HomeMy WebLinkAbout291-20 RESOLUTIONOF FAY E rl"
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Resolution: 291-20
File lumber: 2020-0269
MARKHAM HOSPITALITY OWNER, LLC ACCESS EASEMENT:
A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT
NON-EXCLUSIVE ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC
AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY
THE CITY OF FAYETTEVILLE
WHEREAS, on January 13, 2020, Specialized Real Estate received preliminary plat development
entitlement for 26 single-family lots along Markham Road, Cross Avenue and Sang Avenue; and
WHEREAS, the preliminary plat includes seven lots fronting Sang Avenue with a proposed rear alley
from Markham Road to a City utility access road that currently allows access to a water tower from
Sang Avenue; and
WHEREAS, in exchange for a 9,310 square feet non-exclusive access easement, the applicant will
pay $10,586.00 and has agreed to widen, mill, and overlay the existing utility access road; and
WHEREAS, the preliminary plat's approval is conditioned on obtaining this access easement from the
City.
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 execute an Access Easement, a copy of which is attached to this Resolution, to Markham
Hospitality Owner, LLC and Markham Residential Owner, LLC, in exchange for $10,586.00 and the
widening, milling, and overlaying of the easement to the City's specifications.
Page 1 Primed on 11118120
Resolution: 291-20
File Number: 2020-0269
PASSED and APPROVED on 11/17/2020
Approv d: Attest:
Cis—\ ��`�`G�� �� C I r y' •�'P� i
O' 9'
ioneld ord , Mayor Kara Paxton, City Clerk Tre 9'er�YF�
.
ASAS
Page 2 Printed on 11118120
Parcel No. 765-14547-000
ACCESS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and
in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Markham Hospitality Owner
LLC, an Arkansas limited liability company, and Markham Residential Owner, LLC, an Arkansas
limited liability company, hereinafter called GRANTEES, and unto Grantee's successors and assigns, a
nonexclusive permanent easement for ingress, egress and access purposes in, on, over, and across the
following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION (Warranty Deed, Book 520, page 199 & Book 520, page 200):
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4 of Sec. 17, T
16 N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW 114 of the
NW 1/4, thence West and parallel to the South line of said SW 1/4 of the NW 1/4 of said Sec. 17, 266. 8
feet more or less; thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence
West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to
the East line of the SW'/4 of the NW 114 270 feet; thence East and parallel to the South line of the SW 1/4
of the NW 1/4 270 feet; thence South and parallel to the East line of said SW 1/4 of the NW /4 115 feet;
thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point
on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence South along the East line of said SW
1/4 of the NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less.
PERMANENT ACCESS EASEMENT DESCRIPTION:
Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, Township 16
North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, being more
particularly described as follows:
COMMENCING at a five -eighths inch (5/8") rebar marking the southeast corner of said Southwest
Quarter of the Northwest Quarter (SW1/4 NW1/4); thence by bearing and distance (basis of bearing, Grid
North), North 03°36'12" East along the east line thereof a distance of 593.89 feet to a five -eighths inch
(5/8") rebar at the southeast corner of a tract conveyed to the City of Fayetteville by Warranty Deed, Book
520, page 199, and by Warranty Deed, Book 520, page 200, both filed for record on May 5, 1959, for the
POINT OF BEGINNING; thence leaving said east line, North 86'14'11" West along the south line of said
City of Fayetteville tract a distance of 266.05 feet to a corner of said City of Fayetteville tract; thence
leaving said south line, North 03o45'49" East a distance of 50.00 feet to a corner of said City of
Fayetteville tract; thence South 86°14'11" East along the north line of said City of Fayetteville tract a
distance of 265.91 feet to said east line of the Southwest Quarter of the Northwest Quarter (SW1/4
NW1/4); thence South 03036'12" West along said east line a distance of 50.00 feet to the Point of
Beginning.
Together with the rights, easements, and privileges in or to said lands which may be required for the full
enjoyment of the rights herein granted.
TO HAVE AND TO HOLD unto said Grantees, their heirs, successors, and assigns, for the uses and purposes
hereinabove set forth.
The Grantor agrees not to erect any permanent buildings or structures in said access easement area
The consideration first above recited as being paid to Grantors by Grantees is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the
respective heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantees is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the 1-1
,��►►►►rrrrr
By
ATTEST:
FAYEIT ;z E� ILLE
-�4'!zf "r.,
ara Pax o , City NeK Treasurtr
S
i��'r/�i�,�C,
STATE OF ARKANSAS
COUNTY OF WASHINGTON
day of / vd44V1Xr , 2020.
City of , ayetteville, Arkansas,
A_ m icival corporation ,
ACKNOWLEDGMENT
ss.
1E
[Seal]
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the
persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk
Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated
and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes
therein mentioned and set forth.
WITNESS my hand and seal on this / I day of 2020.
MY COMMISSION EXPIRES:
Notary Public
D! J 0�1
••'o #Imo,
- ,
31
o Puuk-�c�lti•%�`z
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
}x i Text File
File Number: 2020-0269
Agenda Date: 11/17/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: B 1
MARKHAM HOSPITALITY OWNER, LLC ACCESS EASEMENT:
A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT NON-EXCLUSIVE
ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM
RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF
FAYETTEVILLE
WHEREAS, on January 13, 2020, Specialized Real Estate received preliminary plat development entitlement
for 26 single-family lots along Markham Road, Cross Avenue and Sang Avenue; and
WHEREAS, the preliminary plat includes seven lots fronting Sang Avenue with a proposed rear alley from
Markham Road to a City utility access road that currently allows access to a water tower from Sang Avenue;
and
WHEREAS, in exchange for a 9,310 square feet non-exclusive access easement, the applicant will pay
$10,586.00 and has agreed to widen, mill, and overlay the existing utility access road; and
WHEREAS, the preliminary plat's approval is conditioned on obtaining this access easement from the City.
