ts� W Allenarilig Gla�.aa Provitle concrete RICRers for each fining Provide Bond if needed if no, we will return a% o, contract to owner Provida 1:,a tanxer trucks to transfer sewer to city manhole l wo trucR are neetletl to meet rile tlemant] ant] Tor saimy io maRo „eh The rate on those trucks are $ 00.00 per hour for each If the demand is lesser we could send one truck back then we could gl Provitle iulr Oepin b6 -z as per plans Excluded: Any lay out or engineering Any Maul oTr Cost Code 33-0500 - Utilities Psi. -.[co: JpR z/ zuzu t fUU,a Marmon Roa'a, FayeLLeville. ATS /c/0zF Fax: 479-365-7014 Pnonw:479-365-2889 Change Order ID 2020-01-004-0001 Jan 6, 2020' $59,950.00 t isle Description Utilities All costs associated with the scope -of -work outlined below. hnp.,;llbeild.., .d..ctl,.pp/ChungcOrdcr-Print?;d,=27&1166&svnExp=0&sortDirrs, Qty/Unit Unit Cost Price 1.00 $59,950.00 $59,950.00 312 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2020 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is needed with the Fleet Car Wash project to appropriate funds for Change Order #2 with DC Sparks Construction LLC., for the relocation of a forced sewer main. Shop fund use of fund balance will be used to cover this cost. COUNCIL DATE: LEGISTAR FILE ID#: 2/18/2020 2020-0099 K.eW4,v $priN� 2/3/2020 4:51 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 59,950 59,950 v.20191231 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5804.00 59,950 - 18021 1 EX Building Costs 9700.770.1910-4999.99 - 59,950 RE Use Fund Balance - Current H:\Budget Adjustments\2020_Budget\City Council\02-18-2020\BA 2020-0099 Fleet Car Wash.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0107 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 8 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $1,970.00 REPRESENTING DONATIONS TO THE PARKS AND RECREATION DEPARTMENT IN 2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $1,970.00 representing donations to the Parks and Recreation Department in 2019. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation to the citizens and organizations who donated these funds. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0107 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Lee Farmer 1/30/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to approve a budget adjustment in the amount of $1,970 recognizing and allocating donation revenue from citizens and organizations made to the Parks and Recreation Department in December 2019. Budget Impact: 1010.520.5280-5342.00, 2250.520.9250- 5200.05 Account Number 33051.1001 33051.8 Project Number Budgeted Item? Yes General Fund Parks and Recreation Donations Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment Project Title $ 54,057.00 $ 331.89 -? 53,725.11 $ 1,970.00 Remaining Budget $ 55,695.11 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Lee Farmer, Recreation Superintendent DATE: January 30, 2020 SUBJECT: Recognition of $1,970 in donations to the Parks and Recreation Department RECOMMENDATION: Parks and Recreation recommends the approval of a Budget Adjustment in the amount of $1,970 recognizing and allocating donation revenue from citizens and organizations made to the Parks and Recreation Department in December of 2019. BACKGROUND: Each year a variety of citizens, organizations and businesses make donations to assist with various parks and recreation programs. In 2019, a total of $56,065.45 was donated to the Parks and Recreation Department for the memorial bench program, volunteer program, tree donations, community gardens, YRCC programs, and special events such as the Gulley Park Concert Series, Race Series and Dive -in Movies. DISCUSSION: Approval allows for the recognition of funds so that the funds may be used towards the intended use as designated by the donating party. Donors included program donations for the Yvonne Richardson Community Center and an Experience Fayetteville donation for the Fayetteville Race Series. This donation was the remainder of funding of a grant for promotion of the race series. A list of individual donors is provided as an attachment. Parks and Recreation appreciates each of these donors which allows us to provide quality programs and services to our citizens. BUDGET/STAFF IMPACT: The budget will be increased in the amount of $1,970 within the appropriate accounts as shown below. YRCC- Promotional Activities $370 Race Series- Special Events $1,600 $1,970 Attachments: Staff Review Form Donation Breakdown Budget Adjustment Form Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 � � � §kk ■ § &;& � § §§B \$ � �§� £� £�■ a �2a \A \_ -- f ! , : _ / �f \ \ uo& | .# 2 .}� § } m � � § V k - I CL %2 | CL /& | ` � k\■ � § �§ � � � � City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS &RECREATION (520) 2020 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: To recognize and allocate donation revenues received in the latter part of the month of December from citizens and businesses for Parks & Recreation through December 31, 2019. COUNCIL DATE: LEGISTAR FILE ID#: 2/18/2020 2020-0107 1/31/2020 10:20 AM RESOLUTION/ORDINANCE Budget Director Date TYPE: JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 1,970 1,970 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20191231 Account Name 1010.520.5280-5342.00 370 - 33051 1001 EX Promotionals - Activities 1010.001.0001-4999.97 2250.520.9250-5200.05 - 1,600 370 - RE 33051 8 EX Use Fund Balance - Prior Supplies - Tournament/Awards 2250.520.9250-4999.97 - 1,600 RE Use Fund Balance - Prior H:\Budget Adjustments\2020_Budget\City Council\02-18-2020\BA 2020-0107 - Parks Donations 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0038 Agenda Date: 2/18/2020 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 1 VAC 19-6947 (411 E. MAPLE ST./MOORE): AN ORDINANCE TO APPROVE VAC 19-6947 FOR PROPERTY LOCATED AT 411 EAST MAPLE STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described a portion of a water and sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of the water and sewer easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that a 10 foot wide water and sewer easement is retained along the property's western boundary. City of Fayetteville, Arkansas Page I Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0038 Legistar File ID 2/4/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/17/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6947: Vacation (411 E. MAPLE ST./MOORE, 485): Submitted by WAYNE MOORE for property located at 411 E. MAPLE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.17 acres. The request is to vacate a portion of a water & sewer easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF �■ FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Abdul Ghous, Planner DATE: January 17, 2020 CITY COUNCIL MEMO SUBJECT: VAC 19-6947: Vacation (411 E. MAPLE ST./MOORE, 485): Submitted by WAYNE MOORE for property located at 411 E. MAPLE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0. 17 acres. The request is to vacate a portion of a water & sewer easement. RECOMMENDATION: Planning Commission recommends approval of VAC 19-6947 as shown in the attached Exhibits Wand 'B' and with the following condition of approval: A 5 -foot wide water and sewer easement is retained along the property's western boundary. Staff recommends approval of the vacation request, but retaining a 10 -foot wide water and sewer easement. BACKGROUND: The subject property is located on 411 E. Maple Street, in the Masonic Addition. A water and sewer easement encompasses the entirety of the subject property. This entire half -block of the neighborhood is encompassed with a water/sewer easement intended to facilitate a large public infrastructure project decades ago that was never installed. The request is to vacate the water and sewer easement from this property. City of Fayetteville's Water and Sewer Department discovered that there is a private sewer line that crosses this parcel and cannot be cut off from access for public health reasons. The applicant is amenable to a 7 -foot water and sewer easement along the property's western boundary whereas, Water and Sewer Department require a 10 -foot easement. The property is zoned RSF-4, Residential Single -Family, 4 Units Per Acre. DISCUSSION: At the January 13, 2020 Planning Commission, this item was forwarded to City Council with a recommendation for approval, subject to the following condition: • 5 -foot wide water and sewer easement is retained along the property's western boundary as recommended by Planning Commission Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The applicant was amenable to a 7 -foot water and sewer easement, whereas staff recommended a 10 -foot easement retention along the property's western boundary. After discussion all the commissioners determined that a 5 -foot easement retention is sufficient for the subject property. (see Exhibit `C') BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C • Planning Commission Staff Report VAC19-6947 MOORE EXHIBIT W Close Up View 19-6947 � M W � JW J Q J W Q > Q RSF-4 = GUNTER ST z J a LU et W J J J Z J O O Q y _co IV MAPLE ST Subject Property w Q 3 O J J 3 LAFAYETTE ST P -t w Q RPZD ry NORTH RSF-4 Legend L RMF -6 Hillside -Hilltop Overlay District Feet W RMF -24 ■ Commercial, Industrial, Residential - ` Planning Area P-1 0 75 150 300 450 600 r Fayetteville City Limits 1 inch = 200 feet Building Footprint EXHIBIT 'B' 19-6947 A part of lot numbered one (1) in block numbered three (3) in Masonic Addition to the City of Fayetteville, Arkansas. �r w 1E EXHIBIT 'C' 19-6947 R/W- CURE & CURB & GUTTER GUTTER E. MAPLE S'TPEET - - a (ASPH-ALT,: 40' R/W) N89°50'57"E 102.50' CONC. s.w. N89'44-19 NW COR R/W oa7 59.24' Y LOT 1, BILK 3 0 � z 0 N •!!: COV. PORCH - SURVEY DESCRIPTION A PART OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED THREE (3) IN MASONIC ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT ONE (1); THENCE N89°50'57"E 102.50 FEET TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE N89°44'19"E 59.24 FEET TO AN EXISTING 3 IRON PIPE; THENCE SOO'12'10"W 126.86 FEET TO AN EXISTING IRON PIPE; THENCE S89'10'07"W 58.80 FEET TO AN EXISTING A IRON REBAR; THENCE N00°00'00" E 127.45 FEET TO THE POINT OF BEGINNING. - Staff Recommendation Applicant Request Planning Commission Recommendation PLAT NOTES EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. THI5 SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND SIGNATURE OF THE SURVEYOR. THIS SURVEY MEETS OR EXCEEDS THE CURRENT "ARKANSAS MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY. FRAME 1 -STORY SINGLE FAMILY HOUSE #411 PART OF LOT 1, BLOCK 3 MASONIC ADD. 0.17± ACRES N Staff O0 Recommendation N z O0 Applicant z-_ 0 Request z e o0 arming Commission 0.4' ecommendation e S89` 10'07"W 58.80' CURB & GUTTER -OIW- LEGEND © CABLE BOX 0 ELECTRIC METER BUYER: WMCC PROPERTIES, LLC. 6:0 • I o z SELLER: DAVID LAWRENCE ROGERS POWER POLE o SANITARY SEWER CLEANOUT ADDRESS: 411 E MAPLE STREET TELEPHONE PEDESTAL FAYETTEVILLE, ARKANSAS I CENTERLINE ROAD I CHAIN -LINKED FENCE - Staff Recommendation Applicant Request Planning Commission Recommendation PLAT NOTES EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. THI5 SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND SIGNATURE OF THE SURVEYOR. THIS SURVEY MEETS OR EXCEEDS THE CURRENT "ARKANSAS MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY. FRAME 1 -STORY SINGLE FAMILY HOUSE #411 PART OF LOT 1, BLOCK 3 MASONIC ADD. 0.17± ACRES N Staff O0 Recommendation N z O0 Applicant z-_ 0 Request z e o0 arming Commission 0.4' ecommendation e S89` 10'07"W 58.80' CURB & GUTTER -OIW- LEGEND © CABLE BOX 0 ELECTRIC METER o EXISTING IRON PIPE • EXISTING IRON REBAR o GAS METER POWER POLE o SANITARY SEWER CLEANOUT TELEPHONE PEDESTAL WATER METER CENTERLINE ROAD RIGHT-OF-WAY LINE CHAIN -LINKED FENCE PRIVACY FENCE BUILDING LINE OVERHEAD ELECTRIC LINE PROPERTY LINE 0 20 40 1}, = 20 DATE: 07101119 REVISED: PROJECT NO. Alai? Reid & Associates SCALE: 1"= 20' JP 19177 118 South College Avenue Fayetteville, Arkansas 72701 L O T SURVEY (479) 444-8784 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Abdul R. Ghous, Planner MEETING DATE: January 13, 2020 Updated 1.14.2020 PC Forwarded SUBJECT: VAC 19-6947: Vacation (411 E. MAPLE ST./MOORE, 485): Submitted by WAYNE MOORE for property located at 411 E. MAPLE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.17 acres. The request is to vacate a portion of a water and sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6947 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6947 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is located on 411 E. Maple Street, in the Masonic Addition. A water and sewer easement encompasses the entirety of the subject property. This entire half -back of the neighborhood is encompassed with a water/sewer easement intended to facilitate a large public infrastructure project decades ago that was never installed. The request is to vacate the water and sewer easement from this property. City of Fayetteville's Water and Sewer Department discovered that there is a private sewer line that crosses this parcel and cannot be cut off from access for public health reasons. The applicant is acceptable to a 7 -foot water and sewer easement along the property's western boundary whereas, Water and Sewer Department require a 10 -foot easement. The property is zoned RSF-4, Residential Single -Family, 4 Units Per Acre. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use I Zoning North, South, East & West Residential I RSF-4, Residential Sinqle-Family, 4 Units Per Acre Proposal: The applicant proposes to vacate a water and sewer easement that encompasses the entirety of the subject property (see attached exhibit). The applicant wishes to add building foot print to the existing single family -dwelling. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City with the following responses: City of Fayetteville Response Water & Sewer Due to the private sewer line on this property. W&S Department require a 10 -foot easement on the property's western boundary. Transportation No objections and no comment Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6947 to the City Council with a recommendation for approval subject to the following condition: Conditions of Approval: 1. A 10 -foot wide water and sewer easement is retained along the property's western boundary. PLANNING COMMISSION ACTION: Required YES Date: January 13, 2020 O Tabled M Forwarded O Denied Motion: Belden PC Forwarded VAC 19-6947 to City Council with a recommendation of approval, with a condition; Second: Winston 5 -foot sewer easement shall be retained along the property's western boundary. Vote: 7-0-0 11 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • W&S Response • One Mile Map • Close-up Map • Current Land Use Map GAETC\Development Services Review\2019\Development Services\19-6947 VAC 411 E. Maple St. (Moore) 485\03 PC\01 -1 3-2019\Comments PETITION TO VACATE A WATER & SEWER EASEMENT LYING WITHIN PART OF LOT 1; BLOCK 3, MASONIC ADDITION, CITY OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planning Commission and The Fayetteville City Council 1, the undersigned, being the owner of the real estate within the water/sewer easement herein sought to be abandoned and vacated, lying within Part of Lot 1; Block 3, Masonic Addition, Fayetteville, AR, a municipal corporation, petition to vacate an easement which is described as follows: A water/sewer easement as it relates to all of Part of Lot 1; Block 3, City of Fayetteville, AR. As evidenced by the City of Fayetteville's water & sewer department's attached agreement to vacate, this water & sewer easement is no longer applicable or required to serve the citizens of the City of Fayetteville. As this easement exists today, it now places an unnecessary public burden on the private property located as herein described above. I am requesting that this water & sewer easement as it pertains to Part of Lot 1; Block 3, Masonic Addition, City of Fayetteville, AR be forever vacated in its' entirety and this encumbrance be removed from the described real property. Wayne Moore, Member WMCC Proberties, LLC R/W — — R/W \11], B&CURE & UTTER GUTTER _ E. MAPLE STREET — a (ASPHALT, 40' R/W) — CURE & GUTTER - OHP N89°50'57"E 102.50' CONC. s.W. N89"44 NW COR R/W D, P'O'B_ 59.24 LOT 1, BILK 3 in N SURVEY DESCRIPTION 9 A PART OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED THREE (3) IN MASONIC ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT = ONE (1); THENCE N89°50'57"E 102.50 FEET TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE N89°44'19"E 59.24 FEET TO AN EXISTING s' IRON PIPE; THENCE SOO'12'10"W 126.86 FEET TO AN EXISTING IRON PIPE; THENCE S89'10'07"W 58.80 FEET TO AN EXISTING IRON REBAR; THENCE N00°00'00" E 127.45 FEET TO THE POINT OF BEGINNING. BUYER: WMCC PROPERTIES, LLC. I �- O SELLER: DAVID LAWRENCE ROGERS Z ADDRESS: 411 E MAPLE STREET I FAYETTEVILLE, ARKANSAS I I PLAT NOTES EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND SIGNATURE OF THE SURVEYOR. THIS SURVEY MEETS OR EXCEEDS THE CURRENT "ARKANSAS MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY. 0 0 21 z 0 v COV. PORCH EXISTING IRON PIPE Q i zo' O U �.. FRAME V) Z OD O 1 —STORY U 2 SINGLE FAMILY L#411 ww HOUSE D 26.3' PART OF LOT 1, BLOCK 3 MASONIC ADD. d� 0.17± ACRES EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND SIGNATURE OF THE SURVEYOR. THIS SURVEY MEETS OR EXCEEDS THE CURRENT "ARKANSAS MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY. 0 0 S89` 10' 07 "W 58.80' LEGEND ITI CABLE BOX 0 z 0 o EXISTING IRON PIPE Q EXISTING IRON REBAR O U �.. V) Z OD O SANITARY SEWER CLEANOUT U 2 WATER METER CENTERLINE ROAD 0 S89` 10' 07 "W 58.80' LEGEND ITI CABLE BOX 0 ELECTRIC METER o EXISTING IRON PIPE • EXISTING IRON REBAR o GAS METER POWER POLE o SANITARY SEWER CLEANOUT TELEPHONE PEDESTAL WATER METER CENTERLINE ROAD RIGHT—OF—WAY LINE CHAIN—LINKED FENCE PRIVACY FENCE BUILDING LINE d� OVERHEAD ELECTRIC LINE PROPERTY LINE 0 20 40 1 " = 20' Reviewed by Corey Granderson Utilities Engineer cgranderson@fayetteville-ar.govF©RM 479-444-3452 [LEY, AND DATE: ' � � 7 - I TY U -C WA-r� n t UTILITY COIMPAW t APPLICANT NAME_ 1>\I APPLICAivT PHQNE: % i REQUESTED VACATION (applicant must check all than app, Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, f'Q��`t, right -of -wary), described as follows: General location /Address P,61� OF I i Ilk - 4 -11 (ATTACHIegal deseriptran and graphic represaWatiof of what is being- vacated-SURVE19 UTILITY COMPANY COMMEN'T'S: Na objections to the The City of Fayetteville Utility Department hereby withdraws this support of vacation. There is a private sewer service line crossing this parcel that cannot be cut off from access for public health reasons. The applicant should locate the line and propose adequate easement to remain over this line. At that time the City Utility Department can support the request. ow3nX Conditions are mer, ea'2'-� - Signature of Utility Cq parry Representative i WF s Title .SePiember 74119 Page $ C-0 VAC 19-6947 One Mile View a ■ Legend Planning Area 4 L I Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District MOORE 0 0.125 0.25 0.5 Miles J 41 Z Subject Property o i LAFAYETTE ST a 1P.P. Planning Area Fayetteville City Limits I-1 NORTH RSF-4 \ROCKWOODL� RMF -6 / P-1 V un�unnn Zoning : i-2 uso-ial RESIDENTIAL SINGLE-FAMILY EXTRACTIONIna =E1 J Ria RI 11 COMMERCIAL uai.omee Residential-AgnculW C-1 RSF.S � C-3 RSF', FORM BASED DISTRICTS RSF-2 Downtown Core � Urban TM1orougM1iare r _D Community Sery res RESIDENTIAL MULTI -FAMILY Neignbomood Services RMFNeigM1bomood Conservation MF -12 RMF" PLANNED ZONING DISTRICTS � Commeraiel, Intluslrlel. F—dentlei INSPITUTIONAL RMF40 INDUSTRIAL 1 ..d L.ghtnbu—i VAC19-6947 MOORE Close Up View qRr � M W �- J W J Q J W Q Q RSF-4 ? GUNTER ST z J Q W to a> 'd W J > G� J J 2 J O O Q co _0) MAPLE ST Subject Property W Q O J _J LAFAYETTE ST P-1 W Q RPZ.D r✓ NORTH RSF-4 Legend RMF -6 Hillside -Hilltop Overlay District Feet RMF -24 Commercial, Industrial, Residential ` Planning Area P-1 0 75 150 300 450 600 L — r Fayetteville City Limits 1 inch = 200 feet Building Footprint City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0083 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C. 1 TOWNE WEST CAPITAL PARTNERS I, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH TOWNE WEST CAPITAL PARTNERS I, LLC FOR THE CONSTRUCTION OF A REGIONAL SEWER LIFT STATION, SEWER FORCE MAIN AND UPSIZED SEWER MAINS FOR THE DEVELOPMENT OF TOWNE WEST SUBDIVISION WITH AN AMOUNT NOT TO EXCEED $2,475,440.89 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $247,544.09 WHEREAS, Towne West Capital Partners I, LLC is developing the 30 -acre Towne West Subdivision which will require the installation a sewer lift station in order to move wastewater towards the existing City sewer system; and WHEREAS, the design and sizing of this system will create a regional solution for the larger 415 -acre basin and avoid the need to build multiple smaller lift stations throughout the basin; and WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system." 