HomeMy WebLinkAbout189-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 189-21
File Number: 2021-0497
BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET
IMPROVEMENT BOND PROJECT:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC.,
PURSUANT TO RFQ 921-01 SELECTION #11, FOR THE DESIGN OF THE MILLSAP
STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO
AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND
RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
2019 STREET IMPROVEMENT BOND PROJECT
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 professional engineering services agreement with Burns & McDonnell Engineering Company,
Inc., pursuant to RFQ #20-01 Selection 11, for the design of the Millsap Street and College Avenue
Project in the amount of $300,000.00, and further authorizes Mayor Jordan to acquire any necessary
easements and right-of-way for the project.
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.
PASSED and APPROVED on 7/20/2021
Page 1 Printed on 7121121
Resolution: 189-21
File Number: 2021-0497
Attest:
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Kara Paxton, City Clerk Treasvr5t- U1LLE;
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Page 2 Printed on 7/21/21
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0497
Agenda Date: 7/20/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.3
BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT
BOND PROJECT:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01
SELECTION #11, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE
PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE
NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A
BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT
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
professional engineering services agreement with Burns & McDonnell Engineering Company, Inc., pursuant to
RFQ #20-01 Selection 11, for the design of the Millsap Street and College Avenue Project in the amount of
$300,000.00, and further authorizes Mayor Jordan to acquire any necessary easements and right-of-way for
the project.
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 7/21/2021
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2021-0497
Legistar File ID
7/20/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/23/2021 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design
of the Millsap St. and College Ave. Project, per RFQ 21-01, selection #11, authorizing the Mayor to acquire the
easements and Right of Way for the project and approval of a budget adjustment.
Budget Impact:
4602.860.7227-5860.02
4602 - Streets Project (2019 Bonds)
Account Number
Fund
46020.7227
Millsap/College Intersection Improvements
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 15,000.00
Funds Obligated
$ 448.86
Current Balance
14,551.14
Does item have a cost? Yes
Item Cost
$ 300,000.00
Budget Adjustment Attached? Yes
Budget Adjustment
$ 300,000.00
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 20, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: June 30, 2021
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $300,000.00 with Burns &
McDonnell Engineering Company, Inc. for design of the Millsap St. and
College Ave. Project, authorizing the Mayor to acquire the easements and
Right of Way for the project and approval of a budget adjustment, per RFQ
21-01, selection #11.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $300,000.00 with Burns & McDonnell
Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing
the Mayor to acquire the easements and right of way for the project and approval of a budget
adjustment, per RFQ 21-01, selection #11. The Transportation Committee recommended
approval of this contract at the June 29, 2021 Transportation Committee meeting.
BACKGROUND:
The project includes improvements to Millsap Street near the intersection with College Avenue
and addition of a connection road on new alignment between Sain Street and Millsap Street.
The improvements to Millsap Street include an additional lane west of College Avenue to
provide additional left turning capacity, realignment of lanes on both sides of College Avenue,
signalization timing and phasing improvements and installation of crosswalks and pedestrian
signals. The new connection road will be a 2-lane local roadway that connects to a proposed
roundabout on Sain Street and will have an unsignalized intersection with Millsap Street.
DISCUSSION:
On March 20th, Burns & McDonnell Engineering Company, Inc. was selected by committee
based on RFQ 21-01, selection #11. Staff has worked with Burns & McDonnell to prepare a
detailed scope of work and contract for this project. They have provided a proposed scope and
fee in the amount of $300,000.00 for the design of this project. Design should be complete and
ready for bid in the third quarter of 2022.
BUDGET/STAFF IMPACT:
The design for this project ($300,000.00) will be paid for with the funds from the 2019
Transportation Bond Fund. The funding for the construction of this project is planned for the
second phase of the bond program.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Vicinity Map
Engineering Agreement
Budget Adjustment
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
THIS AGREEMENT is made as of Lk C—V 2021, by and between City of
Fayetteville, Arkansas, acting by and throe is Mayor (hereinafter called CITY OF FAYETTEVILLE)
and BURNS & MCDONNELL ENGINEERING COMPANY, INC. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction administration of capital improvement projects.
Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree
as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments related to the MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS
(hereinafter called PROJECT) to which this Agreement applies and shall give consultation and advice to
CITY OF FAYETTEVILLE during the perfonnance of ENGINEER's services. All services shall be
performed under the direction of a professional engineer registered in the State of Arkansas and qualified
in the particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
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SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Obtain for ENGINEER access to property reasonably necessary for ENGINEER to perform
its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is described in Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The lump sum amount authorized for this Agreement is $300,000.00.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
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made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$2,000,000 Combined Single Limit
per Occurrence and in the Aggregate
$1,000,000 Combined Single Limit
per Accident
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
Professional Engineering Services Contract-BMcD-Millsap Backage Agreement
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights of subrogation against each
other and their officers, directors, agents, or employees for damage covered by property
insurance during and after the completion of ENGINEER's services. A provision similar to
this shall be incorporated into all construction contracts entered into by the CITY OF
FAYETTEVILLE, and all construction contractors shall be required to provide waivers of
subrogation in favor of CITY OF FAYETTEVILLE and ENGINEER for damage covered by
any construction contractor's property insurance.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating parry, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
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6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
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6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other parry with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require
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deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings, details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER. Except for the ENGINEER's services provided for by this Agreement as
related to the completion of the PROJECT, the ENGINEER accepts no liability arising from
any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless ENGINEER
is retained by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the
delivered documents. Except where the CITY OF FAYETTEVILLE reuses the delivered
documents subsequent to the completion of the Project, nothing contained in this paragraph
shall alter the ENGINEER's responsibilities and obligations under this Agreement.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
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6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
6576 Lynch's Prairie Cove, Suite B
Springdale, AR 72762
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other parry of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility to its standard of care set forth in Section 6.2.1. Neither CITY
OF FAYETTEVILLE's review, approval, or acceptance of, nor payment for any of the
services shall be construed as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all direct
third -party property and personal injury damages to CITY OF FAYETTEVILLE to the extent
caused by ENGINEER's negligent performance of the services furnished under this
Agreement; ENGINEER shall not be liable for errors, omissions or other deficiencies to the
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extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished
data.
7.1.3 In no event will ENGINEER be liable for any special, indirect, or consequential damages
including, without limitation, damages or losses in the nature of increased Project costs, loss
of revenue or profit, lost production, claims by customers of CITY OF FAYETTEVILLE, or
governmental fines or penalties.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents, and other evidence
for the purpose of inspection, audit and copying during normal business hours. ENGINEER
will provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained, and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement, or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to records pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
Professional Engineering Services Contract-BMcD-Millsap Backage Agreement
9
7.3.3.3.2 If there is any indication that fraud, gross abuse, or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER 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.
Professional Engineering Services Contract-BMcD-Millsap Backage Agreement
10
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
BURNS & MCDONNELL ENGINEERING
COMPANY, INC.
Digitally signed by Steven
( Beam
,1—fir Date: 2021.06.24
! 14:28:06-05'00'
M,Cir, Li'oneld dan itr;fj Steven Beam, Business Manager
7Tp:'�'.
ATTEST: •�yt�: •�l ; �• : gs�z'��,
42 By: ; = Title:
City Clerk = - 1 tVIL LE
END OF AGREEr •• ..4) .�C+ IONAL ENGINEERING SERVICES
Professional Engineering Services Contract-BMcD-Millsap Backage Agreement
N BURNS
*KMSDONNELL
APPENDIX A
TO
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS
SCOPE OF BASIC SERVICES
PROJECT DESCRIPTION
The City of Fayetteville (Owner) plans to design and construct improvements to Millsap Street near the
intersection with College Avenue and to construct a backage road on new alignment between Sain Street
and Millsap Street. The improvements to Millsap Street include an additional lane west of Highway 71B
to provide additional left turning capacity; realignment of lanes on both sides and signalization timing and
phasing improvements; and installation of crosswalks and pedestrian signals. The connection of Front
Street to Millsap Drive will also be closed. The new backage road will be a 2-lane local roadway that
connects to a proposed roundabout on Sain Street and will have an unsignalized intersection with Millsap
Street.
The proposed project will require surveys, geotechnical investigations, design, and bidding services.
Construction administration and observation is not included in the base scope of services but may be
added through contract amendment at a later time.
I. SERVICES PROVIDED BY THE OWNER:
1. Conduct reviews of design documentation, construction plans, specifications, and cost estimates.
2. Provide aerial and mapping data, if available
3. Host the necessary public involvement meeting and public hearings.
4. Publish and pay for public notices and legal notice.
5. Provide Spanish translation services at public meetings as necessary.
6. Provide right-of-way appraisals, acquisitions, and relocations, if required.
7. Advertise and receive construction bids.
II. SERVICES TO BE FURNISHED BY THE ENGINEER:
ENVIRONMENTAL CLEARANCE DOCUMENTATION
No environmental permitting is anticipated to be required by the project. Therefore, Environmental
Clearance Documentation is excluded from the Scope of Services.
A. PUBLIC INVOLVEMENT MEETING
The Engineer will plan, coordinate, participate in, and assist the City in conducting one Public
Involvement Meeting near the project area. The Engineer will identify the logistics involved in
selecting the meeting site with the City. The City will subsequently secure/reserve and pay any
rental costs for such site and any necessary equipment.
The Engineer will prepare and submit notice of public involvement meeting to the City and ARDOT
for review and approval and will place the approved notice in a local newspaper in accordance with
ARDOT polices and requirements. The City will be responsible for payment of the publication of
legal notices and ads.
The Engineer will prepare public involvement displays, sign -in sheets, comment sheets, and other
materials for the Public Involvement Meeting, as necessary. The Engineer will provide adequate
numbers of handouts and displays for the public involvement meeting and will provide four (4)
personnel to support the Public Involvement Meeting by being prepared to answer questions and
explain all concepts of the proposed project.
As directed by the City, the Engineer will obtain the Project Mailing List database from the City
and update as necessary. The Engineer will develop and maintain the Project Mailing List database
of names/addresses to be utilized in distributing the Public Meeting notice. Persons attending the
Public Meeting will be added to the database when requested by the same.
The Engineer will compile comments received at the Public Meeting and document the same in the
form of a synopsis that will include comments cards, letters, attendance sheets, summary of input,
response to public comments, etc. This will include photographs or copies of informational
displays, handouts, etc. The Engineer also will prepare and submit the Title VI report.
FIELD SURVEYS AND MAPPING
The Engineer shall be responsible for obtaining all required aerial photography and topographic mapping
(other than that provided by the Owner). The Engineer shall also be responsible for all field surveys
including topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to
identify all existing features along the project including soil borings and establishing project control.
All services performed shall be consistent with Arkansas minimum standards and in compliance with
Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State
and Local laws, regulations, and ordinances applicable to the work.
ROADWAY DESIGN AND PLANS
A. CONCEPTUAL ALIGNMENTS/ ALTERNATIVES (10% Submittal)
1. The Engineer shall prepare an alignment study based on field surveys and mapping. The
alignment study will show proposed centerline, curb/edge of pavement, and sidewalk for review
and concurrence by Owner of the general scope of proposed improvements.
2. Engineer will prepare a Conceptual Opinion of Probable Construction Cost (OPCC).
B. CONCEPTUAL ROADWAY DESIGN (30% Submittal)
Submit design criteria to be used in the design of the project for approval by the Owner prior to
beginning preliminary design work.
Submit 30% plans for review by the Owner to include at a minimum: the proposed alignment
with horizontal curve data, grades with vertical curve data, limits of construction, existing
property lines and r/w, floodway and floodplain limits, and existing aerial photography and/or
topographic survey. 30% plans will include plan and profile, typical section, and intersection
layouts.
30% OPCC
Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans
will be provided, if requested.
C. PRELIMINARY ROADWAY DESIGN (50% Submittal)
Provide pavement design alternatives using AASHTO design procedures or Owner standards and
submit recommendation to Owner for approval.
Public Meeting, if requested
The Engineer shall prepare all design related displays to be used at the public meeting when
needed. This would include, but not be limited to plans of the proposed route illustrating the
proposed horizontal and vertical alignments complete with all bridge structure. All proposed and
existing right-of-way requirements, including easements, shall be included on this display. The
Engineer shall assist the Owner at the meeting by being prepared to answer and explain all
concepts of the proposed design. The Engineer shall also be responsible for developing a written
transcript of the public comments and provide written responses to each comment. This written
transcript shall be furnished to the Owner for the completion of the project certification.
3. The preliminary roadway plans (50% submittal) shall show, as a minimum:
a) The title sheet.
b) The typical sections will include notes pertaining to slopes, tolerances, leveling, and other
items. The typical sections will contain information depicting the width of the subgrade, all
lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross
slopes (ft./ft.) will also be shown. The point of profile will be defined and the location of
pipe underdrains if needed will be illustrated. The location and shape for all ditches will
also be depicted.
c) The approved pavement designs will be incorporated into the typical sections.
d) Project specific details required to properly construct elements of the job that are not
covered in the Owner's standard drawings or other plan drawings will be developed as
needed.
e) Survey control data.
f) Roadway Plan & Profile Sheets
The plan and profile sheets will contain information including the following in the plan
view: proposed centerline and travel lanes, existing topography, existing utilities,
horizontal geometry (curve data, PI's, bearings), north arrow, lane and shoulder
dimensions, taper dimensions, proposed driveways and side streets, proposed cross drains
and related construction notes, bridge end stationing, sketch of bridge layouts, guardrail
locations, turning radii, limits of existing and proposed right-of-way and control of access
(including fence), permanent and temporary construction easements, construction limits,
location of right-of-way points and benchmarks, floodplain limits, and other data as
required.