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
execute an Access Easement, a copy of which is attached to this Resolution, to Markham Hospitality Owner,
LLC and Markham Residential Owner, LLC, in exchange for $10,586.00 and the widening, milling, and
overlaying of the easement to the City's specifications.
City of Fayetteville, Arkansas Page I Printed on 1111812020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0269
Legistar File ID
11/17/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/15/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
Resolution to authorize Mayor Jordan to approve sale of a permanent access easement totaling approximately
310 square feet to Markham Hospitality Owner, LLC. and Markham Residential Owner, LLC. for $10,586.00 and
idening, milling, and overlaying of the easement to the City's specifications to allow a secondary access through City
Fayetteville property in conjunction with an approved preliminary plat (PPL 19-6861)
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 17, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Tim Nyander, Utilities Director
FROM: Jonathan Curth, Development Review Manager
Corey Granderson, Utilities Engineer
DATE: October 30, 2020
CITY COUNCIL MEMO
SUBJECT: 2020-0269 Access Easement to Markham Hospitality Owner, LLC. &
Markham Residential Owner, LLC.
RECOMMENDATION:
Staff requests sale of an access easement to Markham Hospitality Owner, LLC. & Markham
Residential Owner, LLC. to allow a secondary access point for an approved preliminary plat (PPL
19-6681) through the City of Fayetteville property. The City property currently serves as access
to the existing Markham Hill water tower.
BACKGROUND:
On January 13, 2020, Specialized Real Estate received preliminary plat development entitlement
for 26 single-family lots along Markham Road, Cross Avenue, and Sang Avenue. The seven lots
fronting Sang Avenue were approved with a rear alley that connects Markham Road to the north
and Sang Street to the south by way of City of Fayetteville property. The preliminary plat's
approval was conditioned on garnering approval of an access easement through the City property
from City Council.
On June 4, 2020, the City Council tabled the resolution at the applicant's request. With due
consideration for health concerns associated with COVID-19, the applicant expressed an interest
in holding the resolution until face-to-face City Council meetings returned as long as a decision
was obtained before the end of the 2020 calendar year.
DISCUSSION:
The City property is currently developed with a water tower and access road. The access road is
used by the Utility Department for access to the existing water tower and by telecommunication
providers installing and maintaining antenna on the water tower. The portion of the City property
between the water tower and Sang is approximately 50 feet in width, of which the southern 15-
foot is dedicated in a telecommunications easement to CellcoNerizon. The applicant proposes
an easement for the remaining 35 feet, totaling approximately 9,310 square feet.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
In negotiating the conditions under which the Utilities Department will support the request, the
applicant has offered to mill and overlay, and widen the existing service road. This improvement
was included in the approved preliminary site plan and shall be completed prior to final plat
approval, subject to Engineering Division and Utility Department review. Additionally, the applicant
has agreed to pay $10,586 for the easement, representing the appraised value of comparable
property in the area.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Preliminary Plat Easement Exhibits
• Proposed Access Easement Document
• Description of recommended improvement
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.1 AN.
Parcel No. 765-14547-000
ACCESS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and
in consideration of the sum of Ten Thousand Five Hundred Eighty Six Dollars ($10,586.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and
CONVEY unto Markham Hospitality Owner LLC, an Arkansas limited liability company, and Markham
Residential Owner, LLC, an Arkansas limited liability company, hereinafter called GRANTEES, and unto
Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on,
over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION (Warranty Deed, Book 520, page 199 & Book 520, page 200):
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4 of Sec. 17, T
16 N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW 1/4 of the
NW 1/4; thence West and parallel to the South line of said SW 1/4 of the NW 1/4 of said Sec. 17, 266. 8
feet more or less; thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence
West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to the
East line of the SW '/4 of the NW 1/4 270 feet; thence East and parallel to the South line of the SW 1/4 of
the NW 1/4 270 feet; thence South and parallel to the East line of said SW 1/4 of the NW /4 115 feet;
thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point
on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence South along the East line of said SW
1/4 of the NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less.
PERMANENT ACCESS EASEMENT DESCRIPTION:
Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, Township 16
North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, being more
particularly described as follows:
COMMENCING at a five -eighths inch (5/8") rebar marking the southeast corner of said Southwest Quarter
of the Northwest Quarter (SW1/4 NW1/4); thence by bearing and distance (basis of bearing, Grid North),
North 03°36'12" East along the east line thereof a distance of 593.89 feet to a five -eighths inch (5/8") rebar
at the southeast corner of a tract conveyed to the City of Fayetteville by Warranty Deed, Book 520, page
199, and by Warranty Deed, Book 520, page 200, both filed for record on May 5, 1959; thence North
03o36'12" East continuing along said east line a distance of 15.00 feet to the POINT OF BEGINNING, -
thence leaving said east line, North 86'14'11" West, parallel to and 15 feet north of the south line of said
City of Fayetteville tract and along the north line of an easement described in Document #2019-28146,
filed 9/17/2019, a distance of 266.01 feet; thence North 03°45'49" East a distance of 35.00 feet to a corner
of said City of Fayetteville tract; thence leaving said north line, South 86'14'11" East along the north line of
said City of Fayetteville tract a distance of 265.91 feet to said east line of the Southwest Quarter of the
Northwest Quarter (SW1/4 NW1/4); thence South 03o36'12" West along said east line a distance of 35.00
feet to the Point of Beginning.