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 a cost share agreement with Towne West Capital Partners I, LLC for the construction of a regional sewer lift station, sewer force main and upsized sewer mains with an amount not to exceed $ 2,475,440.89 to be paid by the City of Fayetteville, and further approves a project contingency in the amount of $247,544.09. City of Fayetteville, Arkansas Page I Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0083 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/24/2020 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a cost share agreement with Towne West Capital Partners I, LLC in an amount not to exceed $2,475,440.89 for the construction of a regional sewer lift station, sewer force main, and upsized sewer mains to accommodate the development of Towne West Subdivision near South Rupple Road, and approval of a contingency in the amount of $247,544.09. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number Fund 04039.1 Water/Sewer Impact Fee Cost Sharing Project Number Project Title Budgeted Item? Yes Current Budget $ 3,849,049.00 Funds Obligated $ 87,571.20 Current Balance $ 3,761,477.80 Does item have a cost? Yes Item Cost $ 2,722,984.98 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,038,492.82 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 73-19 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: January 24, 2020 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with Towne West Capital Partners I, LLC for Construction of a Regional Sewer Lift Station, Sewer Force Main, and Upsized Sewer Mains within the Towne West Subdivision near South Rupple Road RECOMMENDATION: Staff recommends the approval of a cost share agreement with Towne West Capital Partners I, LLC in an amount not to exceed $2,475,440.89 for the construction of a regional sewer lift station, sewer force main, and upsized sewer mains to accommodate the development of Towne West Subdivision near South Rupple Road, and approval of a contingency in the amount of $247,544.09. BACKGROUND: Towne West Capital Partners I, LLC is developing the 30 -acre Towne West Subdivision on the west side of S. Rupple Rd., between N. Alberta St. and W. Tofino Dr. This subdivision must provide a sewer lift station in order to be able to move wastewater towards the existing City sewer system. The location of this lift station is strategically placed so that it can provide capacity for this subdivision, as well as a larger 415 -ac basin expected to be developed in the future. DISCUSSION: The design and sizing of this system will create a `regional' solution for the larger 415 -ac basin and avoid the need to build multiple smaller lift stations throughout the basin. This is an advantage operationally for the city and keeps long-term operation/maintenance costs to a minimum. This regional lift station will pump directly to the Westside Water Resource Recovery Facility, avoiding costly re -pumping and capacity consumption were the developer to build a smaller lift station discharging to existing gravity sewers in the vicinity. Resolution 73-19 was passed on March 19t" 2019 expressing the City Council's intent to cost -share for this project, seeing the benefits listed herein. The developer received three bids for construction with Gene Nicholas, LLC being the lowest bidder. Staff recommends approval of a cost share agreement with Towne West Capital Partners I, LLC in an amount not to exceed $2,475,440.89 to pay the cost increase for a regional sewer system over that of a single subdivision system. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water and Sewer Fund. Attachments: Cost Share Agreement Exhibit A — Request Letter and Engineering Cost Estimate Vicinity Map Resolution 73-19 CONTRACTUAL AGREEMENT FOR COST SHARE OF REGIONAL SEWER LIFT STATION COSTS This Agreement, made and entered into on this day of , 2020, by and between the City of Fayetteville, Arkansas ("City") and Towne West Capital Partners I, LLC ("Towne West"), witnesseth: WHEREAS, Towne West has proposed a new 30 acre subdivision on the west side of South Rupple Road between Albert Street and Tofino Drive, an area that is part of a larger 415 acre basin; and WHEREAS, Towne West would be required to construct a lift station to provide sewer service for its development; and WHEREAS, rather than requiring multiple smaller lift stations to serve each development in this 415 acre basin, the City of Fayetteville Utilities Department recommends the construction of a regional lift station, force main, and upsized sewer mains to accommodate the increased flows to the regional lift station, with Towne West contributing a portion of the cost that can be attributed to the impact of its development; and WHEREAS, Towne West's engineer, Engineering Services, Inc. has estimated that the total cost of the work, excluding any project contingency, will be $5,150,089.90 as shown in the cost share request letter attached hereto as Exhibit A and made a part hereof. NOW, THEREFORE, the City of Fayetteville, Arkansas and Towne West agree as follows: 1. Towne West agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for the complete and acceptable construction of a regional sewer lift station and force main, including upsized sewer mains to accommodate increased flows, in the locations specified by the City of Fayetteville Utilities Department. B. Complete construction of the regional lift station, force main, and upsized sewer mains on or before December 31, 2020. C. Provide a copy of the invoices for the construction of the regional sewer lift station and upsized sewer mains to the City. D. Pay for the construction of the regional lift station, force main, and upsized sewer mains (with reimbursement in the form of progress payments up to the amount of $2,475,440.89). Page 1 of 2 2. The City of Fayetteville, Arkansas agrees to: A. Reimburse Towne West for actual costs up to $2,475,440.89 which represents the City's portion of the cost to construct a regional sewer lift station and upsized sewer mains. B. Progress payments due to Towne West shall be remitted within thirty (30) days after receipt of valid invoices and pending successful inspection of the work by the City of Fayetteville Utilities Department. 3. It is further understood that the contract for construction of these improvements is between Towne West and its Contractor and that the City has no contractual obligation with either the Contractor or any agent for Towne West. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $2,475,440.89 for the construction of the regional sewer lift station as indicated on the cost share exhibit. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: TOWNE WEST CAPITAL CITY OF FAYETTEVILLE, PARTNERS I, LLC ARKANSAS WITNESS: M LIONELD JORDAN, Mayor ATTEST: M Page 2 of 2 KARA PAXTON, City Clerk ENGINEERING SERVICES INC. A_ 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Transmitted via electronic mail to caranderson(c favetteville-ar.00v Cost Share Agreement Exhibit A January 15, 2020 Corey W. Granderson, P.E. Utilities Department City of Fayetteville 2435 S. Industrial Drive Fayetteville, AR 72701 Re: Cost Share Proposal Rupple Road Regional Lift Station Towne West Mr. Granderson: Ph: 479-751-8733 • Fax: 479-751-8746 Please accept this letter as a formal request for the City of Fayetteville and Towne West Capital Partners I, LLC (the Developer) to share costs for the proposed Rupple Road Regional Lift Station and adjacent gravity sewer collection system. The City Council unanimously approved Resolution 73-19, expressing interest in cost sharing to construct a regional sewer lift station near Rupple Road. As design has progressed, we are now providing formalized cost share logic for your consideration. This letter includes a request for cost sharing to install a larger, more capable pumping facility adequate for regional -scale flows.' It also includes estimated City responsibility for the necessary changes to the gravity sewer collection system to serve the upstream properties in the region. The cost share was approved for forwarding to the Water, Sewer, & Solid Waste Committee on January 14, 2020, and we hereby submit this request to the City Council for consideration. A development -specific lift station was evaluated to provide a baseline cost to provide sewer service to the development. This scenario evaluated a smaller, Towne West -only lift station pumping wastewater to an existing 12" gravity line to the south along Martin Luther King Jr. Boulevard (US 62). Per the detailed construction cost estimate (Exhibit A), this alternative is estimated to cost $512,170.91. A regional station will provide opportunities to take advantage of economies of scale, as well as simplifying operations and providing capacity for the remainder of a large drainage basin in a rapidly growing area of the Fayetteville. Per the construction quote provided by Harris Company (Exhibit B), the proposed Rupple Road Regional Lift Station is estimated to cost $2,119,245.45. ' Since gravity flow to the West Side Wastewater Treatment Facility is impracticable, only pumping alternatives were considered. L5"I ENGINEERING SEFMCES INC. Brian J. Moore, P.E. Nr sidem Mr. Granderson January 15, 2020 Page 2 Including the professional services for engineering design and construction engineering and observation on the project (which we've quoted in Exhibit C), the total price to construct the facility is $2,373,554.91. On a flow basis, we tabulated cost responsibilities on a pro rata basis in the table below. Table 1. Pro rata Cost Sharing, Design Flow Basis. Flow (gpm) Quantity Share Estimated Cost 1686 Total Basin Design Flow Rate 100.00% $2,373,554.91 198 Towne West (Phases I-V) 11.74% $278,744.8 _ 55 Rupple Road MultifamilyDevelopment3 3.26% $77,429.13 ' 1433 City Responsibility, LS and Force Main _ 84.99% $2,017,380.89 The costs above include professional services through construction, and do not include easement acquisition. The total City responsibility for the Rupple Road Regional Lift Station and force main is estimated as $2,017,380.89. While developing a cost estimate for this project, we have identified a few opportunities to reduce cost. The following items could be purchased and/or installed by the City at reduced costs. Additional research is needed to determine what cost savings, if any, may be available. Table 2. Potential Cost Savings Items. Item Generator and Appurtenances_ Estimated Cost $200,000.00 SCADA Connection $8,195.45 . 10" Flow Meter at WWTF (including SCADA connection) $15,0_00.00 Water Meter & Backflow Assembly Yard Hydrant $1,500.001 $750.00 Total Cost of Items with Potential City Cost Savings $225,445.45 In our letter of August 15, we mentioned cost sharing to upsize gravity mains through the proposed Towne West development to accommodate flows to the regional station. Comparing the costs to construct the sewers based on only Towne West's needs versus a regional approach, the Developer is requesting a cost share of $458,060.00. The sources of cost differences are tabulated below from the detailed estimates provided in Exhibits D & E. Table 3. City Responsibility, Gravity Sewers. Manholes ResponsibilityItem City Gravity Sewer Pipe ______$17,900.00 Rock Excavation _$62,385.00 $372,000.0_0 Service Connections, Other $5,775.00 Total _ $458,060.00 2 Prices included for two corrosion prevention alternatives (concrete admixture and coating system). Includes the SCADA system cost per the Standard Specifications, Section 2002.1.06.13.1.1b and professional services through construction and acceptance. Does not include land acquisition. 3 Nearby project currently under review by City of Fayetteville. Mr. Granderson January 15, 2020 Page 3 The Developer hereby requests $2,475,440.89 in a cost-sharing agreement with the City Council to construct the Rupple Road Regional Lift Station, force main, and adjacent gravity sewers sized for full buildout of this basin, pending necessary approval from the City of Fayetteville Utilities Department and the Arkansas Department of Health Engineering Section. We believe this cost share represents a smart opportunity to improve the development potential of at least 415 acres of land in the City of Fayetteville by proactively planning for future growth, and feel this cost share is a "win, win" deal. Thank you for your consideration. Very truly yours, Brandon Rush Enclosures Z:\Engineers\00 -Engineer Projects\18951 - RUPPLE ROAD\04 Regional Lift Station\Cost Sharing\Granderson 2020-01-15 Cost Share Request.docx IasiRupple Road Regional Lift Station Towne West ENGMEERING SERVICES ING Exhibit A - Towne West -Only Conceptual LS Cost Est. No. Qty Unit Item Description Unit Price Total Amount 1 2 LS 8' Diameter Wetwell $17,500.00 $35,000.00 2 2 EA Pumps & Control Panel $25,000.00 $50,000.00 3 5 EA 10" Gate Valve $3,200.00 $16,000.00 4 2 EA 6" Gate Valve $2,200.00 $4,400.00 5 2 EA 6" Air Release Valve $750.00 $1,500.00 6 2 EA 6" Swing Check Valve $1,250.00 $2,500.00 7 1 LS Pump Chain Hoist & Frame $3,500.00 $3,500.00 8 1 EA Valve Vault Structure $10,000.00 $10,000.00 9 1 LS Site Electrical $12,500.00 $12,500.00 10 1 LS Running 3-phase power to LS site $46,000.00 $46,000.00 11 1 LS Generator and Appurtenances $15,000.00 $15,000.00 12 1 LS SCADA Connection (By City, $7,500 in 2017$) $8,195.45 $8,195.45 13 200 SY Concrete Paving $40.00 $8,000.00 14 700 SY Gravel Paving $10.00 $7,000.00 15 1 LS Lift Station Site Work incl. fencing) $7,500.00 $7,500.00 16 1 LS Trench Excavation & Safety $1,000.00 $1,000.00 17 30 LF 6" Class 350 DI Discharge Piping $55.00 $1,650.00 18 4750 LF 6" PVC Force Main $27.00 $128,250.00 19 1 LS Connect Force Main to Existing Manhole $1,200.00 $1,200.00 20 3250 LB Ductile Iron Fittings $7.00 $22,750.00 21 60 LF 20" Steel Encasement by Open Cut $175.00 $10,500.00 22 20 LF 20" Bored Steel Encasement $275.00 $5,500.00 23 6 EA Tracer Wire Port $350.00 $2,100.00 24 2 EA Air Release Valve Assembly $500.00 $1,000.00 25 1 EA Yard Hydrant $1,500.00 $1,500.00 26 20 LF Class 7 Aggregate Base Course backfill $50.00 $1,000.00 27 1 LS Site Restoration along Force Main incl. sidewalk $4,250.00 $4,250.00 28 1 LS Erosion Control $3,000.00 $3,000.00 29 1 LS Mobilization $2,500.00 $2,500.00 30 1 LS Standard Arkansas Performance & Payment Bond $12,500.00 $12,500.00 31 1LS Two -Year Maintenance Bond $6,500.00 $6,500.00 32 100 oc xcavation xpecte at 4 2 $25,000.00 Subtotal Engineering (8%) Construction Engineering & Observation (4%) $457,295.45 $36,583.64 $18,291.82 TOTAL Engineer's Conceptual Estimate $512,170.91 `� CO.H ANY Exhibit B - Rupple Road Regional LS Cost Estimate Item Approx. No. Qty Unit Item Description Unit Price Total Amount 1 300 CY Reinforced Wetwell Concrete $925.00 $277,500.00 1A 300 CY Xypex Concrete Admixture $28.50 $8,550.00 IB 3000 SF Wetwell Coating System (Raven 405 or Warren 5301) $14.75 $44,250.00 2 1 LS Standard Excavation for Wetwell (not including rock) $92,500.00 $92,500.00 3 1 LS Dewatering for Wetwell $75,000.00 $75,000.00 4 2 EA Pumps & Control Panel $140,000.00 $280,000.00 5 5 EA 10" Gate Valve $4,000.00 $20,000.00 6 2 EA 8" Gate Valve $5,000.00 $10,000.00 7 2 EA 8" Air Release Valve $5,000.00 $10,000.00 8 2 EA 8" Swing Check Valve $7,000.00 $14,000.00 9 1 LS Pump Chain Hoist & Frame $27,500.00 $27,500.00 10 1 EA Valve Vault Structure $18,000.00 $18,000.00 11 1 LS Site Electrical $50,000.00 $50,000.00 12 1 LS Running 3-phase power to LS site $46,000.00 $46,000.00 13 1 LS Generator and Appurtenances $200,000.00 $200,000.00 14 1 LS SCADA Connection (By City, $7,500 in 2017$) $8,195.45 $8,195.45 15 350 SY Concrete Paving $75.00 $26,250.00 16 500 SY Gravel Paving $10.00 $5,000.00 17 1 LS Lift Station Site Work (incl. fencing) $15,000.00 $15,000.00 38 1 LS Trench Excavation & Safety $25,000.00 $25,000.00 19 120 LF 8" Class 350 DI Discharge Piping $50.00 $6,000.00 20 4600 LF 10" PVC Force Main $45.00 $207,000.00 21 170 LF 10" DI Force Main $225.00 $38,250.00 22 4000 LB Ductile Iron Fittings $11.00 $44,000.00 23 80 LF 20" Steel Encasement by Open Cut $250.00 $20,000.00 24 55 LF 20" Bored Steel Encasement $500.00 $27,500.00 25 7 EA Tracer Wire Port $750.00 $5,250.00 26 11 EA Sewer Line Marker $500.00 $5,500.00 27 3 EA Air Release Valve Assembly $6,000.00 $18,000.00 28 1 EA Water Meter & Backflow Assembly $1,500.00 $1,500.00 29 1 EA Yard Hydrant $750.00 $750.00 30 1 LS Coordination/Work Involving 20" Gas Transmission Line $50,000.00 $50,000.00 31 80 LF 20" Heavy Wall PVC Encasement $200.00 $16,000.00 32 20 LF Class 7 Aggregate Base Course backfill $25.00 $500.00 33 1 LS Site Restoration along Force Main (Seed & Watering) $5,000.00 $5,000.00 34 300 LF 5' Sidewalk $35.00 $10,500.00 35 1 LS Remove & Dispose Ex. Concrete Cap at WWTF $10,000.00 $10,000.00 36 1 EA 10" Flow Meter at WWTF (including SCADA connection) $15,000.00 $15,000.00 37 1 LS Connect to Existing WWTF Influent Line $75,000.00 $75,000.00 38 1 LS Erosion Control $15,000.00 $15,000.00 39 1 LS Mobilization $20,000.00 $20,000.00 40 1 LS WWTF Site Restoration $10,000.00 $10,000.00 41 1 LS Standard Arkansas Performance & Payment Bond $30,000.00 $30,000.00 42 1 LS Two -Year Maintenance Bond $30,000.00 $30,000.00 43 1000 CY Rock Excavation (Expected at 4') $250.00 $250,000.00 Total $2,119,245.45 * Item 113 shown for reference only, not included in total cost. ENGINEERING SERVICES INC. It 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Exhibit C — ESI Services January 15, 2020 Towne West Capital Partners I, LLC c/o Bransen Harris 1211 Woodland Creek Circle Van Buren, AR 72956 Re: Engineering Services Estimate Rupple Road Regional Lift Station Towne West Bransen, Ph: 479-751-8733 9 Fax: 479-751-8746 Please find below an estimate of our services on the Rupple Road Regional Lift Station, based upon the quoted construction price of $2,119,245.45 from Harris Company of Fort Smith, Inc. Table 1. Professional Services Estimated Amount. Service Amount Engineering Design (8%) $169,539.64 Construction Engineering & Observation (4%) $84,769.82 Total Estimated $254,309.46 Very truly yours, Brandon Rush Z:\Engineers\00 - Engineer Projects\18951 - RUPPLE ROAD\04 Regional Lift Station\Cost Sharing\ESI Estimate.docx 13ai. Brian J. Moore; P.E. Pmsidcvc Exhibit D - Gravity Sewer Price List Gravity Sewer Participation Item No. Unit Item Description Unit Price 1 EA 4' Manhole 0-6' De th $ 4,000.00 2 VF 4' Manholes, Extra Depth $ 250.00 3 EA Epoxy Lining for Manholes $ 1,000.00 4 EA Manhole Drop Connection $ 750.00 5 LF 15" PVC SDR -26 Gravity Sewer 6-8' Dee $ 100.00 6 LF 12" PVC SDR -26 Gravity Sewer 0-6' Deep $ 90.00 7 LF 12" PVC SDR -26 Gravity Sewer 6-8' Dee $ 95.00 8 LF 12" PVC SDR -26 Gravity Sewer 8-10' Dee $ 100.00 9 LF 10" PVC SDR -26 Gravity Sewer 0-6' Dee $ 75.00 10 LF 10" PVC SDR -26 Gravity Sewer 6-8' Deep $ 80.00 11 LF 10" PVC SDR -26 Gravity Sewer 8-10' Dee $ 85.00 12 LF 8" PVC SDR -26 Gravity Sewer 0-6' Dee $ 65.00 13 1 LF 8" PVC SDR -26 Gravity Sewer 6-8' Dee $ 70.00 14 1 LF 8" PVC SDR -26 Gravity Sewer 8-10' Dee $ 75.00 15 EA 15" x 4" Service Wye $ 500.00 16 EA 12" x 4" Service Wye $ 400.00 17 EA 10" x 4" Service Wye $ 350.00 18 EA 8" x 4" Service Wye $ 300.00 19 CY Rock Excavation $ 250.00 20 LF Class 7 Aggregate Base Course $ 25.00 21 LF 30" Steel Encasement $ 250.00 22 LF 24" Steel Encasement $ 225.00 23 LF 20" Steel Encasement $ 200.00 24 LF 16" Steel Encasement $ 150.00 Rock expected at 4' Exhibit E - Gravity Sewer Participation Cost Estimate ASAS DI- esiane, I W/ Mn Pnrli,inafinn I naii Pn cihiu+v, I rif., o......,.