The plan and profile sheets will contain information including the following in the
profile view: proposed vertical geometry (including VPI's, grades, and ditch grades),
superelevation station limits, benchmarks, existing ground profile, and drainage
information.
g) Maintenance of Traffic Plans (50%)
The maintenance of traffic signing details will suggest a sequence of construction to
complete major phases of the project. It will clearly identify barricades to be placed,
striping to be removed, striping to be placed prior to diversion of traffic, and possible
detour routes and the stages required to maintain traffic during construction.
h) Signing & Pavement Marking Plans (50%)
i) Erosion Control Plans
j) Culvert Diagrams (if applicable)
k) Traffic Signal Layout Sheets (if applicable)
1) Water & Sewer Relocation Plans (if applicable and authorized by Amendment to this Scope)
4. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans
will be provided, if requested.
5. Attend plan review meeting.
6. Make revisions necessary to respond to comments made at the 30% and 50% review as well as
comments made at the preliminary field inspection.
7. 50% OPCC.
8. Preliminary Drainage Report
D. FINAL ROADWAY DESIGN (90/100% Submittal)
The objective of this phase is to complete roadway, and right-of-way plans for the project. In the
final design phase, comments from the 50% submittal will be addressed, all quantities will be
calculated, right-of-way plans developed, and a final OPCC developed. Comments from the 90%
submittal will be incorporated.
1. Comments from the review of 50% plans will be incorporated in 90% plans and all sheets
will be updated.
2. The permanent pavement marking details illustrate pavement markings and traffic sign
placement. All signing, striping and delineation will be in accordance with the latest
edition of the Manual of Uniform Traffic Control Devices and shall conform to Owner
requirements.
3. Survey control sheets.
4. Erosion control plans will be developed and will include temporary measures that will be
put in place at the start of construction. The information for temporary measures includes
the location of silt fences (station/offset at PI's), rock berms, sediment basins, as well as
other strategies to prevent pollution of streams by stormwater runoff from the project site.
Erosion control plans will be developed to correspond to each Maintenance of Traffic stage
of construction. Permanent erosion control measures that will be left in place after
construction is complete will also be noted.
5. Cross sections for all roadways will be shown at a 1:1 scale and include the items required
in the "Roadway Design Plan Development Guidelines". In addition, any matchlines will be
labeled and sections will be provided at bridge ends, begin/end tapers, nose points,
begin/end auxiliary lanes, and any pipes/culverts perpendicular to centerline construction.
Inlet and outlet sections will be shown for pipes/culverts on skews.
6. The Engineer will produce plan and profile sheets related to the relocation of existing water
and sewer facilities which are directly affected by the project, if authorized to do so by
Amendment to this Scope of Work.
7. Quantities will be calculated and tabulated using the Owner's standard specifications.
8. Provide an index of sheets, a list of specifications, and general notes.
9. Provide a Project Manual that includes bid documents, agreement, general conditions,
technical specifications, and special provisions.
10. Prepare and submit a SWPPP containing all the necessary data needed to obtain a SWPPP
permit for the project.
11. 90% and Final OPCC.
12. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans
will be provided, if requested.
13. Attend final plan review meeting, if required.
14. Make plan changes resulting from the 90% review, subsequent reviews, and final plan review
meeting.
15. Perform all other work required to advertise and receive bids.
16. Provide Final Drainage Report.
GEOTECIINICAL INVESTIGATIONS AND REPORTING
This scope of work includes subsurface borings, testing, and recommendations along the proposed
alignment for the backage road. The Engineer will be responsible for staking and locating field borings
and then including coordinates and elevations for those borings in the report. Deliverables shall include a
Preliminary and Final Geotechnical Report.
No geotechnical investigations will be performed along Millsap Street.
TRAFFIC DESIGN AND PLANS
A. TRAFFIC DATA COLLECTION
1. Engineer will collect turning movement traffic counts at the intersection of Millsap & College.
2. Engineer will collect origin/destination data to understand the northbound movement of vehicles
through the Millsap & College intersection destined for the flyover versus northward on College
Avenue.
B. TRAFFIC DATA COLLECTION ANALYSIS & DESIGN
1. Engineer will reforecast design year traffic based on obtained 2021 count information and
regional travel demand model.
2. Engineer will use data to optimize lane assignments, storage, and cycle times of the intersection
and traffic signal.
3. Engineer will use data to design advance signage and lane striping on northbound College
Avenue.
4. Engineer will prepare plans and specifications for the traffic signal modifications meeting the
requirements of the Owner's Traffic Division. These plans will be developed in sequence with
the Roadway Design & Plans.
RIGHT-OF-WAY PLANS
M9Oki 1101L1104%\:a•/\21I17a10Rar l]MI`K"AI
1. Provide Right -of -Way Plans.
Right -of -Way Plans shall be prepared and submitted to the Owner according to the following:
Stage 1: At the time of 50% Roadway Submittal, provide a strip map with construction
centerline, limits of construction, existing topography and proposed right-of-way
plotted on complete parcel surveys with property lines identified.
Stage 2: Prepare right-of-way documents to Owner specifications including a metes and
bounds legal description of each parcel. Exhibits shall be adequate to clearly show
all details, dimensions, bearings, distances and notes at 11"x17" sheet size (not
smaller than 1"=100' unless approved in advance by Owner).
Stage 3: Perform a thorough "in-house" review of the right-of-way documents.
Stage 4: Prior to the 90% Roadway Submittal, provide 90% level right-of-way documents for
review, legal descriptions, and "current owner" certificates of title with deeds
attached.
Stage 5: Submit final right-of-way documents and electronic files with corrections requested
by the Owner.
2. Coordinate with Owner's Land Agent or Acquisition consultant, providing information as
requested, in support of right-of-way appraisals and acquisitions.
3. Staking of Right -of -Way and/or Easements is excluded from this Scope of Work but may be
performed on an hourly basis if authorized by Amendment.
BIDDING PHASE SERVICES
1. Update Project Manual with key dates and information at the time of advertisement for bids.
2. Prepare Advertisement for Bids and submit to the Owner for issuance to newspaper(s). The
Owner to pay advertising costs outside of this agreement.
3. Dispense construction contract documents to prospective bidders at the approximate cost of
reproduction and handling. Owner to receive bids.
4. Answer questions from contractors during bid phase
5. Issue addenda
6. Conduct the pre -bid meeting, if necessary
7. Attend Bid Opening
8. Review and certify bids for construction
9. Prepare Bid Tabulations
10. Prepare Construction Contract
11. Issue letter of recommendation to Owner for acceptable of bid
12. Assist the Owner with project close-out for design.
III. PROJECT CONDITIONS OF THE WORK
a) The Engineer shall submit a project schedule which will permit all work to be completed within
ten (10) months after receiving notice to proceed. It is understood that extenuating circumstances
e.g. unusually long review periods or other administrative delays by any public agency would be
justification to extend the design completion time frame.
b) Coordinate design and construction with franchise utility companies' relocations and/or new
locations to assure adequate space for all facilities and timely relocations.
c) Notify Owner of needs to coordinate with relevant regulatory agencies as required (FEMA,
USACOE, SI PO, ADEQ, USFWS and others) to resolve environmental issues and obtain
permits if found to be required. At this time, no permits are anticipated to be required and
therefore environmental coordination, documentation, and permits is excluded from this Scope of
Work.
d) Design and land surveys shall be performed to Arkansas minimum standards requirements and
shall be supervised and certified (stamped) by a Professional Surveyor registered in Arkansas.
e) All work performed by the Engineer shall be in compliance with all applicable Federal, State, and
local laws, regulations, and ordinances.
IV. COORDINATION WITH OWNER
a) Coordination meetings will be conducted on an as needed basis. These meetings shall include the
Engineer, the Owner, and others, as appropriate. The Engineer shall schedule these meetings
with the Owner's concurrence, and compile and distribute meeting minutes, as necessary.
V. DELIVERABLES
A. Alignment Study Design Phase (10%)
1.
Alignment Plan/Report
2.
Conceptual Opinion of Probable Construction Cost (OPCC)
B. Conceptual
Design Phase (30%)
1.
Design Criteria
2.
30% Complete Roadway Plans
3.
OPCC
C. Preliminary
Design Phase (50%)
1.
Geotechnical Report
2.
50% Complete Roadway Plans
3.
Right -of -Way Strip Map
4.
Preliminary Drainage Report
5.
OPCC
6. 90% Right -of -Way Documents
D. Final Design Phase (90/100%)
1. 90% Complete Roadway Design Plans.
2. Final Roadway Design Plans signed and sealed by an Arkansas Registered Professional
Engineer.
3. Provide Special Provisions and complete Project Manual for bidding.
4. OPCC
5. Electronic files of the project design and plans on a compact disc in AutoCAD/Civil 3D
format that is fully indexed (all reference files attached and set to load automatically.)
txniDit A - JustiTication oT Uosts - miiisap Koaa & uoiiege Avenue intersection improvements
SHEETS TASKS
Number Avg. Hirs Per Avg. Cost Per Hours Cost Hours
PM 444.0
Cost
$ 78,738.00
LABORSUMMARY
Hours
444.0 $
Cost
78,738.00
SUBCONSULTANTS
Hours
0.0
DIRECTS TOTAL
Cost W/MARKUP COST
$ -
RDY
43.0
13.6
$ 1,742.30
585.0
$ 74,919.00
104.0
$ 14,568.00
689.0
$
89,487.00
0.0
$ -
DRG
0.0
#DIV/0!
#DIV/0!
0.0
$ -
88.0
$ 12,126.00
88.0
$
12,126.00
0.0
$ -
TRF
19.0
17.1
$ 2,216.84
325.0
$ 42,120.00
100.0
$ 15,660.00
425.0
$
57,780.00
0.0
$
WALL
0.0
#DIV/0!
#DIV/0!
0.0
$ -
0.0
$ -
0.0
$
-
0.0
$
TOTAL
62.0
14.7
$ 1,887.73
910.0
$ 117,039.00
736.0
$ 121,092.00
1646.0
$ 238,131.00
0.0
$ $64,715.44 $ 302,846.44
2b.5 = Hours oar Sheet
S144.67 = Average Labor Rate
Discipline
Hours/Sheet
Sheets
Hours
Labor Cost
LABOR
SUBCONSULTANTS
Principal
(Level l7+)
Project
Director
(Level 16)
Project
Manager
(Level 15)
Associate
Civil
Engineer
(Level 15)
Senior Civil
Engineer
(Level 12)
Staff Civil
Engineer
(Level 10)
Project
Assistant
(Level 9)
Designer
(Level 9)
CAD
(Level 8)
Field Rep.
(Level 9)
Public
Involvement
(Level 12)
Structural
Engineer
nior
Structural
Engineer
Staff
Structural
Engineer
Assistant
Structural
Engineer
Associate
Environmental
Scientist
Senior
Environmental
Scientist
Staff
Environmental
Scientist
$220.00
$216.00
$214.00
$214.00
$183.00
$150.00
$132.00
$132.00
$111.00
$125.00
$183.00
Title Sheet
Index of Sheets, Governing Specs, and General Notes
RDY
RDY
1 10.0
15.0
1.0
1.0
1 10.0
15.0
$ 1,188.00
$ 1,860.00
2.0
5.0
8.0
10.0
Project Survey Sheet (Millsep)
RDY
8.0
1.0
8.0
$ 966.00
2.0
6.0
Project Survey Sheet (Backage)
RDY
8.0
1.0
8.0
$ 966.00
2.0
6.0
Prop. Typical Sections of Improvement
RDY
12.0
2.0
24.0
$ 3,054.00
10.0
14.0
Plan & Profile Sheets_Millsap (1"=20')
RDY
15.0
2.0
30.0
$ 3,915.00
15.0
15.0
Plan & Profile Sheets_Backage (1"=20')
RDY
15.0
2.0
30.0
$ 3,915.00
15.0
15.0
Intersection Details (2 Locaflons)
RDY
30.0
2.0
60.0
$ 8,220.00
40.0
20.0
Driveway Details or Profiles
RDY
20.0
2.0
40.0
$ 5,220.00
20.0
20.0
Utility Adjustment Plan
RDY
1 15.0
2.0
30.0
$ 3,720.00
10.0
20.0
MOT Details
RDY
20.0
3.0
60.0
$ 7,440.00
20.0
40.0
MOT Plan Sheets
RDY
15.0
4.0
60.0
$ 7,830.00
30.0
30.0
MOT Profile Sheets
RDY
15.0
0.0
0.0
$
Temporary Erosion Control Details (per MOT Stage)
RDY
15.0
4.0
60.0
$ 7,245.00
15.0
45.0
Signage, Striping, & Lighting Plan_Millsap
TRF
20.0
2.0
40.0
$ 5,220.00
20.0
20.0
Signage, Striping, & Lighting Plan_Backage
TRF
20.0
2.0
40.0
$ 5,220.00
20.0
20.0
Signage & Striping Plan_College
TRF
20.0
2.0
40.0
$ 5,220.00
20.0
20.0
Sign Details
TRF
20.0
2.0
40.0
$ 5,220.00
20.0
20.0
Traffic Signal Notes
TRF
15.0
1.0
15.0
$ 2,250.00
15.0
Traffic Signal Details
TRF
15.0
6.0
90.0
$ 11,160.00
30.0
60.0
Traffic Signal Plans (Signal Modification)
TRF
15.0
4.0
60.0
$ 7,830.00
30.0
30.0
Detail Sheets
RDY
8.0
5.0
40.0
$ 5,025.00
15.0
25.0
Cross Sections_Millsap (800 LF @ 50 It per = 16; 4 per sheet; 1 extra sheet for misc.)
RDY
10.0
5.0
50.0
$ 6,525.00
25.0
25.0
Cross Sections_ Backage (1000 LF @ 50 ft per = 20; 4 per sheet; 1 extra sheet for misc.)