Said permanent access easement is adjacent to a utility easement granted by the City of Fayetteville to Cellco
Partnership d/b/a Verizon Wireless, pursuant to City of Fayetteville Resolution No. 196-19. Said utility easement is
filed of record with the Washington County Circuit Clerk and Ex-Officio Recorder as Document No. 2019-28146.
Together with the rights, easements, and privileges in or to said lands which may be required for the full
enjoyment of the rights herein granted.
TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes
hereinabove set forth.
The Grantor agrees not to erect any permanent buildings or structures in said access easement area.
The consideration first above recited as being paid to Grantors by Grantees is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the
respective heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantees is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the ( ( day of /V OV 2020.
•G\T Y •p�;�sG%�
Kara Paxton, City Cler yeas .
• ILLE ;
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STATE OF ARKANSAS
COUNTY OF
CITY OF FAYETTEVILLE, ARKANSAS
[SEAL]
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the
persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City
Clerk Treasurer, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized
in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City of
Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this �� day of (le'2020
MY COMMISSION EXPIRES: D111h���'
�j N tary Public �����R�-,i. • •10/y,L�i,
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mtaengineers.com
October 7, 2019
MTAENGINEERS a division of Materials Testing of Arkansas. Inc.
P.O. Box 2371S • Little Rock, AR 72221
Ph. 501.753.2526 • Fax 501.753.5747
Specialized Real Estate Group
15 N. Church Street
Suite 103
Fayetteville, Arkansas 72701
505 Sanders Avenue Springdale, AR 72764
Ph. 479.756.0061 Fax 479.756.9254
101 South Church • Jonesboro, AR 72401
Ph. 870.530.8380 • Fax 870.972.0237
Attention: Donna Wonsower
donna specializedrea.com
RE: Amendment 1 to Geotechnical Report
Markham Hill Property
Fayetteville, Arkansas
Based on our conversations, MTA Engineers performed two cores in the existing
roadway on the Watertower access road in the area of planned pavement
improvements. The existing Structural Numbers (SN) are determined from these tests.
The existing roadway pavement structure was determined to consist of the following
section:
SN for: Asphalt Hot Mix = 0.44
Aggregate Base = 0.14
Location: N 637565.2684, E 665138.5058
3" ACHM Surface Course
5" Crushed Stone Aggregate Base Course
Subgrade - Red Sandy Clay with Chert -CBR =/>8
Existing SN = 2.02
Location: N 637553.6714, E 665235.3978
2" ACHM Surface Course
6" Crushed Stone Aggregate Base Course
Subgrade - Red Sandy Clay with Chert -CBR =/>8
Existing SN = 1.72
Per current city standards, Table 6.2, Pavement Design Criteria the required structural
number for local streets is SN=/> 2.42. In addition, the minimum sections should be 3
inches of ACHM and 8 inches of Crushed Stone Base Course. An asphalt overlay of
1.5 inches will be required to obtain the minimum SN required by the City.
M MTA ENGINEERSa division of Materials Testing of Arkansas. Inc.
T
A P.O. Box 23715 • Little Rock, AR 72221 SOS Sanders Avenue Springdale, AR 72764
Ph. 501.753.2526 • Fax 501.75 3.5747 Ph. 479.756.0061 Fax 479.756.9254
101 South Church • Jonesboro, AR 72401
mtaengineers.com Ph. 870.530.8380 • Fax 870.972.0237
It is recommended that the overlay be incorporated into design and be performed at the
end of construction for esthetics. If you have any questions, or is additional information
is warranted, please contact us.
Sincerely,
to n R. Garrett, P.E.
President
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
CC: Susan Norton, Chief of Staff Paralegal
Garner Stoll, Development Services Director
FROM: Kit Williams, City Attorney
DATE: May 28, 2020
RE: No deed or judgment restrictions on City driveway to Water Tank site
There has been a suggestion that the City of Fayetteville may not have the
legal right to sell and convey a thirty five foot wide access easement or right-of-
way to Specialized Real Estate along our driveway from Sang toward our water
tank site. I believe that the City of Fayetteville has clear legal authority to sell such
access easement/right of way.
As noted by Ms. Orton, this about 2 acre site was condemned from
Evangeline Archer, Joy Pratt and Magdalene Pratt (probably in late 1958 or early
1959). The issue of the proper fair market value was finally resolved when the
City of Fayetteville agreed to pay them a total of $10,000.00 for the land. All three
signed their agreement to this conveyance on March 4, 1959. The warranty deed
(attached) for the 1.98 acre parcel was signed and filed for record at the
Washington County Courthouse on May 5,1959.
The Court Judgement entered by Circuit Judge Marvin Cummings states:
"That the City of Fayetteville, Arkansas, has condemned said above
described real estate (1.98 acres) for the permanent location of an elevated water
storage tank and appurtenances thereto, and for the construction of a permanent
location for sewer, water, telephone and electric utility lines and appurtenances
thereto..."
Black's Lam Dictionary, Eighth Edition defines appurtenance as "Something
that belongs or is attached to something else." "(T)he word means anything ...
which is an incident of, and belongs to, some other thing as principal." The
Arkansas Supreme Court cited Webster's New International Dictionary, Second
Edition, Unabridged for this definition of appurtenance: "that which belongs to
something else; adjunct, appendix, an accessory, something annexed to another
thing more worthy." O'Guinn Volkswagen, Inc. v. Lawson, 256 Ark. 23, 505 S.W.2d
213, 218 (1974). Basically, the Judge's use of "appurtenances" ensures that the
conveyance would include any structure, use, etc. that could be associated with
conveyed land such as the thirty five foot wide access road built by the City
running from Sang to the water tank site.
The warranty deed to the City of Fayetteville for this 2 acre lot has no
limitations restricting how the City will use the land. This type of unrestricted
warranty deed conveys what is referred to as "fee simple" meaning the grantee
(the City) owns all rights of the land with no conditions reserved by the grantor
that could affect the use of the land conveyed to the City. The legal description
printed on the warranty deed has been placed over the satellite imagery for this
area by G.I.S. and shows a single lot including the "panhandle" road portion
running to Sang Street (copy attached). Thus, the road is on land fully conveyed
and owned by the City with no restrictive conditions. The City later leased an
easement of the south 15 feet of the 50 feet wide panhandle to Verizon for access
to Sang Street for its access, wires, and even poles, etc. serving its cell tower). That
is why the City at this time may only sell and convey public access or right-of-way
rights to Specialized for the remaining 35 feet on the north side of our road
property.
CONCLUSION
The City of Fayetteville owns the 2 acre lot it condemned and then
purchased from the Pratts and Archer for $10,000.00 in May of 1959. There were
no conditions or restrictions on the Warranty Deed conveying this property to the
City. Thus, this 2 acre parcel which includes the road area connecting the larger
area to Sang Street is City property with no limitations except the existing lease
with Verizon.
There is no doubt that the City has the right and authority to convey a
right-of-way or access easement to another entity especially since such
conveyance will not harm the City's purpose for which this part of the property
was purchased: to access and serve the water tank, etc. on the larger area of this
two acre parcel.
2
I
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El
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101
W1 AR RiANTY DEE0K
r:4n.ravca::
KNOW ALL MEN BY THESE PRESENTS:
That 1, Evangeline Pratt Archer(being one and the sa
person as Evangeline Pratt), one of the devil
under the Last Will and Testament of C. L. I
deceased
for and in consideration of the sum of One Dollar and Other
Valuable Considerations
tome in hand paid by City of Fayetteville, Arks
a municipal corporation
do hereby grant, bargain and sell unto the said City of Fayettev
Arkansas, a municipal corporation, its successors
Do not rMte 10, t_ms space
IaB, • -7�.1
e 1TtCj51'
ti
kq tand assigns, the following described land, situate In
Washington County, State of Arkansas, to -wit: �-
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4
of Sec. 17, T 16 N, R 30 W in Washington County, Arkansas; said point being on the East
line of said SW 1/4 of the NW 1/4; thence West and parallel to the South line of said SW 1/4
of the NW 1/4 of said Sec. 17, 266. 8 feet more or less; thence South parallel to the East
line of said SW 1/4 of the NW 1/4 105 feet; thence West and parallel to the South line of
said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to the East line of the SW 1/4
of the NW 1/4 270 feet; thence East and parallel to the South line of the SW 1/4 of the NW. 1/4
270 feet; thence South and parallel to the East line of said SW 1/4 of the NW 1/4 115 feet;
thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or
less to a point on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence South
along the East line of said SW 1/4 of the N W 1/4 50 feet to the point of beginning, and
containing 1. 98 acres, more or less.
This deed is given by the Grantee to the Grantor herein for the purpose of clearing any
possible defects in the title to the real estate above described, although the title to this land
was taken by the City in condemnation proceedings.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said City of
Fayetteville, Arkansas, its successors
tl8fire`Csnd assigns, forever. And I, the said Evangeline Pratt Archer
hereby covenant that I am lawfully seized of said land and premises; that the same is unincumbered, and I
will forever warrant and defend the title to the said lands against all legal claims whatever.
WITNESS my hand and seal on this 5th day of ) May 19 59
ACKNOWLEDGMENT
STATE OF ARKANSAS
Washut ton es.
County ot........_._.�._�. _ __--
yE IT REMEMBERED: That on this day came before the undersigned, a Notary Public
within and for the County aforesaid, duty commissioned and act-
ing, ,Evangeline Pratt Archer
to is the Grantor in the tort:gohtg Dead, and stated that he had executed the same for the
eunsidorutlon-aud purposwc thoroin muttiuucd and set forth.
WKn�jp myaAaad sad seal as such Notary Public this 5th day of
my Co4tjnidloINX54 a
CityClerk
From: CityClerk
Sent: Friday, May 22, 2020 12:11 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: LMann2@earthlink.net
Subject: Please forward to Lioneld and the aldermen
This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hey Y'all,
Louise Mann asking you to please protect Markham Hill, once and for all.
Do not sell the developer a darn thing. We had another "suspicious incident' in our'hood last week.
We don't like having to ask the cops to do extra patrol. They have plenty else to do.
Please quit allowing the destruction of neighborhoods.
Thanks and take care,
Louise
Louise G. Mann
www.WastePeductionResources.com
Inspiring Communities to Reclaim their Recyclable Resources and Three R programs,
making REDUCTION and REUSE the Highest Priorities!
CityClerk
From:
CityClerk
Sent:
Friday, May 22, 2020 2:03 PM
To:
Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson; Kimberly; Rogers, Kristin; Williams, Kit, -
Branson, Lisa; Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc:
springfieldranch@aol.com
Subject:
FW: Markham Hill/forward to Mayor Jordan and City Council
This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
It is time Fayetteville put the brakes on development. The growth is out of control and getting ugly. How many more
apartment complexes and fast food joints do we need? The traffic is becoming unbearable. This is not sustainable growth,
this is sprawl for profit.