--; k:ra.. Description Price Qty I Unit 1 Total QtY Unit Total Difference Interceptor 1 4' Manhole (0-6' Depth) $ 4,000.00 121 EA 1 $ 48,000.00 11 EA 1 $ 44,000.00 $ 4,000.00 4' Manholes, Extra Depth $ 250.00 34.3 VF 1 $ 8,575.00 33.6 VF 1 $ 8,400.00 $ 175.00 Epoxy Lining for Manholes $ 1,000.00 41 EA 1 $ 4,000.00 0 EA $ - $ 4,000.00 Manhole Drop Connection $ 750.00 41 EA $ 3,000.00 0 EA $ - $ 3,000.00 15" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 100.00 810 VF $ 81,000.00 0 VF $ - $ 81,000.00 12" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 90.00 120 LF $ 10,800.00 0 LF $ - $ 10,800.00 12" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 95.00 370 LF $ 35,150.00 0 LF $ - $ 35,150.00 12" PVC SDR -26 Gravity Sewer 8-10' Deep) $ 100.00 LF $ - 0 LF $ - $ _ 10" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 75.00 LF $ 0 LF $ - $ 10" PVC SDR -26 Gravity Sewer (6-8' Deep) 10" PVC SDR -26 Gravity Sewer (8-10' Deep) $ $ 80.00 85.00 390 LF 420 LF $ $ 31,200.00 35,700.00 800 LF 0 LF $ $ 64,000.00 - $ $ (32,800.00) 35,700.00 8" PVC SDR -26 Gravity Sewer 0-6' Deep) $ 65.00 20 LF $ 1,300.00 0 LF $ - $ 1,300.00 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 140 LF $ 9,800.00 1090 LF $ 76,300.00 $ (66,500.00 8" PVC SDR -26 Gravity Sewer (8-10' Deep) $ 75.00 0 LF $ - 380 LF $ 28,500.00 $ (28,500.00) 15" x 4" Service Wye $ 500.00 28 EA $ 14,000.00 0 EA $ - $ 14,000.00 12" x 4" Service Wye $ 400.00 5 EA $ 2,000.00 0 EA $ - $ 2,000.00 10" x 4" Service Wye 8" x 4" Service Wye $ $ 350.00 300.00 12 EA 0 EA $ $ 4,200.00 - 28 EA 17 EA $ $ 9,800.00 5,100.00 $ $ 5,600.00) (5,100.00) Rock Excavation $ 250.00 960 CY $ 240,000.00 890 CY $ 222,500.00 $ 17,500.00 30" Steel Encasement $ 250.00 30 LF $ 7,500.00 0 LF $ - $ 7,500.00 24" Steel Encasement $ 225.00 25 LF $ 5,625.00 0 LF $ - $ 5,625.00 20" Steel Encasement $ 200.00 0 LF $ - 21 LF $ 4,200.00 $ (4,200.00) 16" Steel Encasement Class 7 Aggregate Base Course $ $ 150.00 25.00 0 LF 246 LF $ $ - 6,150.00 15 LF 246 LF $ $ 2,250.00 6,150.00 $ $ (2,250.00) - Interceptor 2 4' Manhole (0-6' Depth) $ 4,000.00 11 EA $ 44,000.00 11 EA $ 44,000.00 $ - 4' Manholes, Extra Depth $ 250.00 14.7 VF $ 3,675.00 13.4 VF $ 3,350.00 $ 325.00 Manhole Drop Connection $ 750.00 1 EA $ 750.00 0 EA $ - $ 750.00 10" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 75.00 0 LF $ - 0 LF $ - $ - 10" PVC SDR -26 Gravity Sewer (6-8' Deep) 8" PVC SDR -26 Gravity Sewer (0-6' Deep) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ $ $ 80.00 65.00 70.00 480 LF 480 LF 840 LF $ $ $ 38,400.00 31,200.00 58,800.00 0 LF 1330 LF 610 LF $ $ $ - 86,450.00 42,700.00 $ $ $ 38,400.00 (55,250.00) 16,100.00 8" PVC SDR -26 Gravity Sewer (8-10' Deep) 16" Steel Encasement 10" x 4"Service Wye I $ $ $350.00 75.00 150.00 1 120 LF 15 LF 201 EA $ $ $ 9,000.00 2,250.00 7,000.00 0 LF 0 LF 0 EA $ $ 1 $ - - - $ $ $ 9,000.00 2,250.00 7,000.00 As Designed I JW/NoParticipationjDev. Responsibility City Responsibility Description-- CitUnit Total Qty I Unit I Total Difference 8" x 4" Service Wye Rock Excavation $ $ 300.00 250.00 31 EA 670 CY $ $ 9,300.00 167,500.00 51 EA 350 CY $ $ 15,300.00 87,500.00 $ 1 $ (6,000.00) 80,000.00 Class 7 Aggregate Base Course $ 25.00 901 LF $ 22,525.00 9011 LF $ 22,525.00 I$ - Interceptor 3 4' Manhole (0-6' Depth) $ 4,000.00 10 EA $ 40,000.00 10 EA $ 40,000.00 $ - 4' Manholes, Extra Depth Manhole Drop Connection $ $ 250.00 750.00 13.9 VF 3 EA $ $ 3,475.00 2,250.00 16.1 VF 0 EA $ $ 4,025.00 - $ $ (550.00) 2,250.00 10" PVC SDR-26 Gravity Sewer (0-6' Deep) $ 75.00 180 LF $ 13,500.00 0 LF $ - $ 13,500.00 10" PVC SDR-26 Gravity Sewer (6-8' Deep) $ 80.00 300 LF $ 24,000.00 0 LF $ - $ 24,000.00 8" PVC SDR-26 Gravity Sewer (0-6' Deep) $ 65.00 0 LF $ - 360 LF $ 23,400.00 $ (23,400.00) 8" PVC SDR-26 Gravity Sewer (6-8' Deep) $ 70.00 380 LF $ 26,600.00 1330 LF $ 93,100.00 $ (66,500.00) 8" PVC SDR-26 Gravity Sewer (8-10' Deep) $ 75.00 1490 LF $ 111,750.00 660 LF $ 49,500.00 $ 62,250.00 16" Steel Encasement $ 150.00 26 LF $ 3,900.00 0 LF $ - $ 3,900.00 8" x 4" Service Wye $ 300.00 1 36 EA $ 10,800.00 36 EA $ 10,800.00 $ - Rock Excavation $ 250.00 1140 CY $ 285,000.00 885 CY $ 221,250.00 $ 63,750.00 Class 7 Aggregate Base Course $ 25.00 165 LF $ 4,125.00 165 LF $ 4,125.00 $ - Lateral 4 4' Manhole 0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 0.8 VF $ 200.00 0 VF $ - $ 200.00 8" PVC SDR-26 Gravity Sewer (0-6' Deep) $ 65.00 143 LF $ 9,295.00 143 LF $ 9,295.00 $ - Rock Excavation $ 250.00 20 CY $ 5,000.00 10 CY $ 2,500.00 $ 2,500.00 Class 7 Aggregate Base Course $ 25.00 31 LF $ 775.00 31 LF $ 775.00 $ - Lateral 5 4' Manhole (0-6' Depth) $ 4,000.00 1 JEA 1 $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 1 VF $ 250.00 1.3 VF $ 325.00 $ (75.00) 8" PVC SDR-26 Gravity Sewer (0-6' Deep $ 65.00 25 LF $ 1,625.00 25 LF $ 1,625.00 $ - 8" PVC SDR-26 Gravity Sewer (6-8' Deep) $ 70.00 136 LF $ 9,520.00 136 LF $ 9,520.00 $ - Rock Excavation $ 250.00 47 CY, Z22.00 47 CY $ 11,750.00 $ - Class 7 Aggregate Base Course $ 25.00 28 LF $ 700.00 28 LF $ 700.00 $ - 16" Steel Encasement Lateral 6 $ 150.00 31 LF $ 4,650.00 20 LF - $ 3,000.00 $ 13650.00 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 2.2 VF $ 550.00 0 VF $ - $ 550.00 8" PVC SDR-26 Gravity Sewer (0-6' Deep) 8" PVC SDR-26 Gravity Sewer (6-8' Deep) 8" x 4" Service Wye $ $ $ 65.00 70.00 300.00 0 LF 174 LF 5 EA $ $ $ - 12,180.00 1,500.00 174 LF 0 LF 5 EA $ $ $ 11,310.00 - 1,500.00 $ $ $ (11,310.00) 12,180.00 - Rock Excavation Lateral 7 $ 250.00 80 CY $ 20,000.00 20 CY $ 5,000.00 $ 15,000.00 4' Manhole (0-6' Depth) 1 $ 4,000.00 1 1 EA 1 $ 4,000.00 1 1 EA 1 $ 4,000.00 1 $ - -71 As Designed W/ No Pnrticinatinn I r)av Rasnnnsihilihi I r'ih. Description City Unit Total MY Unit Total Difference 4' Manholes, Extra Depth $ 250.00 3.1 VF $ 775.00 3.1 EA $ 775.00 $ - 8" PVC SDR -26 Gravity Sewer 0-6' Deep) $ 65.0050 LF $ 3,250.00 50 EA $ 3,250.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 90 LF $ 6,300.00 90 LF $ 6,300.00 $ - 8" PVC SDR -26 Gravity Sewer (8-10' Deep) $ 75.00 60 LF $ 4,500.00 60 LF $ 4,500.00 $ - 8" x 4" Service Wye $ 300.00 4 EA $ 1,200.00 4 EA $ 1,200.00 $ - Rock Excavation $ 250.00 75 CY $ 18,750.00 75 CY $ 18,750.00 $ Class 7 Aggregate Base Course $ 25.00 30 LF $ 750.00 30 LF $ 750.00 $ Lateral 8 4' Manhole 0-6' Depth) 1 $ 4,000.00 1 1 EA I $ 4,000.00 1 EA $ 4,000.00 $ 8" PVC SDR -26 Gravity Sewer (0-6' Deep) 1 $ 65.00 1 277 LF 11$ 18,005.00 1 277 EA 1 $ 18,005.00 1 $ - 8" x 4" Service Wye 1 $ 300.00 1 91 EA 1$ 2,700.00 1 91 EA 1 $ 2,700.00 1 $ - Rock Excavation 1 $ 250.00 1 251 CY 1 $ 6,250.00 1 251 CY 1 $ 6,250.00 1 $ - Lateral 9 4' Manhole 0-6' Depth) $ 4,000.00 3 EA $ 12,000.00 3 EA $ 12,000.00 $ - 4' Manholes, Extra Depth $ 250.00 7.2 VF $ 1,800.00 7.2 VF $ 1,800.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 120 LF $ 7,800.00 120 LF $ 7,800.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 360 LF $ 25,200.00 360 LF $ 25,200.00 $ - 8" PVC SDR -26 Gravity Sewer (8-10' Deep) $ 75.00 365 LF $ 27,375.00 365 LF $ 27,375.00 $ - 8" x 4" Service Wye $ 300.00 21 EA $ 6,300.00 21 EA $ 6,300.00 $ - Rock Excavation $ 250.00 350 CY $ 87,500.00 350 CY $ 87,500.00 $ - Class 7 Aggregate Base Course $ 25.00 52 LF $ 1,300.00 52 CY $- 16" Steel Encasement $ 150.00 20 LF $ 3,000.00 20 LF $- Latera/ 10 4' Manhole (0-6' Depth) $ 4,000.00 1 1 EA $4,000.00 1 EA $ 4,000.00 $ 8" PVC SDR -26 Gravity Sewer 0-6' Deep) $ 65.00 55 LF $ 3,575.00 55 LF 1 $ 3,575.00 1 $ - 8" x 4" Service Wye 1 $ 300.00 1 11 EA $ 300.00 11 EA 1 $ 300.00 1 $ - Rock Excavation $ 250.00 1 8 CY 1 $ 2,000.00 1 8 CY I $ 2,000.00 1 $ - Lateral 11 4' Manhole (0-6' Depth) $ 4,000.00 1 2 EA 1 $ 8,000.00 2 EA $ 8,000.00 $ - 4' Manholes, Extra Depth $ 250.00 4.1 VF $ 1,025.00 2.9 VF $ 725.00 $ 300.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ $ 65.00 70.00 160 LF 40 LF $ $ 10,400.00 2,800.00 200 LF 0 LF $ $ 13,000.00 - $ $ (2,600.00 2,800.00 Rock Excavation Class 7 Aggregate Base Course $ $ 250.00 25.00 60 CY 81 LF $ $ 15,000.00 2,025.00 15 CY 81 LF $ $ 3,750.00 2,025.00 $ $ 11,250.00 - 16" Steel Encasement $ 150.00 18 LF $ 2,700.00 18 LF $ 2,700.00 $ - 12 1Latera/ 4' Manhole (0-6' Depth) $ 4,000.00 2 EA 1 $ 8,000.00 1 21 EA 1 $ 8,000.00 $ - 4' Manholes, Extra Depth $ 250.00 1 2.9 VF 1 $ 725.00 1 0.2 VF 1 $ 50.00 1 $ 675.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 1 310 LF I $ 20,150.00 1 350 LF 1 $ 22,750.00 1 $ (2,600.00) LA As Designed I lW/NoParticinatinniDpv RpsnnnaihiFt,, I Description Qtv Unit Total City Unit Total Difference 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 40 LF $ 2,800.00 0 LF $ - $ 2,800.00 8" x 4" Service Wye $ 300.00 14 EA $ 4,200.00 14 EA $ 4,200.00 $ - Rock Excavation $ 250.00 65 CY $ 16,250.00 0 CY $ - $ 16,250.00 Class 7 Aggregate Base Course $ 25.00 350 LF $ 8,750.00 350 LF $ 8,750.00 $ - 16" Steel Encasement $ 150.00 44 LF $ 6,600.00 44 LF $ 6,600.00 $ - Lateral 13 Not Used Lateral 14 4' Manhole 0-6' Depth) $ 4,000.00 4 EA $ 16,000.00 4 EA $ 16,000.00 $ - 4' Manholes, Extra Depth $ 250.00 3.3 VF $ 825.00 0 VF $ - $ 825.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 330 LF $ 21,450.00 570 LF $ 37,050.00 $ (15,600.00) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 520 LF $ 36,400.00 520 LF $ 36,400.00 $ - 8" PVC SDR -26 Gravity Sewer (8-10' Deep) $ 75.00 240 LF $ 18,000.00 0 LF $ - $ 18,000.00 8" x 4" Service Wye $ 300.00 24 EA $ 7,200.00 24 EA $ 7,200.00 $ - Rock Excavation $ 250.00 590 CY $ 147,500.00 240 CY $ 60,000.00 $ 87,500.00 Class 7 Aggregate Base Course$ 25.00 68 LF $ 1,700.00 68 LF $ 1,700.00 $ - 16" Steel Encasement $ 150.00 0 LF $ - 20 LF $ 3,000.00 $ (3,000.00 Lateral 15 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 0.9 VF 1 $ 225.00 0 VF $ - $ 225.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 0 LF $ - 85 LF $ 5,525.00 $ 5,525.00) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 85 LF $ 5,950.00 0 LF $ - $ 5,950.00 Rock Excavation $ 250.00 30 CY 1 $ 7,500.00 0 CY $ - $ 7,500.00 Lateral 16 4' Manhole (0-6' Depth) $ 4,000.00 2 EA $ 8,000.00 2 EA $ 8,000.00 $ - 4' Manholes, Extra Depth $ 250.00 2.8 VF $ 700.00 2.8 VF $ 700.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 120 LF $ 7,800.00 120 LF $ 7,800.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 207 LF $ 14,490.00 207 LF $ 14,490.00 $ - 8" x 4" Service Wye $ 300.00 18 EA $ 5,400.00 18 EA $ 5,400.00 $ - Rock Excavation $ 250.00 140 CY $ 35,000.00 140 CY_ $ 35,000.00 $ Class 7 Aggregate Base Course $ 25.00 627 LF $ 15,675.00 627 LF - Lateral 17 4' Manhole (0-6' Depth) $ 4,000.00 1 IEA 1 $ 4,000.00 1 EA $ 4,000.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 78 LF $ 5,070.00 78 LF $ 5,070.00 $ - 8" x 4" Service Wye 1 $ 300.00 1 31 EA I $ 900.00 1 31 EA $ 900.00 1 $ - Rock Excavation $ 250.00 14 CY $ 3,500.00 14 CY $ 3,500.00 $ - Lateral 18 4' Manhole (0-6' Depth) $ 4,000.00 2 EA $ 8,000.00 1 21 EA $ 8,000.00 $ - 4' Manholes, Extra Depth I $ 250.00 1 1.2 1 VF 1 $ 300.00 1 0 VF I $ -I $ 300.00 L A As Designed W/ No Participation Dev. Responsibility City Responsibility Description City I Unit I Total city Unit Total Difference 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $65.00 59 LF $ 3,835.00 420 LF $ 27,300.00 $ (23,465.00 8" PVC SDR -26 Gravity Sewer (6-8' Deep $ 70.00 361 LF $ 25,270.00 0 LF $ - $ 25,270.00 8" x 4" Service Wye $ 300.00 11 EA $ 3,300.00 11 EA $ 3,300.00 $ - Rock Excavation $ 250.00 142 CY $ 35,500.00 22 CY $ 5,500.00 $ 30,000.00 16" Steel Encasement $ 150.00 0 Lt! - 20 LF $ 3,000.00 $ 3,000.00) Class 7 Aggregate Base Course $ 25.00 38 LF $ 950.00 38 LF $ 950.00 $ - Lateral 19 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 40 LF $ 2,600.00 128 LF $ 8,320.00 $ 5,720.00) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 88 LF $ 6,160.00 0 LF $ - $ 6,160.00 8" x 4" Service Wye $ 300.00 3 EA $ 900.00 3 EA $ 900.00 $ - Rock Excavation $ 250.00 33 CY $ 8,250.00 20 CY $ 5,000.00 $ 3,250.00 16" Steel Encasement $ 150.00 0 LF $ - 20 LF $ 3,000.00 $ (3,000.00) Class 7 Aggregate Base Course $ 25.00 31 LF $ 775.00 31 LF $ 775.00 $ - Lateral 20 4' Manhole (0-6' Depth) $ 4,000.00 2 EA $ 8,000.00 2 EA $ 8,000.00 $ 4' Manholes, Extra Depth $ 250.00 0.1 VF $ 25.00 0.1 VF $ 25.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 200 LF $ 13,000.00 0 LF $ - $ 13,000.00 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 40 LF $ 2,800.00 569 LF $ 39,830.00 $ (37,030.00 8" PVC SDR -26 Gravity Sewer (8-10' Deep) $ 75.00 369 LF $ 27,675.00 40 LF $ 3,000.00 $ 24,675.00 8" x 4" Service Wye $ 300.00 17 EA $ 5,100.00 17 EA $ 5,100.00 $ - Rock Excavation $ 250.00 340 CY $ 85,000.00 235 CY $ 58,750.00 $ 26,250.00 Class 7 Aggregate Base Course $ 25.00 92 LF $ 2,300.00 92 LF $ 2,300.00 $ - Lateral 21 4' Manhole 0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 360 LF $ 23,400.00 360 LF $ 23,400.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 40 LF$ 2,800.00 40 LF $ 2,800.00 $ - 8" x 4" Service Wye $ 300.00 13 EA $ 3,900.00 13 EA $ 3,900.00 $ - Rock Excavation $ 250.00 10 CY $ 2,500.00 10 CY $ 2,500.00 $ - Lateral 22 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 1.8 VF $ 450.00 0 VF $ - $ 450.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 280 LF $ 18,200.00 280 LF $ 18,200.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 120 LF $ 8,400.00 120 LF $ 8,400.00 $ - 8" x 4" Service Wye $ 300.00 13 EA $ 3,900.00 13 EA $ 3,900.00 $ - Rock Excavation $ 250.00 45 CY $ 11,250.00 45 CY $ 11,250.00 $ - Lateral 23 4' Manhole (0-6' Depth) $ 4,000.00 1 EA 1 $ 4,000.00 1 1 EA 1 $ 4,000.00 1 $ - 4' Manholes, Extra Depth $ 250.00 1 2.9 VF 1 $ 725.00 1 2.91 VF I $ 725.00 1 $ - AS Designed I W/ No Pnrtirinntinn I nav Rasnnnsihilit,, I r.iTv RoennncihiGh. Description Qty Unit I Total Qt Unit Total Difference 8" PVC SDR -26 Gravity Sewer 0-6' Deep) $ 65.00 210 LF $ 13,650.00 210 LF $ 13,650.00 $ 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 190 LF 1 $ 13,300.00 190 LF $ 13,300.00 $ - 8" x 4" Service Wye $ 300.00 13 EA $ 3,900.00 13 EA $ 3,900.00 $ - Rock Excavation $ 250.00 971 CY 1 $ 24,250.00 97 CY 1 $ 24,250.00 $ - Lateral 24 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ 4' Manholes, Extra Depth $ 250.00 1.9 VF $ 475.00 1.9 VF $ 475.00 $ - 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 100 LF $ 6,500.00 100 LF $ 6,500.00 $ - 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 58 LF $ 4,060.00 58 LF $ 4,060.00 $ - 8" x 4" Service Wye $ 300.00 1 EA $ 300.00 1 EA $ 300.00 $ - Rock Excavation $ 250.00 38 CY $ 9,500.00 38 CY $ 9,500.00 $ - 16" Steel Encasement $ 150.00 14 LF $ 2,100.00 14 LF $ 2,100.00 $ - Class 7 Aggregate Base Course $ 25.00 37 LF $ 925.00 37 LF $ 925.00 $ - Lateral 25 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ 4' Manholes, Extra Depth $ 250.00 6.5 VF $ 1,625.00 5.2 VF $ 1,300.00 $ 325.00 8" PVC SDR -26 Gravity Sewer (0-6' Deep) $ 65.00 0 LF $ - 200 LF $ 13,000.00 $ (13,000.00) 8" PVC SDR -26 Gravity Sewer (6-8' Deep) $ 70.00 200 LF $ 14,000.00 0 LF $ - $ 14,000.00 8"x4"Service Wye $ 300.00 4 E $ 1,200.00 4 E $ 1,200.00 $ - Rock Excavation $ 250.00 55 CY $ 13,750.00 25 CY $ 6,250.00 $ 7,500.00 16" Steel Encasement $ 150.00 0 LF $ - 20 LF $ 3,000.00 $ (3,000.00) Class 7 Aggregate Base Course $ 25.00 28 LF $ 700.00 28 LF $ 700.00 $ - Latera/ 26 4' Manhole (0-6' Depth) $ 4,000.00 1 EA $ 4,000.00 1 EA $ 4,000.00 $ - 4' Manholes, Extra Depth $ 250.00 5 VF $ 1,250.00 4.3 VF $ 1,075.00 $ 175.00 8" PVC SDR -26 Gravity Sewer 0-6' Deep) $ 65.00 0 LF $ - 30 LF $ 1,950.00 $ 1,950.00) 8" PVC SDR -26 Gravity Sewer 6-8' Deep) $ 70.00 200 LF $ 14,000.00 170 LF $ 11,900.00 $ 2,100.00 8" x 4" Service Wye $ 300.00 4 EA $ 1,200.00 4 EA $ 1,200.00 $ - Rock Excavation $ 250.00 75 CY $ 18,750.00 60 CY $ 15,000.00 $ 3,750.00 16" Steel Encasement Class 7 Aggregate Base Course $ $ 150.00 25.00 0 LF 28 LF $ $ - 700.00 20 LF 28 LF $ $ 3,000.00 700.00 $ $ (3,000.00) - Iota! Est. Cost To City Responsibility $ 2,776,535.00 $ 458,060.00 I W; Y . JknY 'Ftr{1' dwdloays 0 R r FF r'n a..arit D- L L,k Ul E Alberta! t — 1 J _ � anxy Di PROJECT LOCATION I Proposed Lift Station I i VICINITY MAP MASTER STREET PLAN N.T.S. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 73-19 File Number: 2019-0145 RUPPLE ROAD REGIONAL SEWER LIFT STATION: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENTION TO SHARE IN THE COST OF CONSTRUCTING A REGIONAL SEWER LIFT STATION NEAR RUPPLE ROAD WHEREAS, City staff has determined that providing sewer service to the approximately 450 -acre basin between Centennial Park at Millsap Mountain and Broyles Avenue with one regional lift station, instead of multiple smaller lift stations as parcels in the area are developed will be in the City's best interest for long term maintenance and operational savings; and WHEREAS, the preliminary estimated cost of a regional lift station for this area is $2,087,400.00; and WHEREAS, the cost share is intended to give the developer and engineer confidence to move forward with a regional design approach knowing that the City has expressed an interest in participating in an appropriate future cost share; and WHEREAS, the City's portion of the cost share is not known at this time and may depend, in part, on how many developers and property owners participate in the cost share agreement. 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 expresses its intention to share in the cost of constructing a regional sewer lift station near Rupple Road with property owners and developers in the lift station service area. Page 1 Printed on 3120119 File Number: 2019-0145 Resolution 73-19 PASSED and APPROVED on 3/19/2019 Attest: Sondra E. S y��4WsCit�tQerk Treasurer i,AYE7TFVtt.r i Page 2 Printed on 3120119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2020-0080 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C. 2 BID #20-26 TRI STAR CONTRACTORS, LLC - 2019 BOND PROJECT: A RESOLUTION TO AWARD BID #20-26 AND AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC IN THE AMOUNT OF $620,456.38 FOR THE UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $93,068.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 SALES TAX BOND 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 awards Bid #20-26 and authorizes Mayor Jordan to sign a contract with Tri Star Contractors, LLC in the amount of $620,456.38 for the Upper Scull Creek 2 Drainage Improvements Project, and further approves a project contingency in the amount of $93,068.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 Matt Casey Submitted By City of Fayetteville Staff Review Form 2020-0080 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/24/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $620,456.38 with Tri-Star Contractors, LLC for the construction of the Upper Scull Creek 2 Drainage Improvements Project, approval of a project contingency of $93,068. (15%) and approval of a budget adjustment. 4604.860.7422-5817.00 Account Number 46040.7422 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: 4604 - Drainage Bond Projects Fund Upper Scull Creek Drainage Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 7,968,467.00 $ 919,253.48 $ 7,049,213.52 $ 713,524.38 $ 6,335,689.14 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Amount includes bid amount of $620,456.38 plus a 15% contingency of $93,068.00. CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: January 24, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $620,456.38 with Tri-Star Contractors, LLC for the construction of the Upper Scull Creek 2 Drainage Improvements Project, approval of a project contingency of $93,068. (15%) and approval of a budget adjustment. RECOMMENDATION: Approval of a contract in the amount of $620,456.38 with Tri Star Contractors, LLC for the construction of the Upper Scull Creek 2 Drainage Improvements Project, approval of a project contingency of $93,068 (15%) and approval of a budget adjustment. BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes Installation of approximately 968 linear feet of 4'x3' box culvert to 36" storm sewer pipe from Walnut Avenue, east along Johnson Street, north along Olive Avenue and ending on the north side of Rebecca Street. This project replaces existing storm sewer pipes and ditches that are deteriorating and are much too small to handle the amount of water that drains through this neighborhood during larger rain events. DISCUSSION: On January 16, 2020, the City received five (5) construction bids for this project. Tri Star Contractors, LLC submitted the low bid which was approximately 25% below the Engineer's Estimate of $830,200.00. Engineering staff recommends awarding this contract to Tri Star Contractors, LLC. The contract time is 210 days (7 months) for final completion. BUDGET/STAFF IMPACT: The drainage improvements are funded by the 2019 Drainage Bond Program. The water and sewer relocations in this project are funded by the Sales Tax Capital Improvements Water and Sewer Improvements Fund. Attachments: Section 0500 Agreement Bid Submittal Bid Tab Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS Contract No.: 20-26, Construction THIS AGREEMENT is dated as of the day of in the year 20_ by and between The City of Fayetteville, Arkansas and Tri Star Contractors (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project requires demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, waterlines, sidewalk, and asphalt pavement. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500-1 DOCUMENT 00500 - AGREEMENT (continued) Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 180 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 280 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT(continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer, ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENTcontinued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6,01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all. (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Ageeinent 00500-5 DOCUMENT 00500 — AGREEMENTAcontinued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: UPPER SCULL CREEK 2 DRAINAGE IMPROVEMENTS 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (eontinued) 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility undcr the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. § § 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts 00500 Agreement 00500-9 DOCUMENT 00500 -- AGREEMENT (continued) each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Effective Date of the Agreement. CONTRACTOR: By: A Mh 0A Go e,AQ-fi.1L15 (Type or legibly print) (Signature) Tide: �2StC�S�'- 1� 20� which is the CITY OF FAYETTEVILLE By: Lioneld Jordan (Signature) Title: Mayor 00500 Agreement 00500- 10 DOCUMENT 00500_— AGREEMENT (continued) Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shah attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of Stag to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Atte t Attest 00500 Agreement 00500- 11 (SEAL) DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 113 W. Mountain St. N Q , 71-7Lok Fayetteville, AR 72701 License No. (� t' -0 04' L V S � 0 Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500 - 12 Aft CITY OF JUM FAYETT€MLLE ARKANSAS Dates of Advertisement: 12.11.2019 & 12.18.2019 Issue Date: 01 16,2020 Number of Addendums: Certfication of Funds: $ Max Award Amount: $ Bid 20-26, Construction - Scull Creek Drainage Ph 2 Official Bid Tabulation L,mold Jordan, Mayor M Bid No, 20-26 Date: 01. 17.2020 Time: 2:00 PM ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY Goodwin & Goodwin, Inc. Kajacs Contaseton, Inc. Mission Contracton, LLC Sweetser Construction, Inc. Tri-Star Contractors, LLC UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT UNIT PRICE AMOUNT PRICE AMOUNT 1 Mobilization (Shall not exceed S% of Total Bid) LS 1 $ 35,000.00 $ 35,000,00 $ 45,000.00 $ 45,000.00 $ 30,000.00 $ 30,000.00 $ 23,700,00 $ 23,700.00 $ 25,819.58 $ 25,819.58 2 Insurance and Bonding LS 1 $ 40,000.00 $ 40,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 10,975.00 $ 10,975.00 $ 17,660.30 $ 17,660.30 3 Construction Control (Staking) LS 1 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 5,400.00 $ 5,400.00 $ 5,500.00 $ 5,500.00 4 Traffic Control and Maintenance LS 1 $ 20,D00.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 1810D0.00 $ 18,000.00 $ 81500.00 $ 81500.00 5 Act 291, 1993 Trench & Excavation Safety Systems LS 1 $ 1,000.00 $ 1,000.00 $ 7,500.00 $ 7,500.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 6 Clearing, Grubbing, & Demolition LS 1 $ 45,000.00 $ 45,000.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ 20,000.00 7 Remove and Dispose of Concrete Sidewalkand Driveway SY 216 $ 20.00 $ 4,320.0[1 $ 10.00 $ 2,160.00 $ 50.00 $ 10,800.00 $ 20.00 $ 4,320.00 5 5.00 $ 1,080.00 8 Remove and Dispose of Concrete Curb and Gutter LF 550 $ 20.00 $ 11,000.00 $ 10.00 $ 5,500.00 $ 25.00 $ 13,750.D0 $ 20.00 $ 11,000.00 $ 5.00 $ 2,750.00 9 Remove and Oxp-of Existing Strom sewer Iet EA 4 $ 1,200.00 $ 4,800.00 $ 1,000.00 $ 4,000.00 $ 800.00 $ 3,200.00 $ 1,500.00 $ 6,000.00 $ 1,200.00 $ 4,800.00 30 Remove and Dispose of Existing Storm 5ewer Pipe LF 525 $ 25.00 $ 13,125.00 $ 10.00 $ 5,250.00 $ 45.00 $ 23,625.00 $ 30.00 $ 15,750.00 $ 10.00 $ 5,250.00 11 Sawcut and Remove Asphalt Pavement SY 208 $ 20.00 $ 4,160, D0 $ 10.00 $ 2,080.00 $ 55.00 $ 13,520.00 $ 25.00 $ 5,200.00 $ 5.00 $ 1,040.00 12 Site Grading LS 1 $ 30,DD0.00 $ 30,000. D0 $ 20,000.00 $ 20,000.00 $ 5,000.00 $ 5,000.00 $ 33,000.00 $ 33,000.00 $ 7,500.00 $ 7,500.00 13 Rock Excavation Cy 50 $ 100.00 $ 5,000.00 $ 100.00 $ 5,000.00 $ 100.00 $ 5,000.00 $ 250.00 $ 12,500.00 $ 50.00 $ 2,500.00 14 Headwall, Wngwalis and Apron Sto (+00 LS 1 $ 8,00000 $ 8,D00.00 $ 45,000.00 $ 45,000.00 $ 91000.00 $ 91000.00 $ 8100000 $ 81000.00 $ 10,000.00 $ 10,000.00 15 Handrail LF 34 $ 85.00 $ 2,890.00 $ 200.00 $ 6,800.00 $ 50.00 $ 1,703.00 $ 110.00 $ 3,740.00 $ 100.00 $ 3,400.00 16 4' x 3' Reinforced Concrete Box Culvert LF 528 $ 470.00 $ 248,160.00 $ 425.00 $ 224,400.00 $ 400.00 $ 211,200.00 $ 510.00 $ 269,280.00 $ 300.00 $ 158,400.00 17 18" RCP Storm Sewer Pipe LF 44 $ 50.00 $ 2,200.00 $ 100.00 $ 4,400.00 $ 100.00 $ 4,400.00 $ 4200. $ 1,848.00 $ 55.00 $ 2,420.00 18 36" RCP Storm Sewer Pipe LF 16 $ 170.00 $ 2,720.00 $ 150.00 $ 2,400.00 $ 250.00 $ 4,000. D0 $ 135.00 $ 2,160.00 $ 105.00 $ 1,680.00 19 53"x34" ERCP Storm Sewer Pipe LF 390 $ 250.00 $ 97,500.00 $ 200.00 $ 78,000.00 $ 240.00 $ 93,600.00 $ 250.00 $ 97,500.00 $ 175.00 $ 68,250.00 20 9'x 9' Drop Inlet (Al) EA 1 $ 16,000.00 $ 16,000.00 $ 17,500.00 $ 17,500.00 $ 9,000.00 $ 9,000.00 $ 15,000.00 $ 15,000.00 $ 11,000.00 $ 11,000.00 21 4'x 4' Drop Inlet( A2 -1,A4-1) EA 3 $ 4,500.00 $ 13,500.00 $ 4,500.00 $ 13,500.00 $ 5,000.00 $ 15,000.00 $ 4,200.00 $ 12,600.00 $ 3,500.00 $ 10,500.00 22 6'x 8' Drop Inlet EA 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 11,000.00 $ 11,000.00 $ 6,000.00 $ 6,000.00 23 6' x 6' Drop Inlet (A2, A4, A5, A6, A7) EA 5 $ 7,600.00 $ 38,000.00 $ 9,000.00 $ 45,000.00 $ 7,800.00 $ 39,000.00 $ 8,800.00 $ 44,000.00 $ 5,500.00 $ 27,500.00 24 6'x 6' Area Inlet (A9) EA 1 $ 7,600.00 $ 7,600.00 $ 9,000.00 $ 9,000.00 $ 8,000.00 $ 8,000.00 $ 9,000.00 $ 9,000.00 $ 5,700.00 $ 5,700.00 25 6'x 4' Drop Inlet( A3) EA 1 $ 7,600.00 $ 7,600.00 $ 7,000.00 5 7,000.00 $ 6,500.00 $ 6,500.00 $ 7,500.00 $ 7,500.00 $ 5,400.00 $ 5,400.00 26 7' x4' Drop Inlet (A5-1) EA 1 $ 8,000.00 $ 8,000.00 $ 7,000.00 $ 7,000.00 $ 7,500.00 $ 7,500.00 $ 8,100.00 $ 8,100.00 $ 5,000.00 $ 5,000.00 27 Flowable Fill for Existing Storm Sewer Pipe Cy 6 $ 125.00 $ 750.00 $ 250.00 $ 1,500.00 $ 350.00 $ 2,100.00 $ 300.00 $ 1,800.00 $ 140.00 $ 840.00 28 8' Drop Inlet Extension EA 2 $ 3,000.00 $ 6,D00.00 $ 1,000.00 $ 2,000.00 $ 2,500.00 $ 5,000.00 $ 1,200.00 $ 2,400.00 $ 1,800.00 $ 3,600.00 29 12' Drop Inlet Extension EA 1 $ 4,50000 $ 4,500.00 $ 1,300.00 $ 1,300.00 $ 3,500.00 $ 3,500.00 $ 1,800.00 $ 1,800.00 $ 2,975.00 $ 2,975.00 30 Concrete Curb and Gutter LF 998 $ 30.00 $ 29,940.00 $ 25.00 $ 24,950.00 $ 23.00 $ 22,954.00 $ 24.00 $ 23,952.00 $ 18.00 $ 17,964.00 31 6" Concrete Driveway Replacement SY 135 $ 65.00 $ 8,775.00 $ 120.00 $ 16,200.00 $ 63.00 $ 8,505.00 $ 75.00 $ 10,125.00 $ 60.00 $ 8,100.00 32 Concrete Sidewalk Replacement SY 375 $ 55.00 $ 20,625.00 $ 75.00 $ 28,125.00 $ 44.00 $ 16,500.00 $ 64.00 $ 24,000.00 $ 42.00 $ 15,750.00 33 Tuncated Domes for ADA Ramps SF 50 $ 30.00 $ 1,800,00 $ 30.00 $ 1,800.00 $ 18.00 $ 1,08[1.00 $ 3000 $ 1,800.00 $ 25.00 $ 1,500.00 34 Asphalt Milling SY 410 $ 20.00 $ 8,200,00 $ 20.00 $ 8,200.00 $ 13.00 $ 5,330.00 $ 15,00 $ 6,150.00 $ 8.00 $ 3,280.00 35 2"HMAC Overlay SY 410 $ 22.00 $ 9,020,00 $ 35.00 $ 14,350.00 $ 23.00 $ 9,430.00 $ 42.00 $ 17,220.00 $ 13.75 $ 5,637.50 36 Gravel Driveway Replacement (6") SY 190 $ 20.00 $ 3,800.00 $ 30.00 $ 5,700.00 $ 35.00 $ 6,650. D0 $ 15.00 $ 2,850.00 $ 8.00 $ 1,520.00 37 T-Patch(Concrete Only) SY 110 $ 115.00 $ 12,650.00 $ 60.00 $ 6,600.00 $ 150.00 $ 16,500D0 $ 150.00 $ 16,500.00 $ 75.00 $ 8,250.00 38 T- Patch (Concrete and Asphalt) SY 108 $ 105.00 $ 11,340.00 $ 85.00 $ 9,180.00 $ 200.00 $ 21,600.00 $ 175.00 $ 18,900.00 $ 85.00 $ 9,180.00 39 Flexamat Channel Lining SY 80 $ 6000 $ 4,800.00 $ 135.00 $ 10,800.00 $ 125.00 $ 10,000.00 $ 40.00 $ 3,200.00 $ 67.50 $ 5,400.00 40 Solid Sod SY 1,100 $ 8.50 $ 9,350.00 $ 10.00 $ 11,000.00 $ 9.00 $ 9,900.00 $ 6.00 $ 6,600.00 $ 5.00 $ 5,500.00 41 Mailbox Replacement EA 1 $ 300.00 $ 300,00 $ 350.00 $ 350.00 $ 100.00 $ 100.00 $ 400,00 $ 400.00 $ 500.00 $ 500.00 42 Block Wall Replacement Sta 7+10 (if needed) LS 1 $ 5,000.00 $ 5,000.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500,00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 43 Tree Protection Fencing LF 250 $ &00 $ 2,000.00 $ 2.00 $ 500.00 $ 10.00 $ 2,50000 $ 7.00 $ 1,750.00 $ 7.50 $ 1,875.00 44 2" Sugar Maple (Acer Saachamm Plant Where Directed EA 10 $ 500.00 $ 5,000.00 $ 1,000.00 $ 10,000.00 $ 400.00 $ 4,000.00 $ 425.00 $ 4,250.00 $ 750.00 $ 7,500.00 45 Site Photographs & Video LS 1 $ 3,000.00 $ 3,000,00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000,00 $ 3,000.00 $ 1,100.00 $ 1,100.00 46 In, Restoration LS 1 $ 40,000.00 $ 40,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 22,000.00 $ 22,000.00 $ 20,000.00 $ 20,000.00 47 Erosion Control LS 1 $ 5,000.00 $ 5,000.00 $ 22,000.00 $ 22,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 1,300.00 $ 1,300.00 48 Relocate Existing Street Sign EA 5 $ 375.00 $ 1,875.00 $ 250.00 $ 1,250.00 $ 250.00 $ 1,250.00 $ 300.00 $ 1,500.00 $ 250.00 $ 1,250.00 49 Core Drill Box Culyert and Stub Out 10 LF of 2" PVC EA 1 $ 1,500.00 $ 1,500,00 $ 750.00 $ 750.00 $ 1,000.00 $ 1,000.00 $ 800,00 $ 800.00 $ 1,000.00 $ 1,000.00 TOTAL BASE BID (SCHEDULE 1): $ 878,800.00 $ 829,545.00 $ 756,194.00 $ 826,570.00 $ 548,171.38 BID SCHEDULE 2 (Water) ITEM NO. DESCRIPTION ESTIMATED UNIT QUANTITY UNIT PRICE AMOUNT UNIT UNIT PRICE AMOUNT PRICE AMOUNT UNIT UNIT PRICE AMOUNT PRICE AMOUNT 50 Cut Existing 6" CI and Install Tee EA 3 $ 3,000.00 $ 9,000.00 $ 1,500.00 $ 4,500.00 $ 2,000.00 $ 6,000.00 $ 1,500.00 $ 4,500.00 $ 2,000.00 $ 6,000.00 51 6" Gate Valve EA 5 $ 1,800.00 $ 9,000.00 $ 1,500.00 $ 7,500.00 $ 3,000.00 $ 15,000.00 $ 2,000.00 $ 10,000.00 $ 1,800.00 $ 9,000.00 52 6" PVC C900 DR -14 Water Main LF 135 $ 85.00 $ 11,475.00 $ 75.00 $ 10,125.00 $ 55.00 $ 7,425.00 $ 56.00 $ 7,560.00 $ 45.00 $ 6,075.00 53 1" Copper Service Line LF 220 $ 15.00 $ 3,30000 $ 50.00 $ 11,000.00 $ 20.00 $ 4,400.00 $ 43.[10 $ 9,460.00 $ 30.00 $ 6,600.00 54 Connect New Service Line to Existing Water Meter EA 9 $ 80000 $ 7,200.00 $ 1,000.00 $ 9,000.00 $ 233.00 $ 2,097.00 $ 600.00 $ 5,400.00 $ 750.00 $ 6,750.00 55 12" Steel Encasement (By Open Cut) LF 44 $ 130.00 $ 5,720.00 $ 125.00 $ 5,500.00 $ 157.00 $ 6,908.00 $ 120.130 $ 5,280.00 $ 115.00 $ 5,060.00 56 Cut and Cap Existing 6" Water Main EA 6 $ 1,600.00 $ 9,600.00 $ 1,500.00 $ 9,000.00 $ 1,000.00 $ 6,000,00 $ 3,500.00 $ 21,000.00 $ 1,100.00 $ 6,600.00 57 Epoxy Coated Ductile Iran Fittings LB 2500 $ 6.00 $ 15,000.00 $ 12.50 $ 31,250.00 $ 7.00 $ 17,500.00 $ 12.00 $ 30,000.00 $ 8.00 $ 20,000.00 58 Three Way Fire Hydrant Assembly With Valve EA 1 $ 5,000.00 $ 5,000.00 $ 4,850.00 $ 4,850.00 $ 5,850.00 $ 5,850.00 $ 6,800.00 $ 6,800.00 $ 5,500.00 $ 5,500.00 59 Remove Existing Fire Hydrant and Deliverto Owner EA 1 $ 800.00 $ 800.00 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 $ 700.00 $ 700.00 $ 700.00 $ 700.00 TOTAL BASE BID (SCHEDULE 2): $ 76,095.00 $ 93,225.00 $ 72,380.00 $ 100,700.00 $ 72,285.00 TOTAL BASE BID (SCHEDULE 1 & 2): $ 954,895.00 $ 922,770.00 $ 828,574.00 $ 927,270.00 $ 620,456.38 UPPER SCULL CREEK DRAINAGE IMPROVEMENTS PHASE 11 for the City of Fayeattevi 11 e Street — West North Stteet Ad-, streets = a' ieµ Clebum Street Ifhnrn Sireel a. i .leb"n StreetZ - - West Prospect Street. V,Nson ga—.-- West Louise street � a a' a West Ila strelt' o e Z a Z West Maple Street 1 West Lafayette Street West wxwr, Street n n E r� E 0 c` t t z z o z West Dickson Street Bid No. 19-59 November 2019 — _East N4nh Street d C ¢ East Ba -ter Lane a' 7 East Cleburn Street Z PROJECT LOCATION . East RCbf<c.+ti'�!�c_� v a' ass Jo noon street v 0 c �a \wEast Gunter z v N c yr --'East Maple Street LL a t C U _o z° /I2 3 3 z 2 ■ _. _ East Lafayette Street_ AR 45 _ East La = o — i z t— East Sutton Street f west Dickson Street ■ East P,ckson street t T 1 1 ¢ P i VICINITY MAP CITY OF FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $620.456.38 with Tri-Star Contractors, LLC for the construction of the Upper Scull Creek 2 Drainage Improvements Project, approval of a project contingency of $93,068 (15%) and approval of a budget adjustment COUNCIL DATE: LEGISTAR FILE ID#: 2/18/2020 2020-0080 1/28/2020 8:02 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: I CHKD/POSTED: 2/18/2020 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20191231 Account Name 4604.860.7422-5817.00 620,457 - 46040 7422 EX Improvements - Bridge & Drainage 4604.860.7422-5911.99 4604.860.7999-5899.00 93,068 - (713,525) - 46040 7422 EX 46040 7999 EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\02-18-2020\BA 2020-0080 Upper Scull Creek Drainage 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0095 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 3 RZN 19-6966 (1340 N. PORTER RD./ROSS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6966 FOR APPROXIMATELY 1.38 ACRES LOCATED AT 1340 NORTH PORTER ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 units per acre to RI -U, Residential Intermediate, Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0095 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/31/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6966: Rezone (1340 N. PORTER RD./ROSS, 403): Submitted by BETTYE ROSS for property located at 1340 N. PORTER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.38 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE, URBAN. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner DATE: January 31, 2020 CITY COUNCIL MEMO SUBJECT: RZN 19-6966: Rezone (1340 N. PORTER RD./ROSS, 403): Submitted by BETTYE ROSS for property located at 1340 N. PORTER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.38 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE, URBAN. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to RI -U, Residential Intermediate - Urban as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the northeast corner of Porter Road and Cornerstone Place. The property currently has a single-family home and is zoned RSF-4, Residential Single-family 4 Units per Acre. Request: The request is to rezone the parcel from RSF-4, Residential Single-family, 4 Units per Acre to RI -U, Residential Intermediate - Urban. The applicant has not stated specific development intent other than to develop this property for residential use or sell it. Public Comment: Staff did receive public comment from adjacent neighbors in opposition to the previous request of RMF -12. The neighbors are opposed to rezoning actions that would put apartments immediately next to their house, which could negatively impact property values. They are concerned about the density allowed under the previously proposed RMF -12 zoning and would prefer single-family homes or condos. Additional public comment on RMF -12 brought up concerns about how more traffic might impact streets in the nearby neighborhoods, like Hatfield Street. Motorists currently use Hatfield Street as a quick cut -through between Porter Road and Sang Avenue to get to the traffic light at Wedington Drive and Sang Avenue. Hatfield Street does not currently have sidewalks, so pedestrians and vehicles share the road. These neighbors would like traffic calming measures along their street to help with additional traffic on Porter Road. Land Use Compatibility: Staff finds the proposed RI -U to be generally compatible with adjacent properties. The development scale, types, and patterns permitted within RI -U zoning district are compatible with the surrounding single-family uses. Although RI -U lacks a density limit, the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 property is restricted in size and land uses allowed by -right. Multi -family is only permitted by conditional use and any by -right development will need to balance the number of units with parking, tree preservation, and drainage. At the same time, it is worth noting the diverse housing in the wider area, which includes multi -family and townhome developments, suggesting that greater density may be appropriate. RMF -12 does exist across Porter Road from the subject property to the southwest and is developed with multi -family dwellings at a higher density than the surrounding single-family homes. Additionally, the property's location on a higher - classification street compliments higher density. Land Use Plan Analysis: Staff finds the proposal to meet City Plan 2040 goals and policies and to be in keeping with the Future Land Use Map. The Future Land Use Map (FLUM) in City Plan 2040, designates the subject and surrounding properties as Residential Neighborhood Area. Residential Neighborhood Area is a classification that includes a wide variety of residential uses, ranging from single- to multi -family. Residential Neighborhood Areas are also intended to support residential housing that is contextual and of appropriate scale. Goal #1 of City Plan 2030 is "We will make appropriate infill and revitalization our highest priorities." This goal further states that the City should promote development that reflects the existing community character. Under the RI -U zoning district, the required land area requirements decrease and density allowances increase when compared to the RSF-4 zoning district. In some cases, this may result in development that varies in character from adjacent properties. However, staff does believe that duplexes, triplexes, and quadplexes allowed by -right in RI -U may result in a form compatible with single-family homes. The proposal is complimentary of many City Plan 2040 goals. Unlike the existing RSF-4 zoning district, RI -U allows a broad spectrum of housing types, which may promote opportunities for attainable housing (City Plan 2040 Goal #6). Additionally, the subject property's location adjacent to Porter Road, a Neighborhood Link street and well -used transportation route with bus stops for Razorback Transit, makes development under this proposal a potential contributor to establishing a livable transportation network (Goal #4). Lastly, rezoning the property to RI -U, including its associated build -to zone and unlimited density, encourages infill development in a traditional town form (Goal #3), with new structures addressing the street and utilizing existing services and infrastructure. DISCUSSION: On January 27, 2020, the Planning Commission heard the original proposal by the applicant asking for RMF -12. Planning Commission asked the applicant if they would be amenable to RI - U, which the applicant agreed. Planning Commission then forwarded the proposal to City Council with a recommendation for approval by a vote of 6-2-0. Commissioners Brown and Garlock dissented, citing concerns over land use incompatibility and wanting to protect healthy single- family neighborhoods. No public comment was made during the hearing. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 19-6966 Close Up View ARTHUR HART ST Iwo MEGAN DR CORNERSTONE PL Y O,S' Ov RMF -12 Legend I _ J Design Overlay District Planning Area L � Fayetteville City Limits L Building Footprint ROSS I 19-6966 RMF -6 SKYLER DR NL=r �J RSF-4 Proposed Subject Property HOLLY ST Exhibit 'A' LAWSON ST NORTH Zoning Acres N/A 1.5 Feet 0 75 150 300 450 600 1 inch = 200 feet Total 1.5 19-6966 - Exhibit V Part of the Southwest Quarter (SV -4) of the Northwest Quarter (NW,4) of Section 8, Township 16 North, Range 30 West, and being more particularly -described as follows, to -wit: Beginning at the Northwest corner of said 40 acre tract; thence Ej4st 385 feet; thence South Oo 13' West, 165 feet; thence West 385 feet; ,thence North Oo 13' East 165 feet to the point of beginning and containing 1.46 acres, more or less. �0 %1 v Po rrte r P d 4��ffevrl/e, ,qv 7a70/. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner MEETING DATE: January 27, 2020 UPDATED W/ PC RESULTS SUBJECT: RZN 19-6966: Rezone (1340 N. PORTER RD./ROSS, 403): Submitted by BETTYE ROSS for property located at 1340 N. PORTER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.38 acres. The request is to rezone the property to RMF -12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 19-6966 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 19-6966 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located on the northeast corner of Porter Road and Cornerstone Place. The property currently has a single-family home and is zoned RSF-4, Residential Single-family 4 Units per Acre. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Cavalry Baptist Church RSF-4, Residential Single-family, 4 Units per Acre South Single-family RSF-4, Residential Single-family, 4 Units per Acre East Single-family RSF-4, Residential Single-family, 4 Units per Acre West Single-family RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the subject property from RSF-4 to RMF -12, Residential Multi- family, 12 Units per Acre. The applicant has not stated specific development intent other than to develop themselves or sell to someone who will build multi -family. Public Comment: Staff has public comment from adjacent neighbors in opposition to this request. The neighbors are opposed to rezoning that would put apartments immediately next to their house, which could negatively impact property values. They are concerned about the density allowed under the proposed zoning and would prefer single-family homes or condos instead. INFRASTRUCTURE: Streets: The subject property has frontage to North Porter Road. North Porter Road is a partially improved Neighborhood Link with asphalt paving, open ditches, and sidewalk along the property's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to this parcel. There is an existing 4 -inch water main along North Porter Road that can serve parcel 765-04767-000. Sewer: Sanitary Sewer is available to this parcel. An existing 6 -inch sanitary sewer main is present along North Porter Road that can serve this parcel. Drainage: No portion of the site lies within floodplain, a streamside protection area, or the Hilltop -Hillside Overlay District. However, there are hydric soils that have been identified on the subject property. Improvements or requirements for drainage would be determined at the time of development. Fire: The site will be protected by Station 2, located at 708 N Garland Ave. The property is located approximately 1.5 miles from the fire station with an anticipated drive time of approximately 3 minute using existing streets. The anticipated response time would be approximately 5.2 minutes, which is within the response time goal of 6 minutes. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff's findings regarding land use compatibility are mixed. In staff's opinion, the development scale, types, and patterns permitted within the proposed RMF -12 zoning district are not fully compatible with the immediately surrounding single-family uses and densities. At the same time, it is worth noting the diverse housing in the wider area, which includes multi -family and townhome developments, suggesting that greater density may be appropriate. RMF -12 does exist across Porter Road from the subject property to the southwest and is developed with multi -family dwellings at a higher density than the surrounding single-family homes. Additionally, the property's location on a higher -classification street compliments higher density. GAETC\Development Services Review\2019\Development Services\19-6966 RZN 1340 N. Porter Rd. (Ross) 403\ Land Use Plan Analysis: As with staff's land use compatibility findings, land use plan compatibility findings are mixed. The proposed zoning is somewhat compatible with the Future Land Use Map (FLUM) in City Plan 2040, which designates the subject and surrounding properties as Residential Neighborhood Area. Residential Neighborhood Area is a classification that includes a wide variety of residential uses, ranging from single- to multi- family. However, Residential Neighborhood Areas are also intended to support residential housing that is contextual and of appropriate scale. Goal #1 of City Plan 2030 is "We will make appropriate infill and revitalization our highest priorities." This goal further states that the City should promote development that reflects the existing community character. Under the RMF - 12 zoning district, the required land area requirements decrease and density allowances increase when compared to the RSF-4 zoning district. This may result in development that is of significantly varying character from adjacent properties. The proposal is complimentary of many City Plan 2040 goals. Unlike the existing RSF-4 zoning district, RMF -12 allows a broad spectrum of housing types, which may promote opportunities for attainable housing (City Plan 2030 Goal #6). Additionally, the subject property's location adjacent to Porter Road, a well -used transportation route and Neighborhood Link street, has resulted in it being near bus stops for Razorback Transit, making development under this proposal a potential contributor to establishing a livable transportation network (Goal #4). Lastly, rezoning the property to RMF -12, including its associated build -to zone and density, encourages infill development in a traditional town form (Goal #3), with new structures addressing the street and utilizing existing services and infrastructure. On the balance, staff is in support of the project because of how the proposal meets City Plan 2040's goals and provides more housing along established transit corridors. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, a rezoning to RMF -12 at this location is justified at this time. While current land use compatibility and the Future Land Use Map designation vary somewhat on the appropriateness of the scale and development patterns allowed by RMF -12, the alignment of the request with many of City Plan 2040's goals suggest a rezoning is suitable. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff's findings regarding traffic danger or congestion are mixed. With a higher level of development intensity permitted under the RMF -12 zoning district, rezoning the property will likely increase the amount of traffic over the existing RSF-4 zoning district. However, staff is happy to work with the applicant at the development level regarding safety for pedestrians and motorists and address curb cut locations along Porter Road. Because Porter road is identified as a Neighborhood Link on the City's Master Street Plan GAETC\Development Services Review\2019\Development Services\19-6966 RZN 1340 N. Porter Rd. (Ross) 403\ and this property only has access to Porter Road and not through an adjacent subdivision, staff feels that any additional traffic will not directly impact adjacent neighborhoods. A Neighborhood Link street has the capacity for traffic generated by 16 or 17 more residential units. Furthermore, if the impact of development is determined to be sufficient, sidewalks and other improvements may be required along the property frontage. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RMF -12 will increase the potential population density, and may increase the load on facilities and services. Given the size of the property however, a maximum density of approximately 16 or 17 units is possible and unlikely to have adverse effects. Under the RMF -12 zoning district's requirements there is the potential for multiple single- or two-family dwellings, or, with the adequate provision of parking and stormwater facilities, a multi -family development. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 19-6966 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 27, 2020 O Tabled 0 Forwarded O Denied (Motion: Johnson Motion to forward to CC with a recommendation of RI -U Second: Paxton Motion passes; Commissioners Brown and Garlock dissenting Vote: 6-2-0 BUDGET/STAFF IMPACT: None GAETC\Development Services Review\2019\Development Services\19-6966 RZN 1340 N. Porter Rd. (Ross) 403\ Attachments: • Unified Development Code: o §161.07 — District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.14 — District RMF -12, Residential Multi -Family - Twelve (12) Units Per Acre • Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6966 RZN 1340 N. Porter Rd. (Ross) 403\ 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 1 Cultural and recreational facilities Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 1 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet i Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462,12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1- 17-17; Ord. No. 6015, § 1(Exh. A), 11-21-17) 161.14 - District RMF -12, Residential Multi -Family - Twelve (12) Units Per Acre (A) Purpose. The RMF -12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit Limited business 12a Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. 100 Manufactured home park feet Lot within a manufactured home 50 feet park Single family 45 feet Two (2) family 45 feet j Three (3) and more 80 feet 100 Professional offices feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 square home park feet Townhouse: Individual lot 2,500 square feet 4,500 square Single-family feet Two (2) family 6,000 square feet Three (3) or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices I 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. A build -to zone that is located between the front property 8 feet line and a line 25 feet from the front I i 5 feet 20 feet 5 feet Side Side Rear Rear Single &Other Front Other Single Two (2) Uses Uses Family Family I A build -to zone that is located between the front property 8 feet line and a line 25 feet from the front I i 5 feet 20 feet 5 feet property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of- way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592,6-18-13; Ord. No. 5664,2-18- 14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , § 1, 11-1-16; Ord. No. 5945, § § 5, 8, 9, 1-17-17; Ord. No. 6015, § 1(Exh. A), 11-21-17) REZONING -1340 NO PORTER RD FAYETTEVILLE, AR REASON FOR REZONING IS THE HIGHEST AND BEST USE FOR THE LAND APPEARS TO BE MULTI -FAMILY, RMF 12. THE SURROIJNDING PROPERTIES AND PROPERTIES IN THE GENERAL AREA ARE A MIXTURE OF RESIDENTIAL AND MULTI -FAMILY ( EXCEPT THE CALVARY BAPTIST CHURCH WHERE REZONING TO MULTI -FAMILY, RMF 12 WOULD HAVE MINIMAL TO NO IMPACT) MULTI -FAMILY IS IN LINE WITH FAYETTEVILLE'S FUTURE USE MASTER PLAN. (RESIDENTIAL NEIGHBORHOOD AREAS ARE PRIMARILY RESIDENTIAL IN NATURE AND SUPPORT A VARIETY OF HOUSING TYPES OF APPROPRIATE SCALE AND CONTEXT, INCLUDING SINGLE FAMILY, MULTI- FAMILY AND TOWNHOUSES. WITH THE HIGHEST AND BEST USE FOR THE LAND BEING MULTI -FAMILY, RMF 12, HAVING THE PROPERTY REZONED NOW WILL GIVE THE OPTION OF DEVELOPING IT INTO MULTI -FAMILY OR SELLING IT TO A MULTI FAMILY DEVELOPER AT THE HIGHEST AND BEST USE VALUE. BETTYE AND ASHLEY ROSS Jackie & Arnold King - Phone Call - Tuesday 8:40 AM -Opposed to rezoning for apartments -Density is too high -Concerned it would negatively impact property value and neighborhood -Would support condos or single-family homes file:///city/... 6%20RZN%201340%20N.%20Porter%20Rd.%20(Ross)%20403/Public%20Comment/King,%20Jackie%20-%20Phone%201.txt[1/21/2020 9:36:55 AM] Caroline Hruska, Sarah Jensen - Neighbors - 1:30 PM - Phone -Concerned about traffic generated by zoning proposal -Cut through traffic between Porter and Sang on Hatfield to get to the light at Sang and Wedington -Concern about traffic/traffic speeds along Hatfield which does not have sidewalks -Want speedbumps on cut -through traffic streets like Hatfield file:///city/... ORZN%201340%20N.%2OPorter%2ORd.%20(Ross)%20403/Public%2OComment/Hruska,%2OCaroline%20-%2OPhone%201.txt[1/27/2020 2:17:50 PM] RZN19-6966 I ROSS One Mile View t RMF -24I 0 0.125 0.25 0.5 Miles s lei Or. i 1 11 0 i R -A NORTH S MORE - W Z RMF -40 i' RMF -6I O If a 'Subject Property -2 q' 0 RMF -12 4Q = R -O O EDINGT DR 1 , • f a DEANE ST 1' W / Z i a ~� RSF-4 10 4%*4P*, CLEVELAND ST '00 i Legend i--- - _ _ _ : z°nmg RESIDENTIAL SINGLE-FAMILY MN&G � RI -u � �z canarel Ina°awal EXTRACTION _E-, COMMERCIAL 1 Planning Area = RIGP Rasitl—.I-Agtl=.— RSF-.fi Rasitlentlal-O(fce =C8 ��-tl RSF-1 FORM BASED DISTRICTS � � � � Fayetteville City Limits - ❑ RSF Rs:, wnmwn co �U,roanrham°gh,are o=.1 t _ _ Main SVaeGC 1.11 RSF-fi � oawnwwn canarel — — Shared Use Paved Trail RSF-,S RESIDENTIAL MULTLFAMILV �°amm.i,ysaM=a, Naighbamaatl S—irea Trail (Proposed) Q RMF-fi — RMF -18 Nei,hb....d Cansarvatlan PLANNED ZONING DISTRICTS Cammerd9, Intlua-, Resid.-I ----� Design Overlay District ---- ' i Planning Area----�- Fayetteville City -- EJ �RMFs4 I -ST HaavyCammamlalantlLigMlntluaal INSTITUTIONAL RZN 19-6966 Close Up View ARTHUR HART ST Iwo M MEGAN DR CORNERSTONE PL Y J �A�RT 4R RMF -12 4k/�r Legend I _ J Design Overlay District Planning Area L � Fayetteville City Limits L Building Footprint ROSS RMF -6 SKYLER DR NL=r �J RSF-4 Proposed Subject Property HOLLY ST LAWSON ST NORTH Zoning Acres N/A 1.5 Feet 0 75 150 300 450 600 1 inch = 200 feet Total 1.5 RZN 19-6966 ROSS Current Land Use HOUSTON ST `i HOUSTON ST W w m O Mixed Use Residential -n-- -rT-F-T-___ SKYLER DR 1 , ■ b�- Church �} Mixed Use 'CORNE Residential iLa Mme' \ �.. ' Church - Mixed Use 'CORNE Residential NF�'Yp0 w • J, LAWSONAT a �RTO� o Single Family � - oil *' ••f I '. HOLLY ST _ .. milk i I I F i LU VALLEY DR c� HATFIELD ST Q i Streets Existing FEMA Flood Hazard Data MSP Class COLLECTOR 10o -Year Floodplain Trail (Proposed) Feet Floodway Planning Area 0 112.5 225 450 675 900 — —� Fayetteville City Limits 1 inch = 300 feet Design Overlay District RZN 19-6966 Future Land Use SYCAMORE SY v�0 4Q COP HOUSTON ST,'/" T,i Q i LU m i ARTHUR HART,' T m w i > a ROSS Lr7 I & i Subject Property c i MEGAN DR i i i NEWPORT ORNERSTO�YE PL i i� �Ov i <v iw �a Z, w Cn w VALLEY DR i �i Legend Planning Area L — —� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint 160 HATFIELD ST Feet SKYLER DR HOLLY ST 0 145 290 580 870 1,160 1 inch = 400 feet DITo LAWSON ST z Q U) HOLLY ST LU Q m LU z FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Urban Center Area Industrial Civic and Private Open Space/Parks Civic Institutional J a O HOUSTON ST Q w 0: z Z O a -' Lr7 I & i Subject Property c i MEGAN DR i i i NEWPORT ORNERSTO�YE PL i i� �Ov i <v iw �a Z, w Cn w VALLEY DR i �i Legend Planning Area L — —� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint 160 HATFIELD ST Feet SKYLER DR HOLLY ST 0 145 290 580 870 1,160 1 inch = 400 feet DITo LAWSON ST z Q U) HOLLY ST LU Q m LU z FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Urban Center Area Industrial Civic and Private Open Space/Parks Civic Institutional City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0094 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 4 VAC 19 6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of general utility easements and rights-of-way are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the of a water and sewer easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 15 -foot by 20 -foot utility easement shall be dedicated at the southwest corner of the subject property as shown on Exhibit C to the Planning Department's memo. City of Fayetteville, Arkansas Page I Printed on 2/5/2020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0094 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water & sewer easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF ■ FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Abdul Ghous, Planner DATE: January 31, 2020 CITY COUNCIL MEMO SUBJECT: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water & sewer easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6973 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 15 -foot by 20 -foot utility easement shall be dedicated at the southwest corner of the subject property (see exhibit `C'). BACKGROUND: The subject property is located at the southwest corner of N. College Avenue and E. Longview Street. The property is zoned C-2, Thoroughfare Commercial. DISCUSSION: At the January 27, 2020 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with the conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Commission Staff Report VAC19-6973 BF COMMERCIAL HOLDINGS 19-6973 Close up view EXHIBIT 'A' KENRAY ST r LU 'a LU z a J a 12-A LONGVIEW ST V bject Property Legend Planning Area L � ' Fayetteville City Limits L - - Trail (Proposed) I _ J Design Overlay District Building Footprint RSF-4 HAROLD ST R -O NORTH [ Residential -Agricultural RSF-4 Feet RI -12 Residential -Office 0 75 150 300 450 600 C-2 1 inch = 200 feet 19-6973 EXHIBIT 'B' SURVEY 7ES[.It TION - FASFh)FNT TO BE VACATED AS RE('.UI2DED IN OFF 7 HOOK 843, PAGE 431 A PART OF THE SOUTHWEST QJARTER (SW1,14) OF THE SOUTHEAST ALAR -ER (SEI f4) OF SECTION TWENTY-SIX (26), TOWNSHIP SEVENTEEN (17) NORTF-, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICLLARL- DESCRIBED AS FOLLOW& COMMENCING AT THE NORTHEAST CORNER OF SAID 4D ACRE TRACT; THENCE 502'29'36"N 655.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE N86`29'34'W 313.00 FEET TO AN EXISTING COTTON SPINDLE FOR II•E T;SUE POINT OF -_01NNING; THENCE 586°29'34"E 20.00 FEET TO A POINT; THENCE S02"29'36"W 213.28 FEET TO A POINT; THENCE N87'+3, -'40"W 20.00 FEET TO A POINT; THENCE NO2'29'36"E 213.46 FEET TC THE POINT OF BEGINNING. -1 H�- 1 HE I --I .-.N —11 THE =2I I., I IT - — -------------- - - - - - - - - - - - - - - - - - - L W--------- - - - - - - - D -N �4R�GE�l��,�,*�OF�E��HP�'�C���ER�� C00- HO_G CO .. IIIHI A� O� GN r2V 1 0 HE.E ""' I 'I LINE Or - 4D - 7 TO THE EOUTHM OORNER Or. IN 1- .1 1 Or j __ ILEO N D. .. I, AT 0r.OLIGE.-N.1= �%l ��EE MT N MILE, I - T"" T.NOE 111121 1 11 N I N H I N C I I IHE "'I.E.I.. 11 T�E'= SM"TID I ' -E-T Or THE 111 11 11 - 11 . 411 1 THE - -1- -- I - OTHER -.E- E/.1 I-- -1DI . - Or IEI1-11 . 1- (-/4) Or THE GEUT- Gema(11/1) 01 -01 1- (1). N p No A-, IDII IIIE PWZRn1EI1E MIHINTONLO- Or 'I TrT =GMC TO A PONT THEN =1 OM 'E,. IiI-Or IIEE 21 " FD` 0 TI -FC E -1 I'l 1116,1N- 1 � 1-1 THENCE 1110. TO A THENOE N.% of I, "IC -�-T =� -/41 01 -TON -G. (01), _ , _ 1111 11 11111-1 III= Al TO-: ��'IL�IN HL�l L.IHDI Or A - LEI -�!ZI IT ZI-A �1 I 'I rz-AT ME III RON RXT III IV -11: -1 "114121 1 112 -1 11 o A, . OT . IE . _ /2F� IIIIN r T11111 HIIII 231 1�05� '0 A T5,�T 0- 111T,2.11 TI. I)�A,10.&IHDITIC . 10I - 0. IT IECT 1. 1 TI.NTO TT.R-I -21111 11 HGET 1. A THENCI _GO rI IHI 101�T 01 19-6973 EXHIBIT 'C' 5 E n Z, XA C"MY17 "I" TME T'X`1U1= V 111 0 1 1 1 11 1 OH -I 1. THE - E -E T�� PLISIff,-N TS Ir%V 8��,T r, H.O Tr -D, =1 EENIT=4 I AHY GTH. ZOOT ly THIN - Or EXC- THE CUM- = -,"UN =,R,11 .1A NIT E-1.1 Gr� 11 OIIIERIK L -C -NH1 -1 GrA�l LEGEND I I INI ENT ('I H I I Or THE I.= -- 'I N, T-1 IDD- FEr N - - I S... . I.. "T Es (THTMV`�­ EDTr�Ay 'EIT'C"111W T� m1m 01-11I.Mcl-1.1 - I TH 11 T TUI T�l -E..TG, THE I- TO PrOHW IHINNICIMN-1. OU -='I' ITLINT131' I' CIE -G -R. .I EAGE.-G, I I -T HI I.- IIEES -I -E..G x.I ;r. N -1 H- R .11 1- IN =E ..E =41'... ARA Alan Rai BF COMMERCIAL HOLDING LLC. 3215 AND 3271 N COLLEGE - E AAND­ 3- N, COLLEGE -LE EASEMENT VACATION & DEDICATION CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Abdul R. Ghous, Planner MEETING DATE: January 27, 2020 Updated 1.28.20 - PC FWD SUBJECT: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water and sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6973 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6973 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is located at the corner of N. College Avenue and E. Longview Street. The property is zoned C-2, Thoroughfare Commercial. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use I Zoning North, East, South & West I Commercial I C-2, Thorouqhfare Commercial Proposal: The request is to vacate a 20 -foot water and sewer easement which runs along the subject property's western boundary (see vacation exhibit 'C'). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments: City of Fayetteville Response Water/Sewer No objections, provided a 15 -foot by 20 -foot utility easement is dedicated at the southwest corner of the subject property. Solid Waste & Recycling Transportation No objections and no comment. No objections and no comment. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6973 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 15 -foot by 20 -foot utility easement shall be dedicated at the southwest corner of the subject property (see exhibit `C'). PLANNING COMMISSION ACTION: Required YES Date: January 27, 2020 O Tabled dForwarded O Denied Motion: Winston Planning Commission Forwarded VAC 19-6973 to City Council with a recommendation for approval Second: Johnson subject to all conditions stated by staff. Approved Vote: 8-0-0 on consent agenda. BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6973 VAC 3275 N. College Ave. (BF Holdings) 213\03 PC\01-27-2020\Comments December 3, 2019 City of Fayetteville Planning & Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Utility Easement Vacation Dear Planners, Alan Reid &ASSOCIATES PROFESSIONAL LAND SURVEYORS On behalf of my client, Jason Bedford, dba BF Commercial Holding LLC, I am submitting for your review a proposed utility easement vacation. The easement lies near and along the West boundary of 3275 & 3277 North College Avenue. The existing twenty foot wide easement would be entirely vacated through his property and a new easement would be dedicated, surrounding the existing manhole, as per the direction of Fayetteville Water & Sewer Department. There are no utilities located in the existing easement. If you have any questions, please feel free to call me at my office. Best regards, A Reid Professional Land Surveyor Arkansas Registration 1005 479.444.8784 113 S. College Avenue Fayetteville, Arkansas 72701 479 444 8754 arasurveyingC3sbcglobal. net Petition to vacate a water and sewer easement located in a part of the SW1/4 of the SEI/4 of Section 26, T -17-N, R -30-W, Fayetteville, Washington County, Arkansas, said easement being described in Deed Book 843 at page 431 of the land records of Washington County, Arkansas, and being wholly contained in petitioners tract of land (Land Parcel 765-15755-000). Adjoining lands are neither contiguous nor benefit from the existing easement. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in a part of the SWI/4 of the SE1/4 of Section 26, T -17-N, R -30-W, Fayetteville, Washington County, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A DART OF THE SOUTHWEST OUARTER (SW1/4) OF THE SOUTHEAST OUARI 1; (SE1/4) OF SECTION TWENTY—SIX (26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRIY (30) WEST- OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S02`29'36"W 655.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE N66'29'34"W 315.00 FEET TO AN EXISTING COTTON SPINDLE FOR THE TRUE P0INT OF BEGINNING; THENCE S86`29'34"E 20.00 FEET TO A POINT; THENCE S02`29'36"W 213.28 FEET TO A POINT; THENCE N87`00'40"W 20.00 FEET TO A POINT; THENCE NO2°29'36"E 213.46 FEET TO THE POINT OF RECINN'NG. That the abutting real estate affected by said abandonment of the easement are land parcels 765- 15761-000, 765-15768-000 and 765-15769-000, City of Fayetteville, Arkansas. The public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described easement. Dated this AO day of December, 2019. 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COLLEGE AVEN E ANDINANGAI 3263 N, COLLEGE EGE —LE 111 A EASEMENT VACATION & DEDICATION VAC 19-6973 One Mile View C-2 BF COMMERCIAL HOLDINGS NORTH 0 0.125 0.25 0.5 Miles Z P-1 SAIN ST VANTAGE 6� \ R -O <04(GVIEW ST m - At - a in -Wil Legend Planning Area Fayetteville City Limits — — Shared Use Paved Trail Trail (Proposed) Design Overlay District \E NGVIEW Planning Area - =- Fayetteville City Limits Subject Property F HAROLD ST __=jl� f STUBBLEFIELb RD ROLLING HILLS DR C -I yen n,, RESIDENTIAL SINGLE-FAMILY EXTRACTIONIna NS -G = E - Ni -u RI -12 COMMERCIAL ntial -Office N9 -L ial-Fgricul�val Ce'itle C-2 RSF°s" .c -a NSF-, FORM BASED DISTRICTS aF-z oownmwn core �urna�moroa9nfare NSF-' Mein SVeetCenter NSF -a �oowniown General F.,a Cam .tyserviees RESIDENTIAL MULTI -FAMILY Neignbod,00a Ie Is N:::N Brood Conservation MF,z PLANNED ZONING DISTRICTS — commeroiat in stnai, Resiaemiai INSTITUTIONAL� RM" INDUSTRIAL eavycommert, and1,q Industrial VAC19-6973 1 BF COMMERCIAL HOLDINGS Close Up View KEN RAY ST LU 'a LU z C-2 LONGVIEW ST Subject Property Legend Planning Area L � Fayetteville City Limits L Trail (Proposed) I _ J Design Overlay District Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet HAROLD ST a-0 A& NORTH Sk, Residential -Agricultural RSF-4 RI -12 Residential -Office . C-2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0100 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 5 C-PZD 19-6952 (5102 W. WEDINGTON DR./LBDG WEDINGTON): AN ORDINANCE TO APPROVE A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 19-6952 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 5102 WEST WEDINGTON DRIVE TO ALLOW THE DEVELOPMENT OF MINI -STORAGE UNITS AND ACCESSORY OFFICE AND RETAIL SPACE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves C-PZD 19-6952 as described in Exhibits `A', `B' and `C' attached to the Planning Division's Agenda Memo which allows the development of approximately 110,000 square feet of mini -storage units and 2,000 square feet of accessory office and retail space. Section 2: This C-PZD approval is subject to the following conditions: 1. The area south of the proposed mini -storage structures that is alternately described as right-of-way and access easement shall be dedicated as right-of-way at the time of development. 2. An access easement shall be dedicated between the proposed parking lot serving the office/retail building and the property to the east. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby approved to reflect the zoning criteria change provided in Section 1 above. City of Fayetteville, Arkansas Paye I Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0100 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/31/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: C-PZD 19-6952: Commercial Planned Zoning District (5102 W. WEDINGTON DR./LBDG WEDINGTON, 437): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 5102 W. WEDINGTON DR. The properties are zoned R -A, RESIDENTIAL AGRICULTURE and contain approximately 8.60 acres. The request is to rezone the property to C-PZD, Commercial Planned Zoning District. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: January 31, 2020 CITY COUNCIL MEMO SUBJECT: C-PZD 19-6952: Commercial Planned Zoning District (5102 W. WEDINGTON DR./LBDG WEDINGTON, 437): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 5102 W. WEDINGTON DR. The properties are zoned R -A, RESIDENTIAL AGRICULTURE and contain approximately 8.60 acres. The request is to rezone the property to C-PZD, Commercial Planned Zoning District. RECOMMENDATION: The Planning Commission recommends approval of C-PZD 19-6952 as shown in the attached Exhibits 'A', 'B', and `C', and with the following conditions of approval: 1. The area south of the proposed mini -storage structures that is alternately described as right-of-way and access easement shall be dedicated as right-of-way at the time of development; and 2. An access easement shall be dedicated between the proposed parking lot serving the office/retail building and the property to the east. Staff recommends denial of the request based on the findings herein. BACKGROUND: The subject property includes approximately 8.60 acres on the south side of Wedington Drive between Broyles and 54' Avenues. The property is currently zoned R -A, Residential -Agricultural, and is largely undeveloped except for a single-family dwelling near Wedington. The southern portion of the property includes floodplain and floodway associated with Owl Creek. Proposal: The proposal is to rezone the property to develop 110,000 square feet of mini -storage and 2,000 square feet of accessory office and retail. Land Use Compatibility: Staff does not find the proposed C-PZD to be compatible with the existing low-density residential and agricultural uses. The proposal does not locate mini -storage where it is generally most compatible: close to the residential and business uses it will serve, such as near a major intersection or employment center. Although screened from all directions and potentially less impactful than a comparably -sized retail or office development, the proposed mini -storage is incongruous with its large, approximately 50,000 -square foot industrial -style buildings and does Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 not compliment the character of the area with limited potential for an interconnected grid street system. Land Use Plan Analysis: Staff finds that the proposal is inconsistent with the property's Residential Neighborhood Area designation and the goals in City Plan 2030. While mini -storage may provide a service to residents and businesses, it is at its essence a warehousing use that is generally found in industrial and commercial areas, and portions of a City with more intense development. As proposed by the applicant, the eight -acre mini -storage development will offer limited accommodation for east -west access across the property between Wedington and Owl Creek, with a 43 -foot wide area set aside for a future street. This is located approximately 860 feet south of Wedington Drive. Furthermore, the effectively single -use nature of the proposed C-PZD will exclude the potential for a mix of land uses that can both compliment and counteract the low level of activity associated with mini -storage, thereby limiting its impact on the vitality of the street and desired interaction among existing and future land uses. All told, staff finds the proposed C-PZD to be in conflict with many of the factors encouraged in a planned zoning district, including land use compatibility, flexibility, variety, and harmony with the tenets of Fayetteville's Future Land Use Plan. DISCUSSION: At the January 13, 2020 Planning Commission meeting, Commissioners tabled the item to afford the applicant an opportunity to address staff and Commission concerns about the adverse impact of the development on future connectivity between the properties to the east and west. At the January 27, 2020 Planning Commission meeting, the item had its second hearing, where the applicant proposed dedication of an east -west, 43 -foot wide, right-of-way bisecting the property approximately 860 feet south of Wedington Drive. No public comment was made at either meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C o PZD Booklet o PZD Plats o PZD Architectural Examples • Planning Commission Staff Report PZD19-6952 I LBDG WEDINGTON Close Up View --------------;-------------------------------__-----, 11 Legend Planning Area Iz _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Subject Property RSF-4 Feet R -A 0 145 290 580 870 1,160 1 inch = 400 feet w a LO 19-6952 EXHIBIT 'A' m NORTH Residential -Agricultural RSF-4 RI -12 RMF -6 Community Services M Neighborhood Conservation 19-6952 EXHIBIT 'B' PARCEL 765-16190-000: Part of the Northwest quarter (NW %) of the Southeast quarter (SE %) of Section 11, Township 16 North, Range 31 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as: Commencing at the Northeast corner of said Northwest quarter (NW %) of the Southeast quarter (SE %) and running thence S 02°25'19" W a distance of 52.9 feet per AHTD job number 040423, to a 2" aluminum AHTD monument, being on the Southern right-of-way line of W. Wedington Drive, also known as Arkansas Highway 16 per AHTD job number 040423, also being the true POINT OF BEGINNING; Thence, from said POINT OF BEGINNING, continuing S 02°25'19" W a distance of 1,178.79 feet to a capped %" Rebar marked "1532"; Thence N 79°04'56" W a distance of 260.86 feet; Thence N 02°26'51" E a distance of 1,135.74 feet to an AHTD monument being on the said southern right-of-way line of W. Wedington Drive; Thence along the said Southern right-of-way line of W. Wedington Drive S 87°34'49" E a distance of 256.78' back to the POINT OF BEGINNING. Containing 6.829 acres or 297,465 square feet, more or less. And: PARCEL 765-16191-000: Part of the Northwest quarter (NW %) of the Southeast quarter (SE %) of Section 11, Township 16 North, Range 31 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as: Commencing at the Northeast corner of said Northwest quarter (NW %) of the Southeast quarter (SE %) and running thence S 02°25'19" W a distance of 52.9 feet per AHTD job number 040423, to a 2" aluminum AHTD monument, being on the Southern right-of-way line of W. Wedington Drive, also known as Arkansas Highway 16 per AHTD job number 040423; Thence along said right-of-way line N 87°34'49" W a distance of 256.78 feet to an AHTD monument on the east line of lot 1, Kjeldsen's Subdivision recorded as deed record 508 at page 175; Thence S 02°26'51" W a distance of 282.60 feet along said east line of lot 1 to a %" rebar found and accepted as the SE corner of said lot 1, being the true POINT OF BEGINNING; Thence from said POINT OF BEGINNING, S 02°26'51" W, passing through a capped 1/2" rebar marked "1826" at a distance of 732.53 feet, for a total distance of 832.53 feet to the centerline of Owl Creek; Thence along the centerline of Owl Creek the following four courses, said courses being approximate as observed during fieldwork conducted September 16, 2019; (1) S 86°11'40" W a distance of 21.02 feet, (2) N 56°38'05" W a distance of 31.22 feet, (3) N 22°11'23" W a distance of 60.24 feet and (4) N 57°32'32" W a distance of 31.16 feet Thence leaving said centerline of Owl Creek N 02°26'51" E, passing a capped 1/2" rebar marked "1826" at a distance of 30.00 feet, for a total distance of 748.42 feet to a %" capped rebar marked "1826" being the SW corner of said lot 1; Thence S 87°33'41" E a distance of 99.77 feet along the South line of said lot 1 of Kjeldsen's Subdivision back to the POINT OF BEGINNING. Containing 1.833 acres or 79,842 square feet, more or less. January 21, 2020 PZD BOOKLET Prepared for: LBDG Holdings, LLC 19-6952 EXHIBIT 'C' LBDG Wedington Development Submitted to: City of Fayetteville 125 W Mountain St. Fayetteville, Arkansas 72701 CT JOB NO. 19107900 Prepared by: Crafton Tull 300 North College, Suite 317 Fayetteville, AR 72701 1 479-455-2207 www.craftontull.com INDEX PROJECT INFORMATION »_1IAIONIa01MVZA MAN ILOW EXHIBITS: Y EXHIBIT A -ARCHITECTURAL RENDERINGS C10.0 OD Grafton Tull CITY OF 9 F'Y" E 7" i' if I L L 4.jii*,qW ARKANSAS CITY PLAN 2030 GOALS Y WE WILL MAKE APPROPRIATE INFILL AND REVITALIZATION OUR HIGHEST PRIORITIES. Y WE WILL DISCOURAGE SUBURBAN SPRAWL. Y WE WILL MAKE TRADITIONAL TOWN FORM THE STANDARD. Y WE WILL GROW A LIVABLE TRANSPORTATION NETWORK. Y WE WILL ASSEMBLE AN ENDURING GREEN NETWORK. Y WE WILL CREATE OPPORTUNITIES FOR ATTAINABLE HOUSING. C100 OD Grafton Tull C a U! Grafton Tull 1A CURRENT OWNERS: Parcel 765-16190-000: Labinot Dedushaj 7438 Hayden Way Springdale, AR 72762 Parcel 765-16191-000: Halsell Holdings LLC PO Box 10073 Fayetteville, AR 72703 The LBDG Wedington PZD is a proposed commercial development located at 5102 West Wedington Drive, approximately 1300 feet west of Broyles Avenue in Fayetteville. The property is currently zoned R -A. We are seeking to rezone to Planned Zoning District (PZD). The proposed development will consist of two self -storage buildings totaling 110,000 square feet and one office/retail building of around 2,000 square feet on 8.6 acres. Supplies (boxes, tape, packing material, etc.) ancillary to a moving business will be sold out of the office building. Additional areas on site will be set aside for storm water detention facilities and open areas that will be used for vegetative screenings. An existing 10' wide trail runs along the frontage of West Wedington Drive. The development will be serviced by City of Fayetteville water and sanitary sewer. tu f PROJEC i LOCATIC R -A Nti L P 100 C-4 Grafton Tull 1C 1. STREET AND LOT LAYOUT Access in and out of the site will be off West Wedington Drive. The retail/office space will front the road and parking will only be allowed in the rear. The main drive through the site has been laid out to miss existing tree's and provide a location for landscape berms that will shield the mini -storage units from view. Mini -storage units will be constructed in the central portion of the site. 43 feet of ROW will be dedicated south of the ministorage units outside of the fenced area. The detention pond will be located in the far southern portion of the site near Owl Creek. Please refer to the Plat Information portion of this report to view a conceptual layout of the site. 2. SITE PLAN SHOWING PROPOSED IMPROVEMENT The proposed commercial development will host a combination of retail/office space and mini -storage units on 8.6 acres. Access in and out of the site will be off West Wedington Drive. The retail/office space will front the road and parking will only be allowed in the rear. The main drive through the site has been laid out to miss existing tree's and provide a location for landscape berms that will shield the mini -storage units from view. Mini -storage units will be constructed in the central portion of the site. Water, sewer and storm sewer will be constructed as required within the development to service the additional buildings. Utility easements will be provided to allow for franchise utility connections. Please refer to the Plat Information portion of this report to view the Site plan. 3. BUFFER AREAS The site has been laid out to stay out of the dripline of the existing vegetation along the east and west sides of the property. These areas will remain untouched. As needed, trees will be planted in any gaps to establish a vegetative screen. Additionally, 6' wooden privacy or chain link fencing will be installed within Planning Area 1 on the east, west and south sides. Ornamental fencing with brick columns will be installed along the northern side of the mini -storage units (where fencing is visible from Wedington). Owl Creek runs along the southern property line, a 50' buffer will remain along this area and will be protected per UDC Chapter 168.12 for streamside protection zones. Planting berms will be constructed along the north side of the mini -storage units to shield these buildings from view off of W Wedington Drive. Planting berms will be in the style of golf course berms. They will be irregular in shape and undulate where possible. The overall height of the berms will be determined by space available while providing slopes that can be easily maintained. The plantings will consist of some smaller evergreen and ornamental tree species that will tend to keep a lower canopy for screening. The shrubs will be massed in groups that will grow together to provide a complete visual screen within two years. Typically these will be larger varieties that will exceed 5'-6' in height and width. C100 Grafton Tull 1C 4. TREE PRESERVATION AREAS The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection. The required 25% minimum tree canopy will be achieved through existing preservation and/or mitigation. 5. STORM WATER DETENTION AREAS AND DRAINAGE The 8.6 acre site is currently comprised of mainly of grasslands with tree's congregated along the existing fence lines. The property drains from northeast to southwest, towards Owl Creek. Storm water detention facilities will be placed on the southern portion of the site. The pond will be sized to meet the requirements set forth in the City of Fayetteville Drainage Criteria Manual. 6. UNDISTURBED NATURAL AREAS Vegetative buffers and existing trees will be protected as required per UDC Chapter 167. Existing vegetation along the east and west sides of the property will remain. Tree's along the central fence line will be removed. Owl Creek runs along the southern property line, a 50' buffer will remain along this area and will be protected per UDC Chapter 168.12 for streamside protection zones. Planting berms will be constructed along the north side of the mini -storage units to shield these buildings from view off of W Wedington Drive. 7. EXISTING AND PROPOSED UTILITY CONNECTIONS AND EXTENSIONS Both water and sewer are currently available on the property. Water leaving the detention pond will discharge directly into Owl Creek. New water, sanitary sewer, and storm sewer will all be designed and installed per City of Fayetteville standards. 100 C-4 Grafton Tull 1C 8. DEVELOPMENT AND ARCHITECTURAL DESIGN STANDARDS This development will comply with City of Fayetteville UDC Chapter 166.25 — Commercial, Office and Mixed Use Design and Development Standards. Office/Retail: The construction of the office/retail building shall be residential in nature. 75% of the front and side exterior walls must be brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination thereof. The remaining 25% shall be EFIS, stucco, or HardiePlank Lap Siding, or a combination thereof. The rear of the building shall be 25% brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination thereof. The remaining 75% shall be EFIS, stucco, or HardiePlank Lap Siding, or a combination thereof. Storage Buildings: Storage buildings shall be constructed of standard metal wall panels (R Panels) with overhead roll -up doors. 9. BUILDING ELEVATIONS Please refer to Exhibit A attached to this report to view the Building Elevations. D This 8.6 acre PZD consists of one Planning Area. Planning Area 1 encompasses the entire site which will include retail/office space, mini -storage units and storm water detention facilities. Further information can be seen in the Plat Information portion of this report. CC) Grafton Tull 1E Planning Area 1: A) Purpose. This PZD district is designed to provide mini -storage units and provide ancillary moving/packing materials for persons living in the surrounding communities. B) Uses. 1. Permitted Uses: 2. Conditional Uses: C) Density. None D) Bulk and Area Regulations. Unit 1 — City-wide uses by right Unit 15 — Neighborhood shopping goods Unit 25 — Offices, studios, and related services Unit 38 — Mini -storage units Unit 2 — City-wide uses by conditional use permit Unit 36 — Wireless communications facilities 1. Lot Width Minimum: 200 feet 2. Lot Area Minimum: None 3. Land Area Per Unit: None 4. Minimum Buildable Street Frontage: None E) Setback Requirements: Front Side Rear *A build -to zone that is located between the front property line and 20 feet 35 feet a line 35 ft. from the front property line *Note: BTZ for this development is required to be 0'-35', instead of City of Fayetteville typical 0'-25', due to the 25' utility easement along the frontage of W Wedington. F) Building Height Regulations. 1. Building Height Maximum: 1 Story G) Building Area: None H) Minimum Buildable Street Frontage: 10% of the lot width CC) Grafton Tull 1E Planning Area 1: 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: No parking allowed between structures and W Wedington Dr. Development will comply with UDC 172 Parking and Loading K) Signage: Monument sign will comply with UDC 174.10 for C Districts. Wall signs will comply with UDC 174.12 for C Districts. CC) Grafton Tull 1F Current Zoning requirements Versus Requested Zoning requirements: Total Site AC 8.6 Number of Dwelling Units 0 Nonresidential S uare Feet 112,000 Intensity (SF/AC) 13,023 Cle -0 Grafton Tull Requested Zoning Current Zoning PZD R -A Planning Area 1 Density Units/Acre or SF/Acre One-half 1/2 None Lot Width Minimum Ft 200 200 Lot Area Minimum (SF) Residential: 2 acres None Nonresidential: 2 acres Land Area Per Unit SF 2 acres None Minimum Buildable Street Frontage None 10% of the lot width Front Setback Ft 35 0-35' BTZ Side Setback Ft 20 20 Rear Setback Ft 35 35 There shall be no maximum height limits in the RA district, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent Single Story residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of the portion of the Building Height building and one (1) story. Max Building Area None None City-wide uses by right City-wide uses by right Public protection and utility facilities Neighborhood shopping oods Agriculture Offices, studios, and related services Animal Husband Mini -storage units Permitted Uses Single-family dwellings Two-family dwellings Manufactured homes Accessory dwellings Animal boarding and training City-wide uses by conditional use permit City-wide uses by conditional use permit Cultural and recreational facilities Wireless communications facilities Government facilities Conditional Uses Commercial recreation, large sites Home occupations Outdoor Music Establishments Wireless communications facilities Clean technologies Landscaping Unified Development Code Standards (UDC) Chapter 177 Unified Development Code Standards (UDC) Chapter 177 -No parking allowed between structures and W Wedington Parking UDC Standards for Residential Streets and Subdivisions Dr. -Unified Development Code Standards (UDC) Chapter 172 Signage -Monument sign will comply with UDC 174.10 for C Districts UDC Standards for R -A Zoning -Wall signs will comply with UDC 174.12 for C Districts This development will comply with City of Fayetteville UDC Chapter 166.25 — Commercial, Office and Mixed Use Design and Development Standards. Office/Retail: The construction of the office/retail building shall be residential in nature. 75% of the front and side exterior walls must be brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination Architectural UDC Standards for R -A Zoning thereof. The remaining 25% shall be EFTS, stucco, or HardiePlank Lap Siding, or a combination thereof. The rear of the building shall be 25% brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination thereof. The remaining 75% shall be EFIS, stucco, or HardiePlank Lap Siding, or a combination thereof. Storage Buildings: Storage buildings shall be constructed of standard metal wall panels (R Panels) with overhead roll -up doors. Cle -0 Grafton Tull 1G The 8.6 acre site consists of grasslands, fencerows, outbuildings and residential structures. The property drops around 34' from northeast to southwest. There are no known natural or man-made hazards that exist of site. 1H This PZD is solely a commercial development. The site has been laid out with open space and tree preservation in mind. The main drive weaves through the upper portion of the site to miss a group of existing large trees and will allow the construction of landscape berms that will block the view of the mini -storage units from W Wedington Drive. A large area of open space will remain along Owl Creek and along W Wedington Drive. 11 Currently the property is zoned RA — Residential Agriculture. Unit 15 — neighborhood shopping goods, unit 25 — offices, studios, and related services, and unit 38 — mini -storage units are not permitted or conditional uses under the RA zoning. In order to provide a business we feel would be useful to the citizens living on this side of town, we are seeking the approval of this PZD to allow for these uses. 1J All adjacent parcels are currently zoned RA and are a combination of single-family residential structures and pasture land. A residential subdivision is located to the southeast of this property across Owl Creek. The retail/office structure will be constructed to be residential in nature. It will front the street and have associated parking behind the building, similar to the existing commercial developments along Wedington east of this property. South of these buildings, landscaped berms will be constructed to shield the mini -storage units from view. Trees will be planted intermittently along the existing fence rows along the east and west sides of the property to act as a vegetative screen. Existing vegetation on the south side of the property will remain. A development of this size and type should have no adverse impact on the traffic on W Wedington Drive. Architectural requirements have been described within Section 1.C.8 of this booklet. Monument sign will comply with UDC 174.10 for C Districts. Wall signs will comply with UDC 174.12 for C Districts. Additionally, 6' wooden privacy or chain link fencing will be installed within Planning Area 1 on the east, west and south sides. Gates will be incorporated into the fencing on the south side to provide access for maintenance of the storm water detention pond. Ornamental fencing with brick columns will be installed along the northern side of the mini -storage units (where fencing will be visible from Wedington). CEO Grafton Tull The City of Fayetteville's future land use (2030) map designates this area as a residential neighborhood. It is approximately 500'-600' from an area designated as city neighborhood, which does allow for certain commercial uses. There is no zoning designation in the City of Fayetteville that allows for the mini -storage use by right. Under the Urban Thoroughfare (UT) zoning mini storage would be a conditional use. For reference, the project location is also approximately one mile west of other parcels zoned UT and a parcel zoned Community Services (CS) that currently has mini -storage units constructed. Although the development is not compliant with the residential neighborhood designation given by the future land use map, we feel that being adjacent to W Wedington Drive on the outer edge of the city is an appropriate location for a PZD of this nature. Rur at Arca I � I 4 I I I. APPROXIMATE I I PZD+''PROPERTY r BOUNDARY I I I I 1 I I rte:raerrnli Ralgnuo+nof,d A—, 1 I 4 I I I OtV Nel ghto. 1-7 Ai ea FROM CITY PLAN 2030 - FUTURE LAND USE FLAN 100 C-4 Grafton Tull 1L A traffic study will be provided if required by City staff. This development should not adversely impact traffic on W Wedington Drive and no other cross connections are planned at this time. From the publication "Self Storage Standards and the Modern Community", for every 100 units, 6.82 trips per day would be estimated. The estimated number of units to be constructed with this development will be +/- 750 units, meaning there will only be around 50 average trips per day. This development will be served by City of Fayetteville water and sewer infrastructure. Water: An existing 18" water main is located on W Wedington Drive. With approval from the City of Fayetteville utility department, this line will be used to service the development. Sanitary Sewer: Two existing gravity sewer mains are located on site. Through the middle of the site, there is a 6" line and along the southern portion of the site, there is a 12" line. If deemed necessary by the City during the large-scale review process, the capacity of the existing system will be evaluated to determine if any downstream improvements are required. Franchise Utilities: All franchise utilities (phone, cable, electric, gas) currently have infrastructure on or adjacent to the proposed development. Upgrades or extensions will be constructed to meet the demands of the development. 1N Screening and Landscaping: Existing vegetation along the east, west and south sides of the property will remain. Trees will be planted intermittently to supplement any gaps that may exist. Landscape berms will be constructed north of the mini - storage units in Planning Area 1 to shield them from view of West Wedington Drive. All landscaping proposed will meet UDC requirements associated with commercial zoning types. C-10 Grafton Tull 2. Traffic and Circulation: Traffic will enter and exit the site off of West Wedington Drive. Patrons wishing to access the office/retail space will park behind the building. Patrons wishing to access the mini -storage units will enter and exit through a locked gate. Once inside this area drive aisles allowing two-way traffic circulation will be provided around all structures. 3. Parking Standards: No parking will be allowed between the curb along W Wedington Drive and the building. Parking will be provided for employees and clients at the rear of the building. 4. Perimeter Treatment: As previously mentioned, existing vegetation along the east, west and south sides of the property will remain. Trees will be planted intermittently to supplement any gaps that may exist. Stub out locations for franchise utilities may impact some of these areas during installation. Street trees will be provided as required by the UDC. All proposed landscaping will meet UDC requirements associated with commercial zoning types. 5. Sidewalks: There is an existing 10' wide trail running across the property parallel with W Wedington Dr. Internal sidewalk connections will be made allowing the public to access the retail/office structures from the ROW. 6. Streetlights: Streetlights will be provided and installed as required by City Ordinance. 7. Water: The development will be serviced by the City of Fayetteville. Waterline size and location will be reviewed during the large scale development process for this project. 8. Sewer: The development will be serviced by the City of Fayetteville. Sanitary sewer line size and location will be reviewed during the large scale development process for this project. 9. Streets and Drainage: There will be no public streets constructed with this development. Driveways will be constructed per City details. Storm drainage pipes and the detention pond will be sized to meet the requirement's set forth in the City of Fayetteville Drainage Criteria Manual. 43 feet of ROW will be dedicated south of the mini -storage units outside the fenced in area. 10. Construction of Nonresidential Facilities: All structures on site will be commercial buildings (retail/office/mini-storage). No residential structures will be constructed with this development. 100 C-4 Grafton Tull 1N 11. Tree Preservation: Existing trees will be an integral part of the feel of this development. Exact tree preservation numbers will not be known until the development is approved by the City. The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection. The required 25% minimum tree canopy will be achieved through existing preservation and/or mitigation. 12. Architectural Design Standards: This development will comply with City of Fayetteville UDC Chapter 166.25 — Commercial, Office and Mixed Use Design and Development Standards. Office/Retail: The construction of the office/retail building shall be residential in nature. 75% of the front and side exterior walls must be brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination thereof. The remaining 25% shall be EFIS, stucco, or HardiePlank Lap Siding, or a combination thereof. The rear of the building shall be 25% brick, non -reflective glass, decorative concrete or decorative concrete block, split -faced block, masonry, (including doors and windows) or a combination thereof. The remaining 75% shall be EFIS, stucco, or HardiePlank Lap Siding, or a combination thereof. Storage Buildings: Storage buildings shall be constructed of standard metal wall panels (R Panels) with overhead roll -up doors. 13. Proposed Signage: Monument signs will comply with UDC 174.10 for C Districts. Wall signs will comply with UDC 174.12 for C Districts. 14. View Protection: The development will be constructed in agricultural pasture land. Building heights will be kept to one-story maximum. Views from adjacent neighborhoods will not be impacted any more than they would with a residential zoning. 15. Covenants, Trusts, and Homeowner Associations: NA CC) Grafton Tull 10 We feel that this development meets both the intent and purpose of the Planned Zoning District. Code Section 161.35.B for Planned Zoning Districts states that the City Council may consider certain factors while reviewing a PZD application. Below are how we address each of the specific factors. Y Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. o This PZD allows us to develop a commercial property in an area deemed by the future land use map as residential. The building setbacks and height restrictions set forth in this PZD are more in line with what would be appropriate for the area and surrounding land uses. Y Compatibility. Providing for compatibility with the surrounding land uses. o The property is approximately 500'-600' from an area designated on the future land use map as city neighborhood, which allows for certain commercial uses. There is no zoning designation in the City of Fayetteville that allows for the mini -storage use by right. Under the Urban Thoroughfare (UT) zoning mini storage would be a conditional use. For reference, the project location is also approximately one mile west of other parcels zoned UT and a parcel zoned Community Services (CS) that currently has mini - storage units constructed. Although the development is not compliant with the residential neighborhood designation given by the future land use map, we feel that being adjacent to W Wedington Drive on the outer edge of the city is an appropriate location for a PZD of this nature. Y Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. o All adjacent parcels are zoned RA and currently undeveloped. This PZD will allow for a commercial use that will not hinder future development of surrounding parcels. Y Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. o This PZD will allow us to develop a property as commercial and not only bring more jobs to the area but bring type of business that will be utilized by the surrounding community. Y No Negative Impact. Does not have a negative effect upon the future development of the area. o This development will have no negative impact on future development of the area. CEO Grafton Tull 10 Y Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. o There will be continued coordination throughout the approval process to ensure all ideas are heard and regulations are met. Y Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. o This commercial PZD will incorporate open space in several locations. Landscape buffers will be utilized within the center of the site. On the southern edge of the property, a large area will be dedicated to a storm water detention facility and streamside protection buffer as required by City code. Y Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. o Vegetation along the east, west and south sides of the property will remain largely intact. The development will comply with the streamside protection ordinance. Site layout and grading will be planned to provide as minimal impact to existing trees as possible. Y Future Land Use Plan. Comprehensive and innovative planning and design of mixed used yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. o The City of Fayetteville's future land use (2030) map designates this area as a residential neighborhood. It is approximately 500'-600' from an area designated as city neighborhood, which does allow for certain commercial uses, and across the street from an area designated as rural residential area. There is no zoning designation in the City of Fayetteville that allows for the mini -storage use by right. Under the Community Service's (CS) zoning mini storage would be a conditional use. For reference, the property is within 1300' from another parcel, located on the southeast corner of Broyles and W Wedington Drive, zoned CS. It is also approximately one mile from a parcel zoned CS that currently has mini -storage units constructed. Although the development is not compliant with the residential neighborhood designation given by the future land use map, we feel that being adjacent to W Wedington Drive on the outer edge of the city is an appropriate location for a PZD of this nature. CEO Grafton Tull 10 Y Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. o The site has been designed with all of these in mind. As stated previously, the property falls around 34 feet from northeast to southwest. The office/retail buildings will be located adjacent to W Wedington Drive at the highest point on the property. As you move south to lower elevations, landscape berms will be constructed and natural grade change will help shield the mini -storage units from view off the road. Other vegetation buffers will be utilized to further help the development blend in with its surroundings. Y Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. o No other recognized zoning consideration will be violated in this PZD. CC) Grafton Tull C a U! Grafton Tull k C � a all � ]$ � i i G 011,111 Bhill! m � g q ]1R �I$a d yApp",a c @ �eJ pqapp a�°sir 000'O6[9I-59L�Ndy 8 _ _ _ 000-1619Ii9L'NdV § 30 all � ]$ � i .. � G 011,111 Bhill! Jy lH 1�c1�qg & gg1j155gg C� } �II q ]1R �I$a 9 dbi p s e� Ig .nl n I �� spa =yycia #Fa g�� ��g��dgat� I I 1 I I L.--------------- --- --- --- --- --- --- --- --- --- �— 000'O6[9I-59L�Ndy 8 _ _ _ 000-1619Ii9L'NdV § } � i G 011,111 Bhill! Jy 000'O6[9I-59L�Ndy 8 _ _ _ 000-1619Ii9L'NdV § Jy � b E A � §ryga 9 dbi p 000'O6[9I-59L�Ndy 8 _ _ _ 000-1619Ii9L'NdV § i 1, 0 A t All EXHIBIT A -ARCHITECTURAL RENDERINGS O new rail DAL VIA 5%, +-1 b ZfA9-£id-i0p vj ifr96-£[d'405 �M1 on dCL eim�eNY'�Li +NA'J M�Wn6'�O%�Ai�M�Rd IqS ew TL'wii a�'w �urmaia sw IIIIIII 3M 39aZiUiS JUS NQ1UNlUOWN IIIIIII .mil IIIIIII � .—_ VIII �.�- =IIIIIIII ®vv� ®� �� ®� a® ■ � IIIIIIII II! VIII VIII ® o0 00 ©© � ©■�� �� .IIIIII ..� ■ r 000®�0® oo���© ®o0 .IIIIIIII ® Q- 0� IIDIIIII ®® ©® IIIIII ■ � c ■IIIIII . . IIIIII r.� :.. IIIIII CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING: January 27, 2020 (Updated with Planning Commission Results) SUBJECT: C-PZD 19-6952: Commercial Planned Zoning District (5102 W. WEDINGTON DR./LBDG WEDINGTON, 437): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 5102 W. WEDINGTON DR. The properties are zoned R -A, RESIDENTIAL AGRICULTURE and contain approximately 8.60 acres. The request is to rezone the property to C-PZD, Commercial Planned Zoning District. RECOMMENDATION: Staff recommends denial of C-PZD 19-6952. RECOMMENDED MOTION: "I move to deny C-PZD 19-6952." JANUARY 13, 2020 PLANNING COMMISSION MEETING: On January 13t", the Planning Commission tabled the request to afford the applicant time to address Commissioner concern about the project's impacts on connectivity between Wedington Drive and Owl Creek. The applicant has submitted a revised plat that proposes a consolidation of the proposed buildings in to two larger structures with a 43 - foot area alternatively described as easement and right-of-way to the south to accommodate cross access from east to west. The easement/right-of-way is approximately 860 feet south of Wedington Drive. BACKGROUND: The subject property includes approximately 8.60 acres on the south side of Wedington Drive between Broyles and 54th Avenues. The property is currently zoned R -A, Residential -Agricultural, and is largely undeveloped except for a single-family dwelling near Wedington. The southern portion of the property includes floodplain and floodway associated with Owl Creek. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-family Residential R -A, Residential -Agricultural South Large Lot Single-family Residential R -A, Residential -Agricultural East Agricultural R -A, Residential -Agricultural West Single-family Residential R -A, Residential -Agricultural Proposal: The proposal is to rezone the property to develop 110,000 square feet of mini -storage and 2,000 square feet of accessory office and retail. Public Comment: A member of the public spoke at the Subdivision Committee, expressing both concerns about potential for increased traffic and reduced potential for future connectivity, and support for the potential to have the nearby service. INFRASTRUCTURE: Streets: The subject parcel has access to Wedington Drive/Highway 16, a fully -improved principal arterial per Fayetteville's Master Street Plan. Any street improvements required along the property's frontage will be determined at the time of development proposal. Water: Public water is available to the parcel. There is an existing 18 -inch main that runs along Wedington. Sewer: Sanitary Sewer is available to the site. There is an existing 6 -inch main that bisects the property from east to west and a 10 -inch main along the southern extents of the property. Drainage: The southernmost portion of this property is identified as FEMA -regulated floodplain and floodway in association with Owl Creek. This area and a portion of the property between Owl Creek and Wedington Drive appear to be characterized by hydric soils. The parcel does not lay within the Hillside -Hilltop Overlay District. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department did not express concerns with this request. The site will be protected by Station 7, located at 835 North Rupple, with an anticipated response time of 4.2 minutes. This is within the response time goal of 6 minutes for an engine and 8 minutes for a ladder truck within the City limits. Police: The Police Department did not comment on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff does not find the proposed C-PZD to be compatible with the existing low-density residential and agricultural uses. The proposal does not locate mini -storage where it is generally most compatible: close to the residential and business uses it will serve, such as near a major intersection or employment center. Although screened from all directions and potentially less impactful than a comparably -sized retail or office development, the proposed mini -storage is incongruous with its GAETC\Development Services Review\2019\Development Services\19-6952 CPZD 5102W. Wedington Dr. (LBDG Wedington) 437\03 PC\01-27-2020 industrial -style buildings and does not compliment the character of the area with limited potential for an interconnected grid street system. Land Use Plan Analysis: Staff finds that the proposal is inconsistent with the property's Residential Neighborhood Area designation and the goals in City Plan 2030. While mini -storage may provide a service to residents and businesses, it is at its essence a warehousing use that is generally found in industrial and commercial areas, and portions of a City with more intense development. As proposed by the applicant, the eight -acre mini -storage development will offer limited accommodation for east -west access across the property between Wedington and Owl Creek, with a 43 -foot wide area set aside for a future street. This is located approximately 860 feet south of Wedington Drive. Furthermore, the effectively single -use nature of the proposed C-PZD will exclude the potential for a mix of land uses that can both compliment and counteract the low level of activity associated with mini -storage, thereby limiting its impact on the vitality of the street and desired interaction among existing and future land uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Although the need for nonresidential services is present along Wedington Drive where the separation of land uses has led to increased, areawide vehicle trips, staff does not find this to be sufficient justification to support the proposed mini -storage development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed R-PZD zoning will increase traffic, but staff does not anticipate adverse impacts. The typical number of vehicle trips associated with a mini - storage facility are less than that of most residential or nonresidential uses. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning does not include residential uses and will not increase density. As a largely passive land use, the proposed mini -storage will not likely have adverse impacts on public services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. GAETC\Development Services Review\2019\Development Services\19-6952 CPZD 5102 W. Wedington Dr. (LBDG Wedington) 437\03 PC\01-27-2020 Finding: Staff does not find there to be peculiar circumstances that justifies the proposed rezoning. Sec. 166.06. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed-use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: As outlined in previous findings, staff finds the proposed C-PZD to be in conflict with many of the factors encouraged in a planned zoning district, including land use compatibility, flexibility, variety, and harmony with the tenets of Fayetteville's Future Land Use Plan. RECOMMENDATION: Staff recommends denial of C-PZD 19-6952. The Subdivision Committee forwarded the item to the Full Planning Commission with a recommendation of approval. GAETC\Development Services Review\2019\Development Services\19-6952 CPZD 5102W. Wedington Dr. (LBDG Wedington) 437\03 PC\01-27-2020 Planning Commission Action Meeting Date: January 27, 2020 Motion: See below. Second: See below. Vote: See below. BUDGET/STAFF IMPACT: None Attachments: ■ PZD Booklet ■ PZD Plats ■ Architectural Examples ■ Current Land Use Map • Close Up Map ■ One Mile Map ■ Future Land Use Map 0 Forwarded O Tabled O Denied Motion #1 Motion: Sharp, to table to the February 10, 2020 Planning Commission. (No applicant representative present) Second: Paxton Vote: 8-0-0 Motion #2 Motion: Paxton, to reconsider the item given the arrival of the applicant's representative Second: Brown Vote: 8-0-0 Motion #3 Motion: Johnson, to forward the item to the City Council with a recommendation of approval and with the following conditions: -The area of land indicated alternatively as an easement and right-of-way shall be dedicated as right-of-way. -An access easement shall be dedicated between the proposed public parking lot serving the office/retail building and the property to the east. Second: Garlock Vote: 8-0-0 GAETC\Development Services Review\2019\Development Services\19-6952 CPZD 5102 W. Wedington Dr. (LBDG Wedington) 437\03 PC\01-27-2020 PZD 19-6952 LBDG WEDINGTON One Mile View NORTH IW , 1 1 0 0.125 0.25 0.5 Miles , 1 , RSF-4 I � ti::::::::::::::::--:. i yti IL C i -L ' --- -- RI -I2 j = Subject Property a� bmm41 r R -O CS RMF -12 RMF -6 1 W H R -A Q h � is 4 ` ■�_ W Q w ERSIMMON ST PERSIMMON ST PERSIMMON 2 H- RSF-1 Zoning :1-2 General lnn.—I r - - RESIDENTIAL SINGLE-FAMILY EXTRACTION _ _ _ M— : E- _ I.Rk COMMERCIAL : RI- ResiUenOel-O(fce Legend :Ns'` : Reaitlential-Agnculiurel CI : C-2 RS -.5 : C3 RS -1 FORM SASED DISTRICTS — — -' _ RSF-2 :Downtown Core Planning Area _- : rban Tbero blare 4 - _ : Ma RSF_ Fayetteville City Limits mR- -tyS Kao I — — — RESIDENTIAL MULTI-FAMILYNeigbb.—Be . 0 IM RMF -5 : Neighbor Consarvalion Shared Use Paved Trail _ _ _ _ _ _ - :RMF -11 : RMF -18 PLANNED ZONING DISTRICTS :Commercial, Intluslrial, ResMeniiel 1 - i Planning Area -' - I - � : RMF40 INSTITUTIONAL Trail (Proposed) r_____ e _ _ :RMF -0g INDUSTRIAL :R_1 Fayetteville City Limits Rea GommealaiantlLigMlaJuaNal PZD19-6952 I LBDG WEDINGTON Close Up View ■ f - - - - - - - ----------------------------------------------- LU --------._z- r----------------a„---------------f AW RMt 44 Legend Planning Area Iz _ f Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Subject Property RSF-4 Feet 0 145 290 580 870 1 inch = 400 feet W Q r LO R -A m Ell NORTH Residential -Agricultural RSF-4 RI -12 RMF -6 Community Services 1,160 M Neighborhood Conservation PZD19-6952 LBDG WEDINGTON A& Current Land Use NORTH —� _ W z > �I Single -Family Residential LO - FRWW r r -= WEDINGTON DR ' Single -Family Residential Undeveloped ".Ile - + - - - - -i =CLEVENGER6Z6R - - -- —_ ^ Single -Family Residential Streets Existing MSP Class COLLECTOR PRINCIPAL ARTERIAL Shared Use Paved Trail Trail (Proposed) Planning Area L _ J Fayetteville City Limits Subject PropertySingle-Family Residential/ Agricultural ri-011'.:'b3 y, a TUMBLEWEED ST FEMA Flood Hazard Data �11 100 -Year Floodplain Feet Floodway 0 112.5 225 450 675 900 1 inch = 300 feet PZD19-6952 LBDG WEDINGTON NORTH Future Land Use w ' a F L o: > in a Z HO ' �� Z' J 0 OQ w O ---------------- Z. CAN LU Q ------ _ Z. m x F- a Ln w a CO) •- -- -- LO 0 � w Q ' w CLEVENGER DR O m ckFTT DR TUMBLEWEED ST Subject Property a®`% HOMESPUN DR XLO • LO ` TRAIL DUST S e Legend ' Planning Area FUTURE LAND USE 2030 _- Natural Area 'Fayetteville City Limits � _ _ _ Feet Rural Area Shared Use Paved Trail Residential Neighborhood Area 0 180 360 720 1,080 1,440 Trail (Proposed) City Neighborhood Area Building Footprint 1 inch = 500 feet City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0110 Agenda Date: 2/18/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 6 AMEND § 158.02 CASH BOND: File Type: Ordinance AN ORDINANCE TO AMEND § 158.02 CASH BOND OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW CONTRACTORS WORKING WITHIN THE PUBLIC RIGHTS OF WAY TO POST ADDITIONAL FORMS OF BONDS WHEREAS, Section 158.02 of the Fayetteville Unified Development Code, which requires bonds for working within the public rights of way, is the only portion of the City Code that does not allow contractors to post alternative forms of bonds, such as surety bonds and letters of credit, and staff recommends that we provide this additional option which is more consistent with the practices of peer cities throughout the region and state. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §158.02 of the Fayetteville Unified Development Code and enacts a new §158.02, for the purpose of allowing more flexibility in the types of bonds that will be accepted and to establish guidelines for persons performing work within the public rights of way, as follows: "158.02 - Excavation in Public Rights -Of -Way; Cash or Surety Bond Required (A) No person or contractor shall make any excavation in a public right-of-way unless a bond is first deposited with the city for the purpose of guaranteeing repair and replacement of city infrastructure in the public right-of-way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing city infrastructure in the public right-of-way, as determined by the Mayor, or his duly authorized representative. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit. (B) A person or contractor in the business of performing utility construction and/or maintenance that requires City of Fayetteville, Arkansas Page I Printed on 2/5/2020 File Number: 2020-0110 excavation in the public right-of-way or is engaged in a contract to perform work that includes excavation in the public right-of-way may provide a standing bond sufficient to cover the scope of the expected number of permits applicable to each and every site upon which to work is scheduled to take place and where a permit will be required. The standing bond will remain in place until the completion of all permitted work and all permitted work is fully inspected by the City and deemed to be satisfactory. (C) The bond shall be forfeited, all or in part thereof, if within sixty (60) days after written notice, the person or contractor fails to reimburse the city for documented expenses incurred for its failure to comply with the rules of public safety, failure to close the opening within 24 hours after the work has been completed, failure to complete the backfill and repair in accordance with specifications, failure to complete the necessary cleanup, or repair of damage to public property including but not limited to the street subgrade, asphalt surface, concrete surface, curb and gutter, sidewalk, and/or all infrastructure located within the public right-of-way or causing damage to vehicular or other traffic. (D) Bond release: Upon completion of work within the public right-of-way, the person or contractor who obtained the permit shall contact the City to schedule an inspection. The City will inspect the work within 5 business days to determine if work is complete and if any damages were caused. (1) If damage to the public right -of way has occurred due to permitted work, the City will provide the person or contractor a list of required repairs. All repairs must then be completed within 30 days. (a) Once repairs are completed, the City shall be notified for a follow up inspection. Once repairs have been confirmed, the bond will be released. (b) If repairs are not completed within 30 days and the person or contractor has failed to compensate the city for the city's expenses incurred in making such repairs within sixty (60) days after written notice, the bond will be forfeited. (2) If no damages were caused, the bond will be released." City of Fayetteville, Arkansas Page 2 Printed on 2/5/2020 Jonathan Ely Submitted By City of Fayetteville Staff Review Form 2020-0110 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO AMEND CHAPTER 158.02 EXCAVATION IN PUBLIC RIGHT OF WAY OF THEY UNIFIED DEVELOPMENT CODE TO ALLOW ADDITIONAL FORMS OF BONDING, AND ESTABLISH GUIDELINES FOR PERSONS PERFORMING WORK IN THE RIGHT OF WAY. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer CITY COUNCIL MEMO FROM: Jonathan Ely, Development and Construction Manager DATE: January 31, 2020 SUBJECT: Ordinance to amend UDC Chapter 158.02 Excavation in Public Right of Way RECOMMENDATION: Staff recommends approval of an amendment to the Unified Development Code, Chapter 158.02 Excavation in Public Right of Way to allow surety bonds, and letters of credit in addition to cash bonds, and establish guidelines for persons performing work within the right of way. BACKGROUND: Currently, Chapter 158.02 requires cash bonds only in an amount to be determined by the Mayor or his representative, which in this case is the City Engineer. Recent enforcement of this ordinance has stirred some discussions for change to allow other acceptable bonding forms from franchise utility companies, their contractors, and other persons requesting to perform excavation in City Right of Way. DISCUSSION: Over the past several years, there has been a significant increase in the amount of work being performed in City Right of Way. As technology changes, infrastructure ages, and the city continues to grow, many franchise utility companies have been upgrading their services. As a result, there has also been a significant increase in the number of permits being processed for excavation in public right of way to accommodate these changes. As a part of the Right of Way Excavation Permit, applicants are currently required to provide a cash bond to ensure completion and repairs of work in the right of way. In the instance City Infrastructure is damaged and not repaired, the City would then use this bond to complete repairs. This amendment is proposed to allow more flexibility in the types of bonds that would be accepted, and to establish a frame work for how the bonds should be accepted, used and/or released. A performance surety, as well as a letter of credit is proposed to be allowed, which Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 corresponds to bonding types allowed throughout the UDC, and is more consistent with peer cities throughout the region and state. Members of city staff and the attorney's office have meet with representatives from the franchise utility companies, and the proposed amendment is the result of a combined effort to allow more flexibility, while still maintaining protection for city infrastructure. BUDGET/STAFF IMPACT: None Attachments: Current and Proposed Amended Language Current Lanquage 158.02 - Cash Bond. No person shall make any excavation of a street or public right-of-way unless a cash bond is first deposited with the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said cash bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the Mayor, or his duly authorized representative. Proposed Amended Language 158.02 - Excavation In Public Rights -Of -Way; Cash or Surety Bond Required (a) No person or contractor shall make any excavation in a public right-of-way unless a bond is first deposited with the city for the purpose of guaranteeing repair and replacement of city infrastructure in the public right-of-way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing city infrastructure in the public right-of-way, as determined by the Mayor, or his duly authorized representative. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit. (b) A person or contractor in the business of performing utility construction and/or maintenance that requires excavation in the public right-of-way or is engaged in a contract to perform work that includes excavation in the public right-of-way may provide a standing bond sufficient to cover the scope of the expected number of permits applicable to each and every site upon which to work is scheduled to take place and where a permit will be required. The standing bond will remain in place until the completion of all permitted work and all permitted work is fully inspected by the City and deemed to be satisfactory. (c) The bond shall be forfeited, all or in part thereof, if within sixty (60) days after written notice, the person or contractor fails to reimburse the city for documented expenses incurred for its failure to comply with the rules of public safety, failure to close the opening within 24 hours after the work has been completed, failure to complete the backfill and repair in accordance with specifications, failure to complete the necessary cleanup, or repair of damage to public property including but not limited to the street subgrade, asphalt surface, concrete surface, curb and gutter, sidewalk, and/or all infrastructure located within the public right-of-way or causing damage to vehicular or other traffic. (d) Bond release: Upon completion of work within the public right-of-way, the person or contractor who obtained the permit shall contact the City to schedule an inspection. The City will inspect the work within 5 business days to determine if work is complete and if any damages were caused. a. If damage to the public right -of way has occurred due to permitted work, the City will provide the person or contractor a list of required repairs. All repairs must then be completed within 30 days. i. Once repairs are completed, the City shall be notified for a follow up inspection. Once repairs have been confirmed, the bond will be released. ii. If repairs are not completed within 30 days and the person or contractor has failed to compensate the city for the city's expenses incurred in making such repairs within sixty (60) days after written notice, the bond will be forfeited. b. If no damages were caused, the bond will be released.