RDY
10.0
1 6.0
60.0
1 $ 7,830.00
30.0
30.0
TOTAL HOURS -SHEETS
910.0
0.0
0.0
0.0
0.0
0.0
411.0
0.0
0.0
499.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTAL COSTSSHEETS
$117,039.00
$0.00
$0.00
$0.00
$0.00
$0.00
$61,650.00
$0.00
$0.00
$55,389.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Design Management (8 mo. schedule)
PM
80.0
$ 17,120.00
80.0
Design Criteria
PM
4.0
$ 794.00
2.0
2.0
Client Meetings & Updates
PM
40.0
$ 7,552.00
16.0
16.0
8.0
Project Administration
PM
84.0
$13,384.00
28.0
56.0
QA/QC Reviews (30-60-90-RFC)
PM
120.0
$ 21,960.00
120.0
Prepare Project Manual
PM
36.0
$ 5,368.00
4.0
16.0
16.0
Bid Phase Services
PM
80.0
$ 12,560.00
20.0
20.0
40.0
TOTAL HOURS -PM TASKS
444.0
0.0
0.0
150.0
0.0
138.0
44.0
112.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTAL COSTS -PM TASKS
Geometric Design
RDY
28.0
$78,738.00
$ 4,332.00
$0.00
$0.00
$32,100.00
$0.00
$25,254.00
4.0
$6,600.00
24.0
$14,784.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Roadway Modeling
RDY
40.0
$ 4,440.00
40.0
Design Criteria Check
RDY
4.0
$ 732.00
4.0
Quantity Takeoffs
RDY
32.0
$ 5,064.00
8.0
24.0
FAL HOURS.ROADWAY TASKS
104.0
0.0
0.0
0.0
0.0
16.0
48.0
0.0
0.0
40.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
AL COSTS -ROADWAY TASKS
$14,568.00
$0.00
$0.00
$0.00
$0.00
$2,928.00
$7,200.00
I
$0.00
$0.00
$4,440.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
DRAINAGE TASKS
Drainage Research
DRG
��M
18.0
$ 2,580.00
4.0
14.0
Delination of Drainage Areas
DRG
10.0
$ 1,422.00
2.0
8.0
Hydrologic analysis and modeling
DRG
14.0
$ 1,950.00
2.0
12.0
Hydraulic analysis and modeling
DRG
26.0
$ 3,534.00
2.0
24.0
Drainage Report
TOTAL HOURS -DRAINAGE TASKS
DRG
20.0
88.0
$ 2,640.00
0.0
0.0
0.0
0.0
10.0
0.0
0.0
20.0
78.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTAL COSTS -DRAINAGE TASKS
$12,126.00
$0.00
$0.00
$0.00
$0.00
$1,830.00
$0.00
$0.00
$10,296.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Traffic Count Coordination & Analysis
Quantity Takeoffs
TRF
TRF
40.0
60.0
$ 6,000.00
$ 9,660.00
20.0
40.0
40.0
TOTAL HOURS -TRAFFIC TASKS
100.0
0.0
0.0
0.0
0.0
20.0
80.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTAL COSTS -TRAFFIC TASKS
.rr
Traffic Counts (Vendor)
Survey (SubcensulWnt)
Right of Way Documents (Subconsultanl)
^ 1.0
1.0
1.0
L.S.
L.S.
L.S.
$ 13,927.00
$ 29,300.00
$ 13,400.00
$15,660.00
$ 13,927.00
$ 29,300.00
$ 13,400.00
$0..0
$0.00
$0..0
$0..0
$3,660.00
$12,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00$0.00
Geotechnical Investigation &Report
Miles (Assumes monthly trips to Client office)
1.0
250.0
L.S.
mile
$ 4,863.00
$ 0.58
$ 4,863.00
$ 143.75
Meals
Lodging
day
nights
$ 50.00
$ 150.00
$
$
Prinfing - Roll Plot
Prinfing -11 x17
each
each
$ 85.00
$ 0.16
$
$
Prinfing - 8 1/2 x 11
each
$ 0.07
$
Postage
each
$ 0.57
$
Fed Ex
each
$ 25.00
$
TOTAL COSTS -OTHER DIRECTS
$61,633.75
94
UNDER CONSTRUCTION
A�
ee , 404',,44
I-SAINST.
;4
co
MILLSAP RD.
-Ar=n
ii Apt
iA
MILLSAP RD. AND N. COLLEGE AVE
INTERSECTION
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2021
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of
the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and Right of Way for the
project and approval of a budget adjustment, per RFQ 21-01, selection #11.
COUNCIL DATE:
LEGISTAR FILE ID#:
7/20/2021
2021-0497
M attheaw Maddcryv
6/2V2021 2:06 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
I GLDATE: 7/20/2021
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - _ v.20210601
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4602.860.7227-5860.02 300,000 - 46020 7227 EX Capital Prof Svcs - Engineering/Architects
4602.860.7999-5899.00 (300,000) - 46020 7999 EX Unallocated - Budget
K:\Budget Adjustments\2021_Budget\City Council\07-20-2021\2021-0497 BA Millsap College Design Contract 1 of 1
City of Fayetteville Staff Review Form
2025-0320
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 5/8/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends that the Mayor sign the ARDOT letter requesting authorization to bid for the Millsap and
Hemlock Project.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 189-21
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
P y FAYETTEVILLE
ARKANSAS
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Interim Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: May 8, 2025
SUBJECT: Letter to ARDOT for Millsap/Hemlock Project
STAFF MEMO
RECOMMENDATION:
Staff recommends that the Mayor sign the ARDOT letter requesting authorization to bid for the
Millsap and Hemlock Project.
BACKGROUND:
The project includes improvements to Millsap Street near the intersection with College Avenue
and addition of a connection road on new alignment between Sain Street and Millsap Street.
The improvements to Millsap Street include an additional lane west of College Avenue to
provide additional left turning capacity, realignment of lanes on both sides of College Avenue,
signalization timing and phasing improvements and installation of crosswalks and pedestrian
signals. The new connection road (Hemlock) will be a 2 -lane local roadway that connects to a
new roundabout on Sain Street and will have an unsignalized intersection with Millsap Street.
In 2012, the Federal Transit Administration (FTA) and the Federal Highway Administration
(FHWA) designated the Fayetteville -Springdale -Rogers, AR -MO urbanized area as a
Transportation Management Area (TMA). This TMA designation provides Surface
Transportation Block Grant Program — Attributable (STBGP-A) funds to the Northwest Arkansas
Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized Area
population of 295,083. In becoming a TMA, the Northwest Arkansas Regional Planning
Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding
available at approximately $9,000,000 per year. Under current legislation, these STBGP-A
funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy
Committee.
An application for federal funding of the Millsap Rd. and College Ave. Intersection and N.
Hemlock Ave. Project was submitted to and selected by the Northwest Arkansas Regional
Planning Commission (NWARPC). On August 24, 2022, the NWARPC approved funding of the
environmental and right of way phases for $320,000 (80%) from STBGP-A funds. The City will
provide a 20% local match of $80,000 for a total of $400,000. On March 7, 2023 the City
Council approved a resolution (66-23) expressing the willingness of the City to utilize the
Federal -Aid Funds and authorized the Mayor to execute all appropriate applications,
agreements, and contracts regarding this funding. On August 29, 2023, the NWARPC
approved an additional $1,300,000 (80%). The City will provide a 20% local match of $325,000.
On May 22, 2024, the NWARPC approved an additional $1,900,000 (80%). The City will provide
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
a 20% local match of $475,000. The total federal aid portion will now be $3,520,000 and the
City's portion $880,000 for a project total of $4,400,000
DISCUSSION:
Final plans and right of way acquisition are complete for this project. The next step is to request
authorization to bid from ARDOT. This letter is formally requesting that authorization. Once
authorized to bid, Engineering staff will submit all of the plans and project documents to the
Purchasing Division to begin the bidding process. Construction is expected to begin in the fall
of this year.
BUDGET/STAFF IMPACT:
This project will be based on the Agreement of Understanding with ARDOT in which Federal -aid
money will pay 80% of the project amount and the City will pay 20%. The Federal portion will be
paid from the Surface Transportation Block Grant Program - Attributable (STBGP-A) funds. City
funds will be from the Transportation Bond Program. There is no direct cost with this request.
Attachments:
ARDOT Request for Authorization to Bid
OFFICE OF THE MAYOR
MOLLY RAWN
May 8, 2025
Ms. Jessie Jones, P.E.
Chief Engineer - Preconstruction
Arkansas Department of Transportation
P.O. Box 2261
Little Rock, AR 72203-2261
Re: Job 040943
Millsap/College (Hwy 71B) Int./Hemlock Ave.
(Fayetteville)(S)
Washington County
Dear Mr. Jones:
The following documents are submitted concerning the referenced project:
1. One set of plans and specifications.
2. A copy of the preliminary estimate of cost.
3. An unexecuted copy of the bid proposal form.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for
the type of work involved.
I understand that if any project items are declared non -participating in federal funds due to failure to
comply with any State or federal requirements, the City will promptly repay such funds to the Arkansas
Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State
Department of Finance and Administration to transfer such funds from the City's Motor Fuel Tax allotment
to the ARDOT's RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and
have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
Molly Rawn
Mayor
Enclosures
City of Fayetteville Staff Review Form
2025-0003
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 1/3/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends that the Mayor sign the attached Right of Way Agreement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 189-21
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Molly Rawn
THRU: Keith Macedo, Chief of Staff
Chris Brown, Development Services Director
FROM: Matt Casey, Engineering Design Manager
DATE: January 3, 2025
SUBJECT: Millsap/College/Hemlock Project - Signature of Mayor
Right of Way Agreement
RECOMMENDATION:
Staff recommends that the Mayor sign the attached Right of Way Agreement.
STAFF MEMO
BACKGROUND:
The project includes improvements to Millsap Street near the intersection with College Avenue
and addition of a connection road on new alignment between Sain Street and Millsap Street.
The improvements to Millsap Street include an additional lane west of College Avenue to
provide additional left turning capacity, realignment of lanes on both sides of College Avenue,
signalization timing and phasing improvements and installation of crosswalks and pedestrian
signals. The new connection road (Hemlock) will be a 2 -lane local roadway that connects to a
new roundabout on Sain Street and will have an unsignalized intersection with Millsap Street.
In 2012, the Federal Transit Administration (ETA) and the Federal Highway Administration
(FHWA) designated the Fayetteville -Springdale -Rogers, AR -MO urbanized area as a
Transportation Management Area (TMA). This TMA designation provides Surface
Transportation Block Grant Program — Attributable (STBGP-A) funds to the Northwest Arkansas
Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized Area
population of 295,083. In becoming a TMA, the Northwest Arkansas Regional Planning
Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding
available at approximately $9,000,000 per year. Under current legislation, these STBGP-A
funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy
Committee.
An application for federal funding of the Millsap Rd. and College Ave. Intersection and N.
Hemlock Ave. Project was submitted to and selected by the Northwest Arkansas Regional
Planning Commission (NWARPC). On August 24, 2022, the NWARPC approved funding of the
environmental and right of way phases for $320,000 (80%) from STBGP-A funds. The City will
provide a 20% local match of $80,000 for a total of $400,000. On March 7, 2023 the City
Council approved a resolution (66-23) expressing the willingness of the City to utilize the
Federal -Aid Funds and authorized the Mayor to execute all appropriate applications,
agreements, and contracts regarding this funding. On August 29, 2023, the NWARPC
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
approved an additional $1,300,000 (80%). The City will provide a 20% local match of $325,000.
On May 22, 2024, the NWARPC approved an additional $1,900,000 (80%). The City will
provide a 20% local match of $475,000. The total federal aid portion will now be $3,520,000
and the City's portion $880,000 for a project total of $4,400,000
DISCUSSION:
The design of this project is nearing completion and will be ready for construction in the first
quarter of 2025. It is currently is the land acquisition phase. Four (4) out of nine (9) tracts of
land have been acquired. The largest tract of land is held by the University of Arkansas who
has agreed to execute the Right of Way agreement with the City so that the Board of Trustees
can donate the right of way and construction easements for this project. All right of way must be
acquired prior to receiving ARDOT authorization to bid the project.
BUDGET/STAFF IMPACT:
This project will be based on the Agreement of Understanding with ARDOT in which Federal -aid
money will pay 80% of the project amount and the City will pay 20%. The Federal portion will
be paid from the Surface Transportation Block Grant Program - Attributable (STBGP-A) funds.
City funds will be from the Transportation Bond Program.
This Right of Way agreement has no cost associated with it. The University of Arkansas is
planning to donate the right of way at no cost to the City.
Attachments:
Right of Way Agreement
RIGHT OF WAY AGREEMENT
THIS RIGHT OF WAY AGREEMENT ("Right of Way Agreement") is made and entered
into as of this 7th day of January , 20 25 ("Effective Date"), by and between the Board
of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas,
Fayetteville (the "University") and the City of Fayetteville (the "City"). In consideration of the
mutual covenants contained in this Agreement, the parties agree as follows:
I. As part of its Millsap Road / College Avenue Intersection Improvements project, the City
desires to make certain road improvements, including the connection of Sain Street to Millsap
Road via an extension of Hemlock Avenue in Fayetteville, Arkansas (the "Improvements").
2. In order to provide the Improvements, the City has requested that the University grant rights
of way and associated easements to the City on University property, as illustrated on attached
Exhibits "A" "B," "C," "E," and "G" by executing certain quitclaim deeds and easement
documents, which are attached as Exhibits "D," "F," and "H" (the "Instruments").
3. The Improvements will benefit the public, including the University and University community
at large.
4. Subject to approval and resolution of the Board of Trustees of the University of Arkansas, the
University agrees to execute the Instruments in substantially the form attached in exchange
for the City providing the Improvements at no cost to the University.
5. To the extent permitted by law, as between the City and the University, and without waiving
its statutory sovereign immunity, the City shall be responsible for any claim or demand arising
from any work associated with providing the Improvements.
6. If the City has not substantially completed the Improvements within five (5) years of the
Effective Date, the University has the option to require that any property conveyed to the City
by the Instruments be conveyed back to the University.
IN WITNESS WHEREOF, the parties hereto have duly executed and have caused this Right of Way
Agreement duly to be executed and delivered as of the date last written below.