The future value of green space cannot be imagined. NOW is the time for Fayetteville to act and preserve Markham Hill.
Once this jewel is gone, it's gone and all the wildlife that call it home have been issued a death sentence. What lives there
now cannot be sustained or thrive on the measly acreage the developer intends to leave "green".
You have the power to stop it. I implore you to take action for the future generations who will treasure this legacy and
applaud your foresight.
T.A. Sampson
CityClerk
From:
CityClerk
Sent:
Friday, May 22, 2020 2:58 PM
To:
Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly, Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa, -
Smith, Kyle
Cc:
hdonna4967@gmail.com
Subject:
FW: Markham Hill
From: Donna Hersh <hdonna4967@gmail.com>
Sent: Friday, May 22, 2020 2:56 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Markham Hill
T, This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Please save our park. Stop the development. Thank you!
CityClerk
From:
CityClerk
Sent:
Friday, May 22, 2020 3:48 PM
To:
Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc:
lisa_m_orton@yahoo.com
Subject:
FW: SREG requesting access road off upper Sang Ave
This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Other things to consider as well:
1. Why should the City sell any of their land to a developer? Especially when so many people are
against that development and its destruction of natural habitat and historic land. Here's an opportunity for the City to
listen to a neighborhood and its people. To put the people of Fayetteville above developers and money. Here's a chance
for the City to start helping save Markham Hill from destruction. The City could choose not to sell this access road land
to the developer. It is not illegal for a City Council to say 'no' to a developer, especially when it is better for Fayetteville
in the long run to preserve its intact urban forests, pervious surfaces, trees, natural habitats, wildlife, Native American
landforms, neighborhoods, etc. The City Council could choose to say 'no' to all future requests from the developer
concerning Markham Hill since that would be better for Fayetteville. The pandemic has made it even clearer the need
for the environmental benefits of urban forests, clean air, clean water, and space. Not crowding people together.
2. The road the developer wants from Markham Rd to Sang Ave would cross a septic tank field which will render the
house at 2115 Markham Rd unoccupiable. The house would need to be connected to City sewer and be paid for by the
developer. City sewer is difficult on Markham Hill. Septic systems are used.
3. If the City decides to sell the access road land to the developer, provisions would need to be specified in the sale that
the developer, not the City or its residents, must be responsible for all costs for the required gutters, drainage, sidewalk,
and curbs. Especially since this is on a hillside where wet weather flows and drainage are a problem. All resulting
drainage problems from any development on Markham Hill and its slopes and foothills must be paid for by SREG and its
financial backer for the next 100 years or more. Specifically, Jeremy Hudson, Seth Mims, and Robert M Dant. This
responsibility to the people of Fayetteville must not be passed on to its residents or future developers.
An aside: Pertaining to the problem of long City meetings and the need to figure out how to shorten them, if the City
Council voted according to what the residents want rather than what the developer wants, there would be less need to
appear at the meetings and speak. Our emails would suffice. Long meetings reveal a problem exists between the City
govt and the people of Fayetteville. When many people speak against something, but the City Council votes to pass it
anyway, longer meetings will persist.
Sent from Yahoo Mail for iPad
On Thursday, May 21, 2020, 1:37 PM, Lisa Orton <lisa m orton@yahoo.com> wrote:
Dear Univ Hts neighbors,
1
Specialized Real Estate Group (SREG) under their financial backer's new names (Markham Hill Hospitality
and Markham Hill Residential) is requesting purchase of land for an access road along the City's access
road off Sang Ave leading to the water tower and Verizon tower. This is for the 7 homes SREG wants to
build in the horse pasture between Markham Rd and Sang Ave on the hill. They want an exit onto Sang
Ave and an exit onto Markham Rd. The access road land belongs to the City of Fayetteville, after
purchasing it from Mrs. Markham to build the water tower. The sale of this land for the access road by
the City to SREG (under its financial backer's two names) is going before the City Council this coming
Tuesday. The City staff recommends approving the sale. If it is not approved, those 7 homes cannot be
built, protecting this section of the hill from destruction. I'm wondering if Mrs. Markham and Evangeline
Archer made a covenant of some kind with the City when they sold them the water tower land? That its
use can only be for the water tower. What lawyers among us can investigate this matter? It must be
done immediately. I've attached the City documents concerning SREG's request.
Thanks,
Lisa Orton
from Yahoo Mail on Android
2
Branson, Lisa
From:
Branson, Lisa
Sent:
Tuesday, May 26, 2020 8:33 AM
To:
bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville-
ar.gov; citycouncil@matthewpetty.org; geads@fayetteville-ar.gov;
groberts@fayetteville-ar.gov;jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov;
krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov;
Ijordan@fayetteville-ar.gov; Paxton, Kara; pmulford@fayetteville-ar.gov;
snorton@fayetteville-ar.gov; Thurber, Lisa; wardl_posl @fayetteville-ar.gov; wardl_pos2
@fayetteville-ar.gov; wardl_posl @fayetteville-ar.gov; ward3_posl @fayetteville-ar.gov;
ward3_pos2@fayetteville-ar.gov; ward4_posl @fayetteville-ar.gov; ward4_pos2
@fayetteville-ar.gov
Cc:
bearchitect@sbcglobal.net
Subject:
FW: Markham Hill issue
Please forward this e-mail on to the city council and to our mayor -
Please do not sell any land to the developers that are trying to destroy our Fayetteville by gutting Markham Hills lush
woods. The density that they have a desire for is not wanted by the thousands that have signed petitions to show support
for Saving Markham Hill. Please listen to those that love the Hill the way it is.
Michelle Westfall-Edwards
Fayetteville resident
CityClerk
From: CityClerk
Sent: Tuesday, May 26, 2020 3:33 PM
To: bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville-
ar.gov; citycouncil@matthewpetty.org; Beads@fayetteville-ar.gov;
groberts@fayetteville-ar.gov;jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov;
krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov;
Ijordan@fayetteville-ar.gov; Mathis, Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov;
snorton@fayetteville-ar.gov; Thurber, Lisa; wardl_posl @fayetteville-ar.gov; wardl_pos2
@fayetteville-ar.gov; ward2_posl @fayetteville-ar.gov; ward3_posl @fayetteville-ar.gov;
ward3_pos2@fayetteville-ar.gov; ward4_posl @fayetteville-ar.gov; ward4_pos2
@fayetteville-ar.gov
Cc: Fran Alexander
Subject: FW: Please deliver to City Council members and Mayor Jordan
To City Council Members and Mayor Jordan:
For your consideration tonight is the request from Specialized Real Estate Group (and its other names) for purchase
of land for an access road along the City's access off Sang Ave leading to the water tower and Verizon tower on
Markham Hill.
I see no reason that this city land sale will benefit the surrounding neighborhood, which should be the City's top
priority, and NOT the facilitation of yet another encroachment avenue into the neighborhood for whatever purpose they
desire. With continuing accommodations to this development's needs and wants, this hill top will continue to be
compromised with roads, utilities, and infrastructure that city taxpayers will be affected by either financially or by
physical damage to the land. Please stop the continuing practice of assuming all development should be aided and
abetted at the expense of surrounding neighborhoods and losses to the current land use, which is providing
environmental protection through urban forest canopy. That canopy is being decimated in areas all around the city at a
pace that is impossible to mitigate given the years it takes to return canopy cover to land below. Every tree counts.
Please vote to deny this request for access road purchase.
Thank you,
Fran Alexander
CityClerk
From: CityClerk
Sent: Wednesday, May 27, 2020 7:54 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Norton, Susan;
Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch,
Sarah; Turk, Teresa; Smith, Kyle
Cc: lisa_m_orton@yahoo.com
Subject: FW: Developer request to purchase use of City access road on Markham Hill
Dear Mayor Jordan and City Council,
Please do not approve. According to the attached 1959 legal document from the Washington County Circuit Court, the
City of Fayetteville condemned the land for the access road, the water tower, and specifed City utilities on Markham Hill
for that purpose alone, not for private use by a developer. It looks like the City Council would be going against the
Washington County Circuit Court decision if they approved the developer's request to use the City's access road for
access to their private development.
There is no legal requirement for a City to grant anything to a developer, especially if it is not in Fayetteville's best
interest. Over 7800 people who have signed the Friends of Markham Hill petition (and many who have not yet signed)
do not want Markham Hill to be developed but rather made into a nature and wildlife preserve which will also protect
its ecology, environmental benefits, historical places, early 20th century ruins, evidences of Native American habitation
found across the mountain top, and its two already registered Native American sites. For 115 years since 1900,
preservation and conservation was the Pratt family intention. The destruction of Markham Hill by the current 4 year
developer/owner should not be allowed.
Sincerely,
Lisa Orton
1663 W Halsell Rd
Fayetteville, AR 72701
410-674-8440
N
I
i
Page #Y2 - Judgmr.-
That the City of Fayetteville, Arkan as, has condemned said+ above described real
estate for the permanent location of an elevated water storage tank'and appurtennsices
thereto, and for the construction of a perm�nent location for sewer,i� water, telephone
and electric utility lines and appurteriaucesl thereto, in connection with improvements to
the existing waterworks system operated b the City of Fayettevillell Arkansas.
That by settlement agreement entered into by and between Evangeline Pratt Archer,
Margaret Joy Pratt Markham, and Magdalene Pratt, the City of Fayetteville, Arkansas,
has agreed to pay to Evangeline Pratt Arc, Margaret Jo a M . g y Pr t�Markham, and
Magdalene Pratt, and Evangeline Pratt Ar� her, Margaret Joy Prat Markham, and
.Magdalene Pratt have agreed to accept frdm the City of Fayetteville, Arkansas, the total
1 i
sum of $10, 000.00 as full and just Lo4pe4tion for the taking of said above described
real estate by plaintiff herein yetc►f $1;^fIDQO-beia�g aZ �I gte-tehL,
I
Hof;ths ir; Ssieter nendertttcb-•OA 94 �eirrg n}acated , i-danzag-bye • �..
Lis tat e�avyixed7byrdef endant a - he-xLQ4n•- I.
I�
That upon payment by plaintiff herein to Magdalene Pratt op the sum'of $880. 50,
V)
0
3
m
s
0
0
m
0
D
a
0
PT
W
?2 "304
1N THE CIRCUIT COURT OF
WASHINGTON COUNTY, ARKA NSA'S
• .f
THE CITY OF FAYETTEVILLE, ARKA.NSA$,
A MUNICIPAL CORPORATION
YS 1.
f
EVANGELINE PRATT ARCHER, MARGARET JOY
PRATT MARK-1-LAM, AND riAGDALE NE PRATT
JUDGMENT
Now on ihis_day of 1960, comes on to be heard
I�
adjudication of just compensation due to Evangeline Pratt Archer, ' A
Markaam.n.nd Magdalene Pratt, by reason"of the taking by the CitX
of the real estate hereinafter described, the plaintiff appearin ,
& McAllister, of Fayetteville, •etteville Arkansas la ou c nn n e ready fox• trlal,�
Joy Pratt Markham and Magdalene Pratt, iappearing by written sett
of general appearance and consent to judg�x ent, announce ready fo,
"
a
Evangeline Pratt Archer, appearing by written settlement agreem'
appearance,
PLAINTIr• F
DEFENDANTS
matter of the
argaret Joy Pratt
Fayetteville, Arkansa:
y its attorneys, :Wade
the defendants, Margarc
ement agreement, entry
trial; the defendant,
nt, entry of.genettil
; whereupon
CityClerk
From: CityClerk
Sent: Friday, May 29, 2020 8:33 AM
To: bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville-
ar.gov; citycouncil@matthewpetty.org; geads@fayetteville-ar.gov;
groberts@Fayetteville-ar.gov;jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov;
krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov;
Ijordan@fayetteville-ar.gov; Mathis, Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov;
snorton@fayetteville-ar.gov; Thurber, Lisa; wardl_posl @fayetteville-ar.gov; wardl_pos2
@fayetteville-ar.gov; wardl_posl @fayetteville-ar.gov; wardl_posl @fayetteville-ar.gov;
ward3_pos2@fayetteville-ar.gov; wardl_posl @fayetteville-ar.gov; ward4_pos2
@fayetteville-ar.gov
Cc: lawrence@specializedreg.com; Curth, Jonathan; Stoll, Garner
Subject: FW: Notice to Council - Resolution 2020 0269
Please see email below from Specialized Real Estate regarding Markham Hospitality Owner, LLC Access Easement.
Have a nice day!
Lisa
From: Stoll, Garner <gstoll@fayetteville-ar.gov>
Sent: Friday, May 29, 2020 8:24 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Cc: Norton, Susan <snorton@fayetteville-ar.gov>; lawrence@specializedreg.com; Curth, Jonathan <jcurth@fayetteville-
ar.gov>
Subject: FW: Notice to Council - Resolution 2020 0269
Good morning,
Please forward to the email from Specialized Real Estate to Mayor and City Council .
It relates to the June 2, 2020 City Council Agenda Item 7.
Please let me know if you need additional information.
Garner Stoll AICP
Director of Development Services
City of Fayetteville, AR 72701
479-575-8265
Gstoll@Fayetteville-ar.gov
From: Lawrence Finn <lawrence@specializedreg.com>
Sent: Friday, May 29, 2020 8:00 AM
To: Stoll, Garner <gstoll@fayetteville-ar.gov>
Cc: Curth, Jonathan <Icurth@fayetteville-ar.gov>
Subject: Notice to Council - Resolution 2020 0269
'i\U ring; This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Garner
The Specialized Real Estate Group would like to table resolution 2020 0269 scheduled to be heard before the City
Council at the June 2, 2020 meeting. We want to wait until council meetings are in chambers and open to the public but
no later than the end of the year. SREG will work with staff to address any concerns and will resubmit at a later date.
Regards,
Lawrence Finn
VP Development and Construction
CELL 404.931.8426
SPECIALIZED 40:: in o
CityClerk
From: Paul Waddell <paulwaddell@yahoo.com>
Sent: Monday, November 16, 2020 2:29 PM
To: CityClerk
Subject: Markham Hill/Please forward to City Council
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear City Council and Mayor,
I am writing regarding the conveyance of city property to Specialized Real Estate Group and Markham Hill Hospitality, LLC (2020-0269
Markham Hospitality Owner, LLC Access Easement).
I am respectfully requesting that the city council table the resolution or temporarily pull it from the agenda. Please recall that on May
29, 2020, this item was tabled at the request of SREG to "wait until council meetings are in chambers and open to the public but no
later than the end of the year."
I am requesting that council continue this matter to a date in 2021. That as of November 16th, 2020, this development project has
garnered approximately 10,361 signatures opposing it and requesting the development be made into public green space. Any matter
that is opposed with that many signatures should be given as much special and due consideration as possible. This matter should be
continued when council meetings are back in -person and open to public.
Continuing this matter would not prejudice those for or against the resolution as time is not of the essence concerning this specific
request. Continuing this matter would not cause any irreparable harm to the developers as the easement is not needed to access their
property and there are no homeowners who would be affected. However, voting on this matter today could have irreparable harm to
neighboring property owners. Please understand that approval of the proposed conveyance to SREG will create a thoroughfare on a
quiet, dead-end street. More importantly, the Sang Avenue access is not necessary as there is access via Markham Dr. This ingress
and egress is not necessary to access the proposed property and it would be over, through, and across the City's land.
Also, continuing this matter would give more time to study and respectfully contest our City Attorney's legal analysis of whether the City
has the right and authority to permanently convey an unnecessary access easement to another entity when a deed restriction may exist
that limits this specific property to access and serve the water tank. Please note the difference between prior uses of this land where
the city granted a temporary lease of an easement to Verizon versus this proposed permanent conveyance to SREG.
The City has recently invested substantially in health measures to allow these meetings to be held open to the public and in -
person. The City should table this item to allow in -person and public discussion as it was the developers who had requested the same
just five months ago.
That in the event this matter is not continued, then please listen to the concerns of our neighborhood and vote against this un-
necessary easement.
Thank you so much for your careful consideration.
Respectfully,
Paul V. Waddell
CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is
for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this
communication is prohibited. If you believe that you have received this email in error, please notify
the sender immediately and delete it from your system.
CitvClerk
From:
CityClerk
Sent:
Tuesday, November 17, 2020 9:10 AM
To:
Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc:
teresa.campbellnwa@gmail.com
Subject:
FW: Markham
Please see email below from Teresa Campbell.
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a-�fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
VA FAYETTEVILLE
ARKANSAS
From: Teresa Campbell <teresa.campbellnwa@gmail.com>
Sent: Tuesday, November 17, 2020 8:54 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Markham
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Please do not allow SREG to do ANY damage to Markham Hill. In the middle of a devastating pandemic, this is not the
time to destroy our city's beautiful natural environment. We need health, safety, and a clean environment, MUCH more
than SREG needs more profits.
Serve the city and the community, not the corporation that serves its own profit margin.
Sincerely,
Teresa Campbell
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
i
FROM: Kit Williams, City Attorney
DATE: November 17, 2020
RE: Access Easement for Rear Alley on Markham Hill
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
At the end of the last City Council meeting, I advised you and the public that the
applicant for the proposed access easement using our driveway to our water tower on
Markham Hill had requested it be removed from the table and considered at this meeting.
In order to do so, a Council Member will need make a motion that this item be removed
from the table and considered at the beginning of Unfinished Business.
I have again reviewed the proposed access easement which would allow rear
access so that several driveways would not have to be built to connect with Sang Avenue
on Markham Hill with likely damage to or destruction of several mature trees along Sang.
This Resolution to approve had been tabled indefinitely upon the request of the applicant.
The easement as written is probably okay and would not be interpreted to imply it was
an exclusive access easement only for the use of the developer. However, I prefer not to
allow any possible misunderstanding, and so I recommend (once the item is removed
from the table) that it be amended to add "nonexclusive" before "easement" both in the
Resolution and the actual Access Easement document that Mayor Jordan will sign if
authorized by the City Council.
I have already explained this proposed change with the applicant who agreed this
was always their intention and so had no objection to making the nonexclusive nature of
their access easement crystal clear. Attached is the very slightly amended Resolution and
Access Easement document.
Parcel No. 765-14547-000
ACCESS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and
in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Markham Hospitality Owner
LLC, an Arkansas limited liability company, and Markham Residential Owner, LLC, an Arkansas limited
liability company, hereinafter called GRANTEES, and unto Grantee's successors and assigns, a
nonexclusive permanent easement for ingress, egress and access purposes in, on, over, and across the
following described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION (Warranty Deed Book 520 page 199 & Book 520 page 2001:
Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 114 of Sec. 17, T
16 N, R 30 W in Washington County, Arkansas, said point being on the East line of said SW 1/4 of the
NW 1/4; thence West and parallel to the South line of said SW 1/4 of the NW 114 of said Sec. 17, 266. 8
feet more or less; thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence
West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to the
East line of the SW % of the NW 1/4 270 feet; thence East and parallel to the South line of the SW 1/4 of
the NW 1/4 270 feet; thence South and parallel to the East line of said SW 114 of the NW /4 115 feet;
thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point
on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence South along the East line of said SW
114 of the NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less.
PERMANENT ACCESS EASEMENT DESCRIPTION:
Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, Township 16
North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, being more
particularly described as follows:
COMMENCING at a five -eighths inch (5/8") rebar marking the southeast corner of said Southwest Quarter
of the Northwest Quarter (SW1/4 NW1/4); thence by bearing and distance (basis of bearing, Grid North),
North 03'36'12" East along the east line thereof a distance of 593.89 feet to a five -eighths inch (5/8") rebar
at the southeast corner of a tract conveyed to the City of Fayetteville by Warranty Deed, Book 520, page
199, and by Warranty Deed, Book 520, page 200, both filed for record on May 5, 1959, for the POINT OF
BEGINNING; thence leaving said east line, North 86'14'11" West along the south line of said City of
Fayetteville tract a distance of 266.05 feet to a corner of said City of Fayetteville tract; thence leaving said
south line, North 03°45'49" East a distance of 50.00 feet to a corner of said City of Fayetteville tract;
thence South 86*14'11" East along the north line of said City of Fayetteville tract a distance of 265.91 feet
to said east line of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4); thence South
03°36'12" West along said east line a distance of 50.00 feet to the Point of Beginning.
RESOLUTION NO.
A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT NON-
EXCLUSIVE ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND
MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE
CITY OF FAYETTEVILLE
WHEREAS, on January 13, 2020, Specialized Real Estate received preliminary plat development
entitlement for 26 single-family lots along Markham Road, Cross Avenue and Sang Avenue; and
WHEREAS, the preliminary plat includes seven lots fronting Sang Avenue with a proposed rear
alley from Markham Road to a City utility access road that currently allows access to a water tower
from Sang Avenue; and
WHEREAS, in exchange for a 9,310 square feet non-exclusive access easement, the applicant
will pay $10,586.00 and has agreed to widen, mill, and overlay the existing utility access road; and
WHEREAS, the preliminary plat's approval is conditioned on obtaining this access easement
from the City.
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 execute an Access Easement, a copy of which is attached to this Resolution, to
Markham Hospitality Owner, LLC and Markham Residential Owner, LLC, in exchange for
$10,586.00 and the widening, milling, and overlaying of the easement to the City's
specifications.
PASSED and APPROVED this 2"d day of June, 2020.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor
BY:
KARA PAXTON, City Clerk/Treasurer