Board of Trustees of the University
of Arkansas, acting for and on behalf
of the University of Arkansas, Fayetteville
�onaGPl R. 'obbl'tt
By: Donald R. Bobbitt (Jan 13, 2025 16:07 CST)
Donald R. Bobbitt, President
Date: J a n 13, 2025
CITY OF FAYETTEVILLE, ARKANSAS
E -SIGNED by Molly Rawn
Byron 2025-01-07 21:19:41 GMT
Molly A. Rawn, Mayor
Date: January 7, 2025
By:
Charles F. Robinson, hancellor
Date:
Attest:
E -SIGNED by Kara P,
By: on 2025-01-07 23:00:4(
Kara Paxton, City Clerk-Tieas
Date: -January 7.2025
I &Ty o,
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TCE PRA R/W AHB SRB
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TCE TCE TCE
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7277
r f: MILLSAP/COLLEGE.
INTERSECTION
l'j r + IMPROVEMENTS
RAISING I IP :-. -
VALVOLINE _ :'+.
CANES. �, project contract
��� 136268
Exhibit "A"
Exhibit "B"
SP IN STREET
N.
00
N. HEMLOCK rL
N81°47'16"E 62
RIW
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ROW N
8,168 FT2
0.19 ACRE
019
765-02503-001
WD 2012-00009739 I
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS o
N
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z 0
L11
6+38.
019
765-02503-000
WD 2012-00009739 0
BOARD OF TRUSTEES OF THE o+
UNIVERSITY OF ARKANSAS cO
RIW
RIW
NORTH
L1_,,, POB NTS
L2-.
FLL3
z �J
L5
_
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SECTION 26
L9
Li
T17N R30W
Curve Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
13.57'
50.00'
15.56
N7'20'32"W
13.53'
C2
17.56'
23.50'
42.82
N36 -31-49"W
17.16'
N87°17'42"W 518.38'
Parcel Line Table
LINE #
DISTANCE
BEARING
L1
7.55'
N85'09'03"W
L2
9.78'
S1'01'35"W
L3
4.00'
N8925'23"W
L4
38.53'
SO'26'10"W
L5
32.02'
S89'33'50"E
L6
27.19'
S22'42'05"E
L7
42.70'
N8933'50"W
L8
11.50'
SO.26.10"W
L9
10.00'
N89'33'50"W
L10
14.28'
SO'26'10"W
L11
37.03'
N8717'42W
L12
41.51'
N15'07'12"W
L13
50.96'
S22'42'05"E
Exhibit
Tract No.: 019
Parcel No.: 765-02503-001
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Exhibit "C'
E 1/4 CORNER
o SECTION 26
- j1871T17NR3OW
V
I o
N �
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PT: 6+38.05: v7 NORTH
I 1
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I
019 1 o Ico \
765-02503-000
WD 2012-00009739
BOARD OF TRUSTEES 1 ROW
OF THE UNIVERSITY OF \ 19,697 FT2
ARKANSAS \
0.45 ACRE
X49 �9
Parcel Line Table
LINE #
DISTANCE
BEARING
L1
4.61
S88'10'23W
L2
12.64'
N3240'12W
L3
39.70'
S88'10'23W
L4
5.04'
N7340'54"E
L5
35.35'
N19'47'23"W
L6
5.00'
S7012'37"W
L7
37.03'
S87'17'42"E
L8
12.64'
S3240'12"E
L9
26.91'
S3348'57E
019
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
19.17'
36.50'
30.10
N47'43'04"W
18.95'
C2
22.19'
13.00'
97.80
$68'19'59W
19.59'
C3
74.71'
151.50'
28.26
N5'18'14"E
73.96'
C4
29.29'
156.50'
10.72
N14'25'38W
29.25'
C5
96.55'
273.54'
20.22
N9'40'36"W
96.05'
C6
83.49'
236.50'
20.23
S9'40'36"E
83.05'
C7
75.04'
188.67'
22.79
S8'23'24"E
74.55'
C8
17.81'
13.00'
78.52
S35'00'40E
16.45'
C9
46.10'
63.50'
41.60
S53'28'10"E
45.10'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002 —
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
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o SE CORNER OF
BLOCK ONE (1)
Millsap and College Improvements Exhibit "D"
(Part of) Parcel No. 765-02503-000, 765-02503-001, & 765-02503-002
Tract 19
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 transfer and quitclaim unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
(ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the Southeast Quarter (SE1/4) of
the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th Principal Meridian,
Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a 4"
PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the
shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N
22° 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and
leaving said shared property line, N 85° 09' 03" W 7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89°
25' 23" W 4.00 feet; Thence S 00° 26' 10" W 38.53 feet; Thence S 89° 33' 50" E 32.02 feet to a point on shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42'
05" E 27.19 feet; Thence, leaving said shared property line, N 89° 33' 50" W 42.70 feet; Thence S 00° 26' 10" W
11.50 feet; Thence N 89° 33' 50" W 10.00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; Thence, along said shared property line, N 87° 17'
42" W 37.03 feet; Thence, leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve
turning to the left, an arc distance of 13.57 feet, said curve having a radius of 50.00 feet, and whose long chord
bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning to the left,
an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31'
49" W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N 81° 47' 16" E 62.60
feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing
8,168 square feet, or 0.19 acres.
(ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty
Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty
Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30
West in Washington County, Arkansas, being more particularly described as follows: BEGINNING at a chiseled
X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S 88°10'23" W
along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59.60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50
feet, and whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of
19.71 feet to the beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose
long chord bears S 68°19'59" W 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet; THENCE,
S 19°25'54" W 74.22 feet to the South line of said Block One (1); THENCE, S 88°10'23" W along said South
line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to the beginning of a curve
turning to the left, having a radius of 151.50 feet, and whose long chord bears N 05°18'14" E 73.96 feet;
THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54" E 5.04 feet to the beginning of
a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38"
W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet;
THENCE, S 70°1237" W 5.00 feet; THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to
the right, having a radius of 273.54 feet, and whose long chord bears N 09°40'36" W 96.05 feet; THENCE,
along said curve, an arc distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42" E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42" W and 583.27 feet from a 4" PVC
Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W
54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet, and whose long chord
bears S 09°40'36" E 83.05 feet; THENCE, along said curve, an arc distance of 83.49 feet; THENCE, S
19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet, and
whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to
the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S
35°00'40" E 16.45 feet; THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse
curve turning to the right, having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet;
THENCE, along said curve, an arc distance of 46.10 feet; THENCE, S 32°40'12" E 12.64 feet; THENCE, S
33°48'57" E 26.91 feet to the East line of said Block One (1); THENCE, S 02°34'34" W along said East line,
42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
U/A QCD-Millsap and College Improvements
Page 2
Grantor reserves a one-half interest in and to all oil, gas, and other mineral interests associated with the above -described
land.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever, subject to a right of reversion in the Grantor that Grantor may elect to exercise
if the Grantee, within five years of the execution date below, fails to substantially complete road improvements involving
the above described property that include the connection of Sain Street to Millsap Road via an extension of Hemlock
Avenue in Fayetteville, Arkansas.
WITNESS the execution hereof on this 1 day of h , 2025.
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exemot from such stamps.
Signed:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
STATE OF ARKANSAS COUNTY OF -Pu k fo,6
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY: L
Kelli ichler, hair
BY:
Ted D key, cret ry
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 Off- I day of 2025.
J
MY COMMISSION EXPIRES:
Notary Publ
ANGELA HUDSON
SALINE COUNTY
NOTARY RU5LIC • ARKANSAS
MY Gen i ajo ifea March 19, 2028
c.omnKsySw N®.12asneee
Exhibit "E"
0
0
NORTH
NTS
PT: 6+38.05
019 \765-02503-000
WD 2012-00009739
BOARD OF TRUSTEES PROPOSED
OF THE UNIVERSITY OF o ' RIGHT-OF-WAY
ARKANSAS
Parcel Line Table
LINE #
DISTANCE
BEARING
L1
42.92'
N2'34'34"E
L2
26.91'
N3348'57"W
L3
12.64'
N32'40'12"W
L4
19.97'
N1947'23W
L5
43.16'
N1947'23W
L6
38.45'
N71'29'56"E
L7
43.15'
S18'30'04"E
L8
37.47'
S71'29'56"W
L9
6.68'
N3240'12"W
L10
5.96'
N3240'12W
L11
48.85'
N84'20'17"E
L12
46.37'
S1830'04"E
L13
19.80'
S47'51'15"W
L14
4.61'
S88'1 O'23"W
L15
59.60'
N31'31'27"W
L16
2.20'
N31 59'54"W
L17
7.59'
S4751'15W
L18
36.88'
N7034'06W
L19
7.61'
N1925'54E
L20
10.46'
832'40'12"E
019
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
46.10'
63.50'
41.60
N5328'10W
45.10'
C2
17.81'
13.00'
76.19
N3500'40W
16.45'
C3
75.04'
188.67'
22.95
N8'23'24"W
74.55'
C4
7.11'
188.67'
2.32
N1'55'30"E
7.11'
C5
22.19'
13.00'
97.80
N68'19'59"E
19.59'
C6
19.17'
36.50'
30.10
847'43'04"E
18.95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
0-
/
DE -3
646 FT2
0.02 ACRE VY
O
2�v
0
0
SI-
1,638 FT2
'- 0.04 ACRE
La
POB
DE -1
00 DE
1,967 FT2
0.05 ACRE
L11
O7 L10�
5 POB
DE -2
78 } �I\
L17L16 J
POB <�\\ :/
DE -3 r
L14-
POC
SE CORNER OF
BLOCK ONE (1)
Millsap and College Improvements Exhibit "F'
Parcel No. 765-02503-002
Tract 19
DRAINAGE EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent easement
to construct, maintain, repair and/or replace an earthen retaining levee, drainage
pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances
thereto, on over, across, under and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the
Replat of AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 in the records of Washington County,
Arkansas described as follows: A part of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) and part of the
Northeast Quarter (NE'/) of the Southeast Quarter (SE'/4), all in Section 26, Township 17 North, Range 30 West in
Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said
Northeast Quarter (NE'/4) of said Southeast Quarter (SE'/4) of said Section 26 as shown on the Final Plat of AW Realty
Subdivision recorded in Plat Book 10 at page 10 in the record of Washington County, Arkansas and run thence South
03°34'38" West a distance of 512.25 feet; thence North 88°08'04" East a distance of 49.76 feet a found concrete monument;
thence continue North 88°08'04" East a distance of 50.00 feet to the Southwest corner of said Block One (1); thence North
14°21'58" East a distance of 40.06 feet to a found chiseled "+" in concrete for the "TRUE POINT OF BEGINNING" of this
survey boundary description; thence North 87°12'45" East a distance of 266.72 feet to a found 1/2" rebar; thence South
03°53'50" West a distance of 17.16 feet to a found 1/2" rebar on the South line of said Block One (1); thence North 88°05'55"
East along the South line of said Block One (1) a distance of 133.22 feet to a found 5/8" rebar; thence North 88°05'27" East
along said South line of said Block One (1) a distance of 157.85 feet to a found 1/2" rebar; thence continue North 88°05'27"
East along said south line of said Block One (1) a distance of 222.00 feet to a set Cotton Spindle at the Southeast Corner of
said Block One (1); thence leaving said South line North 02°33'14" East along the East line of said Block One (1) a distance
of 252.43 feet to a found 5/8" rebar; thence North 22°41'00" West along said East line of said Block One (1) a distance of
427.71 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR 1266" at the Northeast corner of said Block
One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 82°20'54" West, a
chord distance of 406.32 feet, thence along the arc of said curve and said North line of said Block One (1) a distance of
408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of said Block One (1)
a distance of 89.03 feet to a found 5/8" rebar and to a curve to the left having a radius of 30.24 feet, a chord bearing of South
47°08'35" West, a chord distance of 42.17 feet, thence along the arc of said curve and said North line of said Block One (1)
a distance of 46.66 feet; thence leaving said curve South 02°44'55" West along the West line of said Block One (1) a
distance of 162.28 feet to a found 5/8" rebar; thence South 13°27'56" West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock
Avenue Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part
of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the
5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows:
Commencing at a 4" PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a
point on the shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N
22° 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said
shared property line, N 85° 09' 03" W 7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89° 25' 23" W 4.00 feet;
Thence S 00° 26' 10" W 38.53 feet; Thence S 89° 33' 50" E 32.02 feet to a point on shared property line of Parcels 765-
02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42' 05" E 27.19 feet; Thence, leaving said
shared property line, N 89° 33' 50" W 42.70 feet; Thence S 00° 26' 10" W 11.50 feet; Thence N 89° 33' 50" W 10.00 feet;
Thence S 00° 26' 10" W 14.28 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001;
Thence, along said shared property line, N 87° 17' 42" W 37.03 feet; Thence, leaving said shared property line, N 00° 26' 10"
E 67.37 feet; Thence along a curve turning to the left, an arc distance of 13.57 feet, said curve having a radius of 50.00 feet,
and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning
to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31' 49"
W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N 81° 47' 16" E 62.60 feet to a point
on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line and leaving
said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168 square feet, or 0.19 acres. (ROW
2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty Subdivision to the City of
Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book
10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), all in Section
26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly described as follows:
BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S
88°10'23" W along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59.60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet, and
whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the
beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W
Drainage Easement
Page 2
19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet; THENCE, S 19°25'54" W 74.22 feet to the South line of
said Block One (1); THENCE, S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54" E and leaving said
South line, 85.01 feet to the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord
bears N 05°18'14" E 73.96 feet; THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54" E 5.04
feet to the beginning of a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N
14°25'38" W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet;
THENCE, S 70°12'37" W 5.00 feet; THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to the right,
having a radius of 273.54 feet, and whose long chord bears N 09°40'36" W 96.05 feet; THENCE, along said curve, an arc
distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet to a point on the shared property line of Parcels 765-02503-000
and 765-02503-001; THENCE, S 87°17'42" E along said shared property line, 37.03 feet to a point which lies a bearing of N
87°17'42" W and 583.27 feet from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said
shared property line, S 00°26'10" W 54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet,
and whose long chord bears S 09°40'36" E 83.05 feet; THENCE, along said curve, an arc distance of 83.49 feet; THENCE,
S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet, and whose long
chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to the beginning of a reverse
curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35°00'40" E 16.45 feet; THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right, having a radius of
63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet;
THENCE, S 32°40'12" E 12.64 feet; THENCE, S 33°48'57" E 26.91 feet to the East line of said Block One (1); THENCE, S
02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
PERMANENT EASEMENT DESCRIPTION:
(DE 1) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34" E along the East
line of said Block One (1), for 42.92 feet; THENCE, leaving said East line, N 33°48'57" W for 26.91 feet; THENCE, N
32°40'12" W for 12.64 feet to the beginning of a curve turning to the left, having a radius of 63.50 feet, and whose long chord
bears N 53°28'10" W for 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a reverse
curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 35°00'40" W for 16.45 feet; THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the left, having a radius of
188.67 feet, and whose long chord bears N 08°23'24" W for 74.55 feet; THENCE, along said curve, an arc distance of 75.04
feet; THENCE, N 19°47'23" W for 19.94 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N
19°47' 23" W for 43.16 feet; THENCE, N 71°29' 56" E 38.45 feet; THENCE, S 18°30' 04" E for 43.15 feet; THENCE, S
71°29 56" W for 37.47 feet to the POINT OF BEGINNING; containing 1,638 square feet, or 0.04 acres.
(DE 2) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34" E along the East
line of said Block One (1), 42.92 feet; THENCE, leaving said East line, N 33°48'57" W 26.91 feet; THENCE, N 32°40'12" W
6.68 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N 32° 40' 12" W 5.96 feet to the
beginning of a curve turning to the left, having a radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W 45.10
feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a curve turning to the right, having a radius
of 13.00 feet, and whose long chord bears N 35° 00' 40" W 16.45 feet; THENCE, along said curve, an arc distance of 17.81
feet to the beginning of a curve turning to the left, having a radius of 188.67 feet, and whose long chord bears N 01° 55' 30"
E 7.11 feet; THENCE, along said curve, an arc distance of 7.11 feet; THENCE, N 84° 20' 17" E 48.85 feet; THENCE, S 18°
30' 04" E 46.37 feet; THENCE, S 47° 51' 15" W 19.80 feet; to the POINT OF BEGINNING; containing 1,967 square feet, or
0.05 acres.
(DE 3) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along said
South Line, 4.61 feet; THENCE, leaving said South line, N 31°31'27" W 59.60 feet; THENCE, N 32°40'12" W for 2.18 feet to
the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 47° 51' 15" W 7.59 feet; THENCE, N 70° 34'
06" W 36.88 feet; THENCE, N 19° 25' 54" E 7.61 feet to the beginning of a curve turning to the right, having a radius of
13.00 feet, and whose long chord bears N 68° 19' 59" E 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet
to the beginning of a compound curve turning to the right, having a radius of 36.50 feet, and whose long chord bears S 47°
43' 04" E 18.95 feet; THENCE, along said curve, an arc distance of 19.17; THENCE, S 32° 40' 12" E 10.46 feet to the
POINT OF BEGINNING; containing 646 square feet, or 0.02 acres.
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 Grantee, its successors, and assigns, together with free ingress to and
egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
Drainage Easement
Page 3
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and
privileges contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original
condition. To the extent permitted by law and without waiving any available immunities, Grantee shall be responsible for
any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the Grantee or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers,
or workers, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct
of Grantor or its employees, contractors, or agents.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in
this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs,
legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this 2� 0 day of NK� , 2025.
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY:
Nit
ichler hair
BY:
[P
Ted ickey Secret ry
ACKNOWLEDGMENT
STATE OF ARKANSAS
� Ct (Ca 5 k , ) ss.
COUNTY OF )
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 —' lh ((C V.1 , 2025
MY COMMISSION EXPIRES:
J `
Notary ubl
ANGELA HUDSON
SALINE COUNTY
NOTARY PUBLIC. ARKANSAS
My Commission Expires March 19, 2028
Commission No 12364669
Exhibit "G"
L16
J %
�
+
L14
b
o
019
J
7
w
765-02503-000
WD 2012-00009739
N
N
BOARD OF TRUSTEES
cn
z
OF THE UNIVERSITY OF
PT: 6
ARKANSAS
Parcel Line Table
LINE #
DISTANCE
BEARING
L1
42.92'
N2'34'34"E
L2
26.91'
N33'48'57"W
L3
12.64'
N32'40'12"W
L4
26.11'
S2'34'34"W
L5
12.79'
S8810'23"W
L6
44.89'
N3'06'58"W
L7
5.22'
N7228'57E
L8
48.10'
N1725'40"W
L9
3.24'
S72'32'01"W
L10
28.19'
N2116'59W
L11
25.23'
N3952'34"W
L12
21.24'
$6701'43"W
L13
19.19'
N1207'26"E
L14
24.74'
N7631'52"W
L15
2.36'
N4'51'18"E
L16
36.99'
S87'1 7'42"E
L17
5.00'
N7012'37E
L18
35.35'
S1947'23E
L19
5.04'
S7340'54W
L20
4.61'
S8810'23W
L21
30.03'
N31'31'27"W
L22
34.25'
S1925'54"W
L23
15.02'
S88'10'23"W
L24
12.64'
S32'40'12E
L25
29.57'
S3131'27"E
w
Co
(0
i0
TOE -21
7,577 FT2
0.17 ACRE
717'42"w
N87°17'42
"W
531.05'
0)
rn
o '
TCE - 1
15,813 FT2
0.36 ACRE
�L 0 Z
O D �
O
N O �
O
A- NWpj
X12 �z
NN
L17 w�
O /
L9
/ 07
019 211�
765-02503-002
WD 2012-00009739 P L7 v tt
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
46.10'
63.50'
41.60
N53'28'10"W
45.10'
C2
17.81'
13.00'
78.52
N3500'40"W
16.45'
C3
75.04'
188.67'
22.79
N8'23'24"W
74.55'
C4
83.49
236.50'
20.23
N9'40'36"W
83.05'
C5
96.55'
273.54'
20.22
S9'40'36"E
96.05'
C6
29.29'
156.50'
10.72
S1425'38"E
29.25'
C7
74.71'
151.50'
28.26
S518'14"W
73.96'
C8
22.19'
13.00'
97.80
N6819'59"E
19.59'
C9
19.17'
36.50'
30.10
S47'43'04E
18.95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
POB, 0
TCE-2
N
E 1/4 CORNER
`SECTION 26
T17N R30W
NORTH
NTS
9
Q
O I i
L19
TCE-3
4/,A0.,06 ACRE
G$
fbu
9
N85°30'26"W 52.96'
N
POB]
TCE-3
L20
S88°10'23"W 139.27' POC
SE CORNER OF
J\\
BLOCK ONE (1)
POB
TCE - 1
Millsap and College Improvements „
Parcel No. 765-02503-000 & 765-02503-002 Exhibit H
Tract 19
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter
called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of improvements to Millsap and College Avenue, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of
AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 in the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/) and part of the Northeast Quarter
(NE'/4) of the Southeast Quarter (SE'/), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas,
being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter (NE'/4) of said
Southeast Quarter (SE'/4) of said Section 26 as shown on the Final Plat of AW Realty Subdivision recorded in Plat Book 10 at
page 10 in the record of Washington County, Arkansas and run thence South 03°34'38" West a distance of 512.25 feet; thence
North 88°08'04" East a distance of 49.76 feet a found concrete monument; thence continue North 88°08'04" East a distance of
50.00 feet to the Southwest corner of said Block One (1); thence North 14°21'58" East a distance of 40.06 feet to a found
chiseled "+" in concrete for the "TRUE POINT OF BEGINNING" of this survey boundary description; thence North 87°12'45" East
a distance of 266.72 feet to a found 1/2" rebar; thence South 03°53'50" West a distance of 17.16 feet to a found 1/2" rebar on the
South line of said Block One (1); thence North 88°05'55" East along the South line of said Block One (1) a distance of 133.22 feet
to a found 5/8" rebar; thence North 88°05'27" East along said South line of said Block One (1) a distance of 157.85 feet to a found
1/2" rebar; thence continue North 88°05'27" East along said south line of said Block One (1) a distance of 222.00 feet to a set
Cotton Spindle at the Southeast Corner of said Block One (1); thence leaving said South line North 02°33'14" East along the East
line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar; thence North 22°41'00" West along said East line of said
Block One (1) a distance of 427.71 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR 1266" at the
Northeast corner of said Block One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing
of South 82°20'54" West, a chord distance of 406.32 feet, thence along the arc of said curve and said North line of said Block
One (1) a distance of 408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of
said Block One (1) a distance of 89.03 feet to a found 5/8" rebar and to a curve to the left having a radius of 30.24 feet, a chord
bearing of South 47°08'35" West, a chord distance of 42.17 feet, thence along the arc of said curve and said North line of said
Block One (1) a distance of 46.66 feet; thence leaving said curve South 02°44'55" West along the West line of said Block One (1)
a distance of 162.28 feet to a found 5/8" rebar; thence South 13°27'56" West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock Avenue
Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th
Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a
4" PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N 22° 42' 44" W 109.91 feet
to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said shared property line, N 85° 09' 03" W
7.55 feet; Thence S 01" 01' 35" W 9.78 feet; Thence N 89° 25' 23" W 4.00 feet; Thence S 00° 26' 10" W 38.53 feet; Thence S 89°
33' 50" E 32.02 feet to a point on shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line, S22° 42' 05" E 27.19 feet; Thence, leaving said shared property line, N 89° 3350" W 42.70 feet; Thence S 00° 26'
10" W 11.50 feet; Thence N 89° 33' 50" W 10.00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared property line of
Parcels 765-02503-000 and 765-02503-001; Thence, along said shared property line, N 87° 17' 42" W 37.03 feet; Thence,
leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve turning to the left, an arc distance of 13.57
feet, said curve having a radius of 50.00 feet, and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W,
41.51 feet; Thence along a curve turning to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and
whose long chord bears N 36° 31' 49" W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N
81° 47' 16" E 62.60 feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said
shared property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168
square feet, or 0.19 acres. (ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF
BEGINNING, S 88°10'23" W along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27"
W 59.60 feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet,
and whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the beginning
of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W 19.59 feet;
THENCE, along said curve, an arc distance of 22.19 feet; THENCE, S 19°25'54" W 74.22 feet to the South line of said Block One
(1); THENCE, S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to
the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord bears N 05°18'14" E 73.96 feet;
TCE
Page 2
THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54" E 5.04 feet to the beginning of a non -tangent
curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38" W 29.25 feet; THENCE, along
said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet; THENCE, S 70°1237" W 5.00 feet; THENCE, N
19°47'23" W 87.03 feet to the beginning of a curve turning to the right, having a radius of 273.54 feet, and whose long chord
bears N 09°40'36" W 96.05 feet; THENCE, along said curve, an arc distance of 96.55 feet; THENCE, N 00°2610" E 56.08 feet
to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42" E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42" W and 583.27 feet from a 4" PVC Monument at the East
1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W 54.62 feet to the beginning of a curve
turning to the left, having a radius of 236.50 feet, and whose long chord bears S 09°40'36" E 83.05 feet; THENCE, along said
curve, an arc distance of 83.49 feet; THENCE, S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a
radius of 188.67 feet, and whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04
feet to the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35°00'40"
E 16.45 feet; THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right,
having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet; THENCE, along said curve, an arc distance
of 46.10 feet; THENCE, S 32°40'12" E 12.64 feet; THENCE, S 33°48'57" E 26.91 feet to the East line of said Block One (1);
THENCE, S 02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
(TCE 1) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and part of the Northeast Quarter (NE1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34" E along the East line
of said Block One (1), 42.92 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING and leaving said
East line, N 33° 48' 57" W 26.91 feet; THENCE, N 32° 40' 12" W 12.64 feet to the beginning of a curve turning to the left, having a
radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W 45.10 feet; THENCE, along said curve and arc distance of
46.10 feet to the beginning of a reverse curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N
35° 00'40" W 16.45 feet; THENCE, along said curve and arc distance of 17.81 feet to the beginning of a reverse curve turning to
the left, having a radius of 188.67 feet, and whose long chord bears N 08° 23' 24" W 74.55 feet; THENCE, along said curve an
arc distance of 75.04 feet; THENCE, N 19° 47' 23" W 122.38 feet to the beginning of a curve turning to the right, having a radius
of 236.50 feet, and whose long chord bears N 09° 40' 36" W 83.05 feet; THENCE, along said curve an arc distance of 83.49 feet;
THENCE, N 00° 26' 10" E 54.62 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001;
THENCE, S 87° 17' 42" E along said shared property line, 52.22 feet to a point which lies a bearing of N 87°17'42" W 531.05 feet
from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, S 06° 57' 32" W 91.59 feet; THENCE, S 18° 30'
04" E 294.47 feet to the East line of said Block One (1); THENCE, S02° 3434" W along said East line, 26.11 feet to the POINT
OF BEGINNING; containing 15813 square feet, or 0.36 acres.
(TCE 2) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and part of the Northeast Quarter (NE1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 139.27 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 88° 10' 23"
W along said South line 12.79 feet; THENCE, leaving said South line, N 19° 42' 09" E 127.28 feet; THENCE, N 03° 06' 58" W
44.89 feet; THENCE, N 72° 28' 57" E 5.22 feet; THENCE, N 17° 25' 40" W 48.10 feet; THENCE, S 72° 32' 01" W 3.24 feet;
THENCE, N 21O 16' 59" W 28.19 feet; THENCE, N 39° 5234" W 25.23 feet; THENCE, $67°67'01'43" W 21.24 feet; THENCE, N
22° 07' 17" W 68.40 feet; THENCE, N 05° 16' 03" E 111.67 feet; THENCE, N 12° 07' 26" E 19.19 feet; THENCE, N 76° 31' 52" W
24.74 feet; THENCE, N 04° 5118" E 2.36 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-
001; THENCE, S 87° 17' 42" E along said shared property line 36.99 feet to a point which lies a bearing of N 87°17'42" W and a
distance of 620.30 feet from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, S 00° 26' 10" W 56.08 feet
to the beginning of a curve turning to the left, having a radius of 273.54 feet, and whose long chord bears S 09° 40' 36" E 96.05
feet; THENCE, along said curve, an arc distance of 96.55 feet; THENCE, S 19° 4723" E 87.03 feet; THENCE, N 70° 12' 37" E
5.00 feet; THENCE, S 19° 4723" E 35.35 feet to the beginning of a curve turning to the right, having a radius of 156.50 feet, and
whose long chord bears S 14° 25' 38" E for 29.25 feet; THENCE along said curve an arc distance of 29.29 feet; THENCE, S 73°
40' 54" W 5.04 feet to the beginning of a curve turning to the right, having a radius of 151.50 feet, and whose long chord bears
S05° 18' 14" W 73.96 feet; THENCE along said curve an arc distance of 74.71 feet; THENCE, S 19° 25' 54" W 85.01 feet to the
POINT OF BEGINNING; containing 7,577 square feet, or 0.17 acres.
(TCE 3) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 4.61 feet; THENCE, leaving said South Line, N 31°31'27" W 30.03 feet to the POINT OF BEGINNING;
THENCE from said POINT OF BEGINNING, N 85° 30' 26" W 52.96 feet; THENCE, S 19° 25' 54" W 34.25 feetto the South line of
said Block One (1); THENCE, S88° 10'23" W along said South line, 15.02 feet; THENCE, leaving said South line, N 19° 25' 54"
E 74.22 feet to the beginning of a curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 68° 19'
59" E 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet to the beginning of a compound curve turning to the
right, having a radius of 36.50 feet, and whose long chord bears S 47° 43' 04" E 18.95 feet; THENCE, along said curve, an arc
distance of 19.17 feet; THENCE, S32° 40' 12" E 12.64 feet; THENCE, 531O3127 E 29.57 feet to the POINT OF BEGINNING;
Containing 2,501 square feet, or 0.06 acres.
TCE
Page 3
Together with the rights, easements, and privileges in or to said lands which maybe required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
This temporary construction and grading easement as conditioned above, shall terminate the earlier of (i) when the
hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas or (ii)
five years from the execution date of this document.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and privileges
contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original condition. To the
extent permitted by law and without waiving any available immunities. Grantee shall be responsible for any claim of liability or
loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the Grantee
or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, or workers, except to the extent such
claims or damages may be due to or caused by the negligence or willful misconduct of Grantor or its employees, contractors,
or agents.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein ex ressed.
WITNESS the execution hereof on this ______U day of hN �� 2025
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY: &i1
Kelly E .hler, air
BY
Ted D key acre ary
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
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 Kelly Eichler and Ted Dickey, to me well known as the persons who
executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary, respectively, of
the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said Board of Trustees, 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 , 2025
MY COMMISSION EXPIRES:
AN(IPI A 141Ingf1N
SAUNECOUNTY
NOTARY PUBLIC - ARKANSAS
My Commission Expires March 18, 2028
Commission No 12364589
Notary Pubic
Exhibit "A"
Ou5 I1La
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•
•
( J
k.:'.
sill
n
i�
a
Exhibit "B"
SAIN STREET
N
Co
N. HEMLOCK rL f
N81'47E 62
O
A +
ROW N \
8,168 FT2
0.19 ACRE
019
765-02503-001
WD 2012-00009739
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS
o
z o
—
p
L11
019
765-02503-000
WD 2012-00009739 O
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS
R,W
RIW
NORTH
L1-�\ � POB NTS
L2- -
(LL3
m
b\
n_
r
O
�y
n
A
�rn m
POC
00 L7
E 1/4 CORNER
SECTION 26
L9
110
T17N R30W
Curve Table
CURVE !
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
CI
13.57'
50.00'
15.56
N7'20'32 -W
13.53'
C2
17.56'
23.50'
42.82
N36 -31-49-W
17.16'
N87`17'42'W 518.38'
Parcel Line Table
LINE /
DISTANCE
BEARING
L1
7.55'
N8509'03W
L2
9.78'
S1'01'35'W
L3
4.00'
N89'25'23W
L4
38.53'
SO'26'10'W
L5
32.02'
S89'33'50E
L6
27.19'
S22'42'05E
L7
42.70'
N89'33'50W
LB
11.50'
S0'26'10'W
L9
10.00'
N8933'50W
110
14.28'
SO'26'10'W
L11
37.03'
N8717'42W
L12
41.51'
N15'07'12W
L13
50.96'
S2242'05E
Exhibit
Tract No.: 019
Parcel No.: 765-02503-001
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
ivI
Exhibit "C"
Sk
_+
L7
N87°17'42W 583.27'
01
WO
Tir-
z
O
PT: 6+38.051
1
\
1
1 o
0
I
1�
\019
765-02503-000
1
WD 2012-00009739
I\
BOARD OF TRUSTEES
ROW
OF THE UNIVERSITY OF
19,697 FT2
ARKANSAS
1
\
0.45 ACRE
49 �9
Parcel Line Table
UNE N
DISTANCE
BEARING
L1
4.61'
5881023'W'W
L2
12.64'
N32'4012W
L3
39.70'
S88'10'23'W
L4
5.04
N73'40'54E
L5
35.35'
N19'47'23'W
L8
5.00'
S70'12'37W
L7
37.03'
587'17'42'E
LB
12.64'
S32'4012"E
L9
26.91'
S33'4857'E
PC' \ 1
'\c-
\
>v_
O �_.
4 \ \
\
L61\\\
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE p
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
CI
19.17'
36.50'
30.10
N4743'04W
1&95'
C2
22.19'
13.00'
97.80
568'19'59W
19.59'
C3
74.71'
151.50'
28.26
N51814E
73.96'
C4
29.29'
156.50'
10.72
NI425'38'W
29.25'
C5
96.55'
273.54'
20.22
N9'40'36'W
96.05'
C6
83.49'
236,50'
20.23
5940'38E
83.05'
C7
75.04'
18&67'
22.79
SS'23'24'E
74.55'
C8
17.81'
13.00'
7&52
S35 -00-40-E
16.45'
C9
46.10
63.50'
41.60
S53'26'I0'E
45.10'
Exhibit
Tract No,: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
h{21 a2 \
1
Ldj o l
L4 -N
�, a v
I l
I I
I
M II
E 1/4 CORNER
SECTION 26
T17N R30W
NORTH
NTS
UI
:• 30,62 �
/ry
;u/ V� /,. ..`\ \ iv
. O / .'? 'i
N ja\
\ I
_.L_ -
L3 L1
POB
SE CORNER OF
BLOCK ONE (1)
Millsap and College Improvements Exhibit "D"
(Pail of) Parcel No. 765-02503-000, 765-02503-001, & 765-02503-002
Tract 19
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 transfer and quitclaim unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
(ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the Southeast Quarter (SE1/4) of
the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th Principal Meridian,
Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a 4°
PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the
shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N
22° 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and
leaving said shared property line, N 85° 09' 03" W 7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89°
25' 23" W 4.00 feet; Thence S 00° 26' 10" W 38.53 feet; Thence S 89° 33' 50" E 32.02 feet to a point on shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42'
05" E 27.19 feet; Thence, leaving said shared property line, N 89° 33' 50" W 42.70 feet; Thence S 00° 26' 10" W
11.50 feet; Thence N 89° 33' 50" W 10.00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; Thence, along said shared property line, N 87° 17'
42" W 37.03 feet; Thence, leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve
turning to the left, an arc distance of 13.57 feet, said curve having a radius of 50.00 feet, and whose long chord
bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning to the left,
an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31'
49" W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N 81° 4716" E 62.60
feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing
8,168 square feet, or 0.19 acres.
(ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty
Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty
Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SE 114) of the Northeast Quarter (NE 1/4) and part of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30
West in Washington County, Arkansas, being more particularly described as follows: BEGINNING at a chiseled
X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S 88°10'23" W
along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59.60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50
feet, and whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of
19.71 feet to the beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose
long chord bears S 68°19'59" W 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet; THENCE,
S 19°25'54" W 74.22 feet to the South line of said Block One (1); THENCE, S 88°10'23" W along said South
line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to the beginning of a curve
turning to the left, having a radius of 151.50 feet, and whose long chord bears N 05°18'14" E 73.96 feet;
THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54° E 5.04 feet to the beginning of
a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38"
W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet;
THENCE, S 70°12'37" W 5.00 feet; THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to
the right, having a radius of 273.54 feet, and whose long chord bears N 09°40'36" W 96.05 feet; THENCE,
along said curve, an arc distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42" E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42" W and 583.27 feet from a 4" PVC
Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W
54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet, and whose long chord
bears S 09°40'36" E 83.05 feet; THENCE, along said curve, an arc distance of 83.49 feet; THENCE, S
19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet, and
whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to
the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S
35°00'40" E 16.45 feet; THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse
curve turning to the right, having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet;
THENCE, along said curve, an arc distance of 46.10 feet; THENCE, S 32°40'12" E 12.64 feet; THENCE, S
33°48'57" E 26.91 feet to the East line of said Block One (1); THENCE, S 02°34'34" W along said East line,
42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
L'XIIIDII 1
NORTH
NTS
019
765-02503-000
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Parcel Line Table
UNE f
DISTANCE
BEARING
L1
42.92
N2'34'34 -E
L2
26.91'
N33'4857W
L3
12.64'
N32'40'12W
L4
19.97'
N19'47'23'W
L5
43.16'
NI9'47'23'W
L6
3&45'
N71'29'56E
L7
43.15'
518'3004-E
L8
37.47'
S7129'56"W
L9
6.88'
N32'40'I2'W
L10
5.96'
N32'40'12W
L11
48.85'
N84'20'17'E
L12
46.37'
S18'30'04'E
L13
19.60
S4751'15'W
1.14
4.61'
S88'10'23'W
L15
59.60'
N31'JI'27-W
L16
2.20'
N3159'54W
L17
7.59'
S4751'15'W
L1a
36.88'
N7054'06W
L19
7.61'
N19'25'54'E
L20
10.46'
532'40' 12' E
019
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE I
LENGTH
RADRIS
DELTA
CHORD BEARING
CHORD LENGTH
CI
48.10'
63.50'
41.60
N53'28'10'W
45.10'
C2
17.81'
13.00'
78.19
N35`00'40W
16.45'
C3
75.04'
188.67'
22.95
N673'24W
74.55'
C4
7.11'
188.67'
2.32
N155'30'E
7.11'
CS
22.19'
13.00'
97.80
N8919'59E
19.59'
C6
19.17'
36.50'
30.10
S47'43'04E
18.95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
DE -3
646 FT2
0.02 ACRE Ur
O
12'
PROPOSED
RIGHT-OF-WAY
\
1,636 FTSr
16 0.04 ACRE
� POB
DE - 1
$ DE -2
+ 1,967 FT2
0.05 ACRE
L11
Itv `
C7 L10\
c5 O C POB
�, s �� Lfl DE -2
L16
L8
L17J
POB (,
DE -3 s J
L14
POC
SE CORNER OF
BLOCK ONE (1)
Millsap and College Improvements Exhibit F°
Parcel No. 765.02503-002
Tract 19
DRAINAGE EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent easement
to construct, maintain, repair and/or replace an earthen retaining levee, drainage
pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances
thereto, on over, across, under and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the
Replat of AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 in the records of Washington County,
Arkansas described as follows: A part of the Southeast Quarter (SE'h) of the Northeast Quarter (NEY4) and part of the
Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4), all in Section 26, Township 17 North, Range 30 West in
Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said
Northeast Quarter (NE'h) of said Southeast Quarter (SEY4) of said Section 26 as shown on the Final Plat of AW Realty
Subdivision recorded in Plat Book 10 at page 10 in the record of Washington County, Arkansas and run thence South
03°34'38" West a distance of 512.25 feet; thence North 88°08'04" East a distance of 49.76 feet a found concrete monument;
thence continue North 88°08'04' East a distance of 50.00 feet to the Southwest corner of said Block One (1); thence North
14°21'58" East a distance of 40.06 feet to a found chiseled +" in concrete for the 'TRUE POINT OF BEGINNINGof this
survey boundary description; thence North 87°12'45' East a distance of 266.72 feet to a found 'h" rebar; thence South
03°53'50" West a distance of 17.16 feet to a found ''/2" rebar on the South line of said Block One (1); thence North 88°05'55'
East along the South line of said Block One (1) a distance of 133.22 feet to a found 5/8" rebar; thence North 88°05'27" East
along said South tine of said Block One (1) a distance of 157.85 feet to a found ''/" rebar; thence continue North 88°05'27'
East along said south line of said Block One (1) a distance of 222.00 feet to a set Colton Spindle at the Southeast Corner of
said Block One (1); thence leaving said South line North 02°33'14' East along the East line of said Block One (1) a distance
of 252.43 feet to a found 5/8' rebar; thence North 22°41'00' West along said East line of said Block One (1) a distance of
427.71 feet to a set 518' rebar with yellow plastic cap stamped Gary Denzer AR 1266' at the Northeast corner of said Block
One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 82°20'54' West, a
chord distance of 406.32 feet, thence along the arc of said curve and said North line of said Block One (1) a distance of
408.37 feet to a found 518' rebar; thence leaving said curve North 87°42'02" West along the North line of said Block One (1)
a distance of 89.03 feet to a found 5/8' rebar and to a curve to the left having a radius of 30.24 feet. a chord bearing of South
47°08'35' West, a chord distance of 42.17 feet, thence along the arc of said curve and said North line of said Block One (1)
a distance of 46.66 feet, thence leaving said curve South 02°44'55' West along the West line of said Block One (1) a
distance of 162.28 feet to a found 518' rebar; thence South 13°27'56' West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock
Avenue Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part
of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the
5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows:
Commencing at a 4' PVC Monument at the East 1/4 Corner of said Section 26: Thence N 87° 17' 42" W 518.38 feet to a
point on the shared property line of Parcels 765-02503-001 and 765-02504-000: Thence, along said shared property line, N
22' 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said
shared property line, N 85° 09' 03" W 7.55 feet, Thence S 01' 01' 35" W 9.78 feet, Thence N 89° 25' 23" W 4.00 feet,
Thence S 00° 26' 10" W 38.53 feet; Thence S 89' 33' 50" E 32.02 feet to a point on shared property line of Parcels 765-
02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42' 05" E 27 19 feet; Thence, leaving said
shared property line, N 89° 33' 50" W 42.70 feet; Thence S 00° 26' 10" W 11.50 feet; Thence N 89° 33' 50" W 10.00 feet;
Thence S 00' 26' 10" W 14.28 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503.001;
Thence, along said shared property line, N 87° 17' 42" W 37 03 feet; Thence, leaving said shared property line, N 00° 26' 10"
E 67 37 feet, Thence along a curve turning to the left, an arc distance of 13.57 feet, said curve having a radius of 50.00 feet,
and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning
to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31' 49"
W, 17.16 feet, to the southern ROW line of Sain Street, Thence, along said ROW line, N 81° 47' 16" E 62.60 feet to a point
on the property lines of Parcels 765-02503-001 and 765-02504.000; Thence, along said shared property line and leaving
said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168 square feet, 01 0.19 acres. (ROW
2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty Subdivision to the City of
Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book
10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast Quarter (SE 114)
of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 114), all in Section
26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly described as follows:
BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S
88°10'23" W along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59.60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet, and
whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the
beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W
Drainage Easement
Page 2
19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet; THENCE, S 19°25'54 W 74.22 feet to the South line of
said Block One (1); THENCE, S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54' E and leaving said
South line, 85.01 feet to the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord
bears N 05°18'14' E 73.96 feet; THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54' E 5.04
feet to the beginning of a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N
14°25'38' W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet:
THENCE, S 70°12'37' W 5.00 feet; THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to the right,
having a radius of 273.54 feet, and whose long chord bears N 09°40'36' W 96.05 feet; THENCE, along said curve, an arc
distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet to a point on the shared property line of Parcels 765-02503.000
and 765-02503-001; THENCE, S 87°17'42' E along said shared property line, 37.03 feet to a point which lies a bearing of N
87°17'42" W and 583.27 feet from a 4' PVC Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said
shared property line, S 00°26'10' W 54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet,
and whose long chord bears S 09°40'36" E 83.05 feet; THENCE, along said curve, an arc distance of 83.49 feet; THENCE,
S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet, and whose long
chord bears S 08°23'24' E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to the beginning of a reverse
curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35°00'40' E 16.45 feet, THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right, having a radius of
63.50 feet, and whose long chord bears S 53°28'10' E 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet;
THENCE, S 32°40'12' E 12.64 feet, THENCE, S 33°48'57' E 26.91 feet to the East line of said Block One (1); THENCE, S
02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
PERMANENT EASEMENT DESCRIPTION:
(DE 1) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 114) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4). all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34' E along the East
line of said Block One (1), for 42.92 feet; THENCE, leaving said East line, N 33°48'57" W for 26.91 feet; THENCE, N
32°40'12' W for 12.64 feet to the beginning of a curve turning to the left, having a radius of 63.50 feet. and whose long chord
bears N 53°28'10' W for 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a reverse
curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 35°00'40' W for 16.45 feet; THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the left, having a radius of
188.67 feet, and whose long chord bears N 08°23'24' W for 74.55 feet; THENCE, along said curve, an arc distance of 75.04
feet; THENCE, N 19°47'23' W (or 19.94 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N
19°47' 23" W for 43.16 feet; THENCE, N 71°29' 56" E 38.45 feet; THENCE, S 18°30' 04" E for 43.15 feet; THENCE, S
71 °29' 56" W for 37.47 feet to the POINT OF BEGINNING, containing 1,638 square feet, 01 0.04 acres.
(DE 2) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
114), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34" E along the East
line of said Block One (1), 42.92 feet; THENCE, leaving said East line, N 33°48'57' W 26.91 feet; THENCE, N 32°40'12" W
6.68 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N 32° 40' 12" W 5.96 feet to the
beginning of a curve turning to the left, having a radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W 45.10
feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a curve turning to the right, having a radius
of 13.00 feet, and whose long chord bears N 35° 00'40" W 16.45 feet; THENCE, along said curve, an arc distance of 17.81
feet to the beginning of a curve turning to the left, having a radius of 188.67 feet, and whose long chord bears N 01° 55' 30"
E 7.11 feet, THENCE, along said curve, an arc distance of 7.11 feet; THENCE, N 84° 20' 17" E 48.85 feet; THENCE, S 18°
30' 04" E 46.37 feet; THENCE, S 47° 51' 15" W 19.80 feet, to the POINT OF BEGINNING; containing 1,967 square feet, or
0.05 acres,
(DE 3) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows. A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23' W along said
South Line, 4.61 feet; THENCE, leaving said South line, N 31°31'27" W 59.60 feet; THENCE, N 32°40'12' W for 2.18 feet to
the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 47° 51' 15" W 7.59 feet; THENCE, N 70° 34'
06" W 36.88 feet; THENCE, N 19° 25' 54" E 7.61 feet to the beginning of a curve turning to the right, having a radius of
13.00 feet, and whose long chord bears N 68° 19' 59" E 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet
to the beginning of a compound curve turning to the right, having a radius of 36.50 feet, and whose long chord bears S 47°
43' 04" E 18.95 feet; THENCE, along said curve, an arc distance of 19.17; THENCE, S 32° 40' 12" E 10.46 feet to the
POINT OF BEGINNING; containing 646 square feet, or 0.02 acres.
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 Grantee, its successors, and assigns, together with free ingress to and
egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
Exhibit "G"
019
765-02503-000
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Parcel Line Table
DISTANCE
BEARING
42.92'
N2'34'34'E
rNE
26.91'
N3348'57W
12.64'
H32'40'12W
26.11'
S2'34'34'W
12.70'
S8890'23W
L6
44.89
N3'06'588
L7
5.22'
N72'2857E
18
4&10
N17'25'40W
L9
3.24'
672'32'01W
L10
2&19'
N2196'69W
L11
25.23'
N39'52'34W
Lt2
21.24'
S87'0143W
L13
19.19'
N12 -07-26-E
L14
24.74'
N76'31'52W
L15
2.36'
H4'51'18'E
L16
36.99'
S87'17'42E
L17
5.00'
N70'12'37E
L18
35.35'
S19'47'23E
L19
5.04'
S73'40'54W
L20
4.61'
568'10'23W
L21
30.03'
N31'31'27'W
L22
34.25'
S19'25'54W
L23
15.02'
S8810'23 -W
L24
12.64'
532'40'12E
L25
29.57'
531'31'27-E
w
co
0
ZII
TCE-2 1
7,577 FT2
0.17 ACRE
N87.17'42'W 1
531.05'
m
,rn \
TCE-1 \
15,813 FT2
0.36 ACRE
� OZ
r 117
— O /
L9
019 1 �2
765-02503-002 4k2
WD 2012-00009739 L7 V o
BOARD OF TRUSTEES + Cl)
OF THE UNIVERSITY OF ' 0
ARKANSAS L19
J
Curve Table
CURVE 0
LENGTH
RADNS
DELTA
CHORD BEARING
CHORD LENGTH
C1
46.10'
63.50'
41.60
N5378'10W
45.10'
C2
17.81'
13.00'
7&52
N35'00'40W
16.45'
C3
75.04'
18&67'
22.79
N8'23'24W
74.55'
C4
83.49'
236.50'
20.23
N9'40'36'W
&3.05'
C5
96.55'
273.54'
20.22
S9'40'36'E
96.05'
C6
29.29'
156.50'
10.72
51425'38E
29.25'
C7
74.71'
151.50'
2&28
S518'I4'W
73.96'
08
22.19'
13.00'
97.80
N8819'59'E
19.59'
C9
19.17'
36.50'
30.10
S47'43'04E
1&95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
POB
TCE - 2
E 1/4 CORNER
SECTION 26
T17N R30W
NORTH
NTS
pC:• 3�
ci
N
C5
C9
O
N8530'26'W 52.96'
"'
2 , POB G�
TCE-3
L20
S88 -10'23-W 139 27' POC
o
SE CORNER OF
BLOCK ONE (1)
TCE-3
2,501 FT2
0.06 ACRE
POB
TCE-1
Millsap and College Improvements
Parcel No. 765-02503-000 & 765-02503-002 Exhibit "H"
Tract 19
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter
called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of improvements to Millsap and College Avenue, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas. as shown on the Final Plat of the Replat of
AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 In the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SEY4) of the Northeast Quarter (NE'/.) and part of the Northeast Quarter
(NE'/.1) of the Southeast Quarter (SE%.), all in Section 26, Township 17 North, Range 30 West in Washington County. Arkansas,
being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter (NE'/4) of said
Southeast Quarter (SE%) of said Section 26 as shown on the Final Plat of AW Realty Subdivision recorded in Plat Book 10 at
page 10 in the record of Washington County, Arkansas and run thence South 03°34'38' West a distance of 512.25 feet; thence
North 88°08'04' East a distance of 49.76 feet a found concrete monument; thence continue North 88°08'04' East a distance of
50.00 feet to the Southwest corner of said Block One (1); thence North 14°21'58' East a distance of 40.06 feet to a found
chiseled °+" in concrete for the "TRUE POINT OF BEGINNING' of this survey boundary description; thence North 87°12'45" East
a distance of 266.72 feet to a found '/2" rebar, thence South 03°53'50" West a distance of 17.16 feet to a found'//" rebar on the
South line of said Block One (1): thence North 88°05'55" East along the South line of said Block One (1) a distance of 133.22 feet
to a found 5/8' rebar; thence North 88°05'27' East along said South line of said Block One (1) a distance of 157.85 feet to a found
'/" rebar; thence continue North 88°05'27' East along said south fine of said Block One (1) a distance of 222.00 feet to a set
Cotton Spindle at the Southeast Corner of said Block One (1): thence leaving said South line North 02°33'14" East along the East
line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar: thence North 22°41'00" West along said East line of said
Block One (1) a distance of 427.71 feet to a set 5/8" rebar with yellow plastic cap stamped 'Gary Denzer AR 1266' at the
Northeast corner of said Block One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing
of South 82°20'54" West, a chord distance of 406.32 feet, thence along the arc of said curve and said North Ilne of said Block
One (1) a distance of 408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of
said Block One (1) a distance of 89.03 feet to a found 5/8" rebar and to a curve to the left having a radius of 30.24 feet, a chord
bearing of South 47°08'35' West, a chord distance of 42.17 feet, thence along the arc of said curve and said North line of said
Block One (1) a distance of 46.66 feet: thence leaving said curve South 02°44'55" West along the West line of said Block One (1)
a distance of 162.28 feet to a found 518" rebar: thence South 13°27'56' West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock Avenue
Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th
Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a
4" PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N 22° 42' 44" W 109.91 feet
to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said shared property line, N 85° 0903W
W
7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89° 25' 23" W 4.00 feet; Thence S 00° 26' 10" W 38,53 feet; Thence S89°
33' 50" E 32.02 feet to a point on shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line, S 22° 42' 05" E 27.19 feet; Thence, leaving said shared property line, N 89° 3350" W 42 70 feet; Thence S 00° 26'
10" W 11.50 feet; Thence N 89° 33' 50" W 10 00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared property line of
Parcels 765-02503-000 and 765-02503-001; Thence, along said shared property line, N 87' 17' 42" W 37.03 feet; Thence,
leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve turning to the left, an arc distance of 13.57
feet, said curve having a radius of 50.00 feet, and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W,
41.51 feet; Thence along a curve turning to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and
whose long chord bears N 36° 31' 49W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N
81° 47' 16" E 62.60 feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said
shared property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168
square feet, or 0.19 acres. (ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE 114) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 114) of the Southeast
Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF
BEGINNING, S 88°10'23 W along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27"
W 59.60 feet; THENCE, N 32°40 12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet,
and whose long chord bears N 47°43'04' W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the beginning
of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W 19.59 feet,
THENCE, along said curve, an arc distance of 22.19 feet, THENCE, S 19°25'54" W 74.22 feet to the South line of said Block One
(1); THENCE. S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to
the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord bears N O5°18'14" E 73.96 feet;
TCE
Page 2
THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54 E 5.04 feet to the beginning of a non -tangent
curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38' W 29.25 feet; THENCE, along
said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23' W 35.35 feet; THENCE, S 70°12'37' W 5.00 feet; THENCE, N
19°47'23° W 87.03 feet to the beginning of a curve turning to the right, having a radius of 273.54 feet, and whose long chord
bears N 09°40'36' W 96.05 feet; THENCE, along said curve, an arc distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet
to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42' E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42' W and 583.27 feet from a 4" PVC Monument at the East
1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W 54.62 feet to the beginning of a curve
turning to the left, having a radius of 236.50 feet, and whose long chord bears S 09°40'36' E 83.05 feet; THENCE, along said
curve, an arc distance of 83.49 feet; THENCE, S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a
radius of 188.67 feet, and whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04
feet to the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35°00'40'
E 16.45 feet; THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right,
having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet; THENCE, along said curve, an arc distance
of 46.10 feet: THENCE, S 32°40'12" E 12.64 feet; THENCE, S 33°48'57' E 26.91 feet to the East line of said Block One (1);
THENCE, S 02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, 01 0.45
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
(TCE 1) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and part of the Northeast Quarter (NE1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34' E along the East line
of said Block One (1), 42.92 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING and leaving said
East line, N 33° 48' 57" W 26.91 feet; THENCE, N 32° 40' 12" W 12.64 feet to the beginning of a curve turning to the left, having a
radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W 45.10 feet; THENCE, along said curve and arc distance of
46.10 feet to the beginning of a reverse curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N
35° 00'40" W 16.45 feet; THENCE, along said curve and arc distance of 17.81 feet to the beginning of a reverse curve turning to
the left, having a radius of 188.67 feet, and whose long chord bears N 08° 23' 24" W 74.55 feet; THENCE, along said curve an
arc distance of 75.04 feet; THENCE, N 19° 47' 23" W 122.38 feet to the beginning of a curve turning to the right, having a radius
of 236.50 feet, and whose long chord bears N 09° 40' 36" W83.05 feet; THENCE, along said curve an arc distance of 83.49 feet,
THENCE, N 00° 26' 10" E 54.62 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001;
THENCE, S 87° 17' 42" E along said shared property line, 52.22 feet to a point which lies a bearing of N 87°17'42' W531.05 feet
from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, S 06° 57' 32" W 91.59 feet, THENCE, S 18° 30'
04" E 294.47 feet to the East line of said Block One (1); THENCE, S 02° 34' 34" W along said East line, 26.11 feet to the POINT
OF BEGINNING; containing 15813 square feet, or 0.36 acres.
(TCE 2) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 139.27 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 88° 1023"
W along said South line 12.79 feet; THENCE, leaving said South line, N 19° 42' 09" E 127.28 feet; THENCE, N 03° 06' 58" W
44.89 feet; THENCE. N 72° 28' 57" E 5.22 feet; THENCE, N 17° 25' 40" W 48.10 feet; THENCE, S 72° 32' 01" W 3.24 feet;
THENCE, N 21° 16' 59" W28.19 feet; THENCE, N 39° 52' 34" W25 23 feet; THENCE, S 67° 01,43" W 21.24 feet; THENCE, N
22° 07' 17"W68.40 feet; THENCE, N 05° 16' 03" E 111.67 feet; THENCE, N 12° 07' 26" E 19.19 feet; THENCE, N 76° 31' 52" W
24.74 feet; THENCE, N 04° 51' 18" E 2.36 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-
001; THENCE, S 87° 17' 42" E along said shared property line 36.99 feet to a point which lies a bearing of N 87°17'42' Wand a
distance of 620.30 feet from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, S 00° 26' 10" W 56.08 feet
to the beginning of a curve turning to the left, having a radius of 273.54 feet, and whose long chord bears S 09° 40' 36" E 96.05
feet; THENCE, along said curve, an arc distance of 96.55 feet; THENCE, S 19° 47' 23" E 87.03 feet; THENCE, N 70° 12' 37" E
5.00 feet; THENCE, S 19° 4723" E 35.35 feet to the beginning of a curve turning to the right, having a radius of 156.50 feet, and
whose long chord bears S 14° 25' 38" E for 29.25 feet; THENCE along said curve an arc distance of 29.29 feet; THENCE, S 73°
40' 54" W 5.04 feet to the beginning of a curve turning to the right, having a radius of 151.50 feet, and whose long chord bears
S 05° 18' 14"W 73.96 feet; THENCE along said curve an arc distance of 74.71 feet; THENCE, S 19° 25' 54" W 85.01 feet to the
POINT OF BEGINNING; containing 7,577 square feet, or 0.17 acres.
(TCE 3)A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 4.61 feet; THENCE, leaving said South Line, N 31°31 '27° W 30.03 feet to the POINT OF BEGINNING;
THENCE from said POINT OF BEGINNING, N 85° 30' 26" W52.96 feet; THENCE, S 19° 25' 54" W 34.25 feet to the South line of
said Block One (1); THENCE, S 88° 10'23" W along said South line. 15.02 feet; THENCE, leaving said South line, N 19° 25' 54"
E 74.22 feet to the beginning of a curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 68° 19'
59" E 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet to the beginning of a compound curve turning to the
right, having a radius of 36.50 feet, and whose long chord bears S 47° 43' 04" E 18.95 feet; THENCE, along said curve, an arc
distance of 19.17 feet; THENCE, S32° 40' 12" E 12.64 feet; THENCE, S 31° 31' 27" E 29.57 feet to the POINT OF BEGINNING;
Containing 2,501 square feet, or 0.06 acres.
2025 Milsap Right of Way agreement
Final Audit Report 2025-01-13
Created: 2025-01-13
By: Rifi Raindriati (RNRAINDR@UARK.EDU)
Status: Signed
Transaction ID: CBJCHBCAABAAb3UNHS7CZWxk0n0291bvc19NVoA3sKvG
"2025 Milsap Right of Way agreement" History
Document created by Rifi Raindriati (RNRAINDR@UARK.EDU)
2025-01-13 - 8:18:14 PM GMT
Document emailed to dbobbitt@uasys.edu for signature
2025-01-13 - 8:20:31 PM GMT
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Signer dbobbitt@uasys.edu entered name at signing as Donald R. Bobbitt
2025-01-13- 10:07:20 PM GMT
dQ Document e -signed by Donald R. Bobbitt (dbobbitt@uasys.edu)
Signature Date: 2025-01-13 - 10:07:22 PM GMT - Time Source: server
Agreement completed.
2025-01-13 - 10:07:22 PM GMT
UNIVERSITY OF Powered by
ARKAN SAS Ac obat Sign
Sain Street Extension
Part of Parcel No. 765-02503-000 & 765-02503-001
& 765-02503-002 & 765-02503-003 & 765-02503-004
Tract 10
DRAINAGE EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent easement
to construct, maintain, repair and/or replace an earthen retaining levee, drainage
pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances
thereto, on over, across, under and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-0009739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of
the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington
County, Arkansas described as follows: A part of the Southeast Quarter (SE%) of the Northeast Quarter (NE'/<) and
part of the Northeast Quarter (NE%) of the Southeast Quarter (SE'/<) all in Section 26, Township 17 North, Range 30
West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest
corner of said Northeast Quarter (NE%) of said Southeast Quarter (SE'/<) of said Section 26 as shown on the Final
Plat of AW Realty Subdivision recorded in Plat Book 10 at Page 10 in the records of Washington County, Arkansas
and run thence South 03°34'38" West a distance of 512.25 feet; thence North 88°08'04" East a distance of 49.76 feet
to a found concrete monument; thence continue North 88°08'04" East a distance of 50.00 feet to the Southwest
corner of said Block One (1); thence North 14°21'58" East a distance of 40.06 feet to a found chiseled +" in concrete
for the "TRUE POINT OF BEGINNING" of this survey boundary description; thence North 87°12'45" East a distance of
266.72 feet to a found 1/2" rebar; thence South 03°53'50" West a distance of 17.16 feet to a found 1/2" rebar on the
South line of said Block One (1); thence North 88°05'55" East along the South line of said Block One (1) a distance of
133.22 feet to a found 5/8" rebar; thence North 88°05'27" East along said South line of said Block One (1) a distance
of 157.85 feet to a found 1/2" rebar; thence continue North 88°05'27" East along said South line of said Block One (1)
a distance of 222.00 feet to a set Cotton Spindle at the Southeast corner of said Block One (1); thence leaving said
South line North 02°33'14" East along the east line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar;
thence North 22°41'00" West along said East line of said Block One (1) a distance of 427.71 feet to a set 5/8" rebar
with yellow plastic cap stamped "Gary Denzer AR 1266" at the Northeast corner of said Block One (1) and the
beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 82°20'54" West, a chord
distance of 406.32 feet, thence along the arc of said curve and said North line of said Block One (1) a distance of
408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of said Block
One (1) a distance of 89.03 feet to a found 5/8 rebar and to a curve to the left having a radius of 42.17 feet, thence
along the arc of said curve and said North line of said Block One (1) a distance of 46.66 feet; thence leaving said
curve South 02°44'55" West along the West line of said Block One (1) a distance of 162.28 feet to a found 5/8" rebar;
thence South 13°27'56" West along said West line of said Block One (1) a distance of 162.28 feet to a found 5/8"
rebar; thence South 13°27'56" West along said West line of said Block One (1) a distance of 403.59 feet to the point
of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility easements and private
easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for the extension of Sain Street and
described as: A part of Block 1 of the Replat of the AW Realty Subdivision in the City of Fayetteville, in Washington
County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being also a part the
Southeast Quarter of the Northeast Quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West of the
5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739, and
being more particularly described as follows: Commencing at the Southwest corner of the said SE/4 NE/4 of
Section 26; thence, along the south line of the SE/4 NE/4, S87°09'40"E 181.98 feet to the east line of Front
Street; Thence leaving the south line, along the east line of Front Street, N 02°41'10" E, 98.41 feet to the existing
south line of Sain Street; thence leaving the east line of Front Street, along the existing south line of Sain Street for
the following courses: along a tangent curve to the right with a radius of 30.00 feet and arc length of 46.87 feet for a
chord of N47°26'46"E 42.25 feet to the point of tangency (PT); thence S87°47'38"E 91.24 feet to the Point of Beginning
at the point of curvature (PC) of a curve to the left with a radius of 1,175.51 feet; thence 406.24 feet along the curve for
a chord of N82°18'19"E 404.24 feet; thence leaving the curve and the existing south line of Sain Street S22°34'00"E
64.94 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses:
S81 °45'20"W 55.60 feet to the PC of a curve to the right with a radius of 383.50 feet; thence 69.63 feet along the curve
for a chord of S86°57'26"W 69.54 feet to the PT; thence N87°50'27"W 237.38 feet; thence N86°41'28"W 49.84 feet;
thence N68°01'42"W 15.20 feet to the Point of Beginning, enclosing 11,907 square feet, or 0.273 acres.
PERMANENT EASEMENT DESCRIPTION:
West PDE #1
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
Drainage Easement
Page 2
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 to the PDE Point of Beginning; thence along a
tangent curve to the left with a radius of 1,697.50 feet and arc length of 45.94 feet for a chord of S89°52'36"E 45,94 feet;
thence leaving the curve and the new south line of Sain Street S40°56'20"W 13.34 feet; thence N89°47'02"W 34.03 feet;
thence N17°27'20"W 10.53 feet to the PDE Point of Beginning, enclosing 398 square feet, or 0.009 acres.
Central PDE #2
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thence 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet; thence
continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E 147.93 feet to the PDE
Point of Beginning; thence continuing 15.08 feet along the 1,697.50 feet radius curve to the left for a chord of N84°05'57"E
15.08' feet; thence leaving the curve and the new south line of Sain Street S00°06'10"E 12.12 feet; thence S89°53'50"W
15.00 feet; thence N00°06'10"W 10.60 feet to the PDE Point of Beginning, enclosing 170 square feet, or 0.004 acres.
East PDE #3
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thence 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet; thence
continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E 147.93 feet; thence
continuing 15.08 feet along the 1,697.50 feet radius curve to the left for a chord of N84°05'57"E 15.08 feet; thence continuing
61.89 feet along the 1,697.50 feet radius curve to the left for a chord of N82°48'00"E 61.89 feet to the point of tangency;
thence N81°45'20"E 60.33 feet; thence leaving the new south line of Sain Street S22°34'00"E 13.99 feet; thence
S80°35'38"W 12.89 feet to the PDE Point of Beginning; thence S20°44'15"E 3.32 feet; thence S67°47'16"W 46.51 feet;
thence N36°41'58"W 5.45 feet; thence S53°18'02"W 20.16 feet; thence N36°41'58"W 30.34 feet; thence N83°09'29"E 22.89
feet; thence S83°27'46"E 11.81 feet; thence N86°37'08"E 45.05 feet to the PDE Point of Beginning, enclosing 1,082 square
feet, or 0.025 acres.
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 Grantee, its successors, and assigns, together with free ingress to and
egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot
be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support
structures), or any other similar wireless communications facilities.
Drainage Easement
Page 3
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and
privileges contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original
condition. To the extent permitted by law and without waiving any available immunities, Grantee shall be responsible for
any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the Grantee or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers,
or workers, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct
of Grantor or its employees, contractors, or agents.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in
this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs,
legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this 2�w day of , 2025.
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY:
Kelly ichler hair
BY: [P
Ted ickey Secret ry
ACKNOWLEDGMENT
STATE OF ARKANSAS
� Ct (Ca 5 k , ) ss.
COUNTY OF )
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 '1 (ry , 2025
MY COMMISSION EXPIRES:
Notary ubl
ANGELA HUDSON
SALINE COUNTY
NOTARY PUBLIC. ARKANSAS
My Commission Expires March 19, 2028
Commission No 12384889
BASIS OF BEARINGS: „ „ NEW ROW — 21,778ft2 (0.500ac)
ARKANSAS STATE PLANE COORDINATE EXHIBIT A MAP PGE — 5,334ft2 (0.122ac)
SYSTEM, NAD 83, NORTH ZONE. TRACT 10 PDE — 1,650ft2 (0.038ac)
(NOT A PLAT OF SURVEY) TCE — 30,867ft2 (0.709ac)
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LEGEND
NEW RIGHT OF WAY (ROW) v CORNERS OF PROPOSED RIGHT OF WAY -. - - - - - EXISTING RIGHT OF WAY LINE
-PERMANENT DRAINAGE EASEMENT (PDE) U CORNERS OF PROPOSED UTILITY ESMT ------ EXISTING UTILITY EASEMENT LINE
-PERMANENT GRADING EASEMENT (PGE) 765-02504-000 TAX PARCEL NUMBER _ _ PROPOSED RIGHT OF WAY LINE
II -TEMPORARY CONSTRUCTION ESMT. (TCE) 799-170 DEED RECORD - - PROPOSED UTIL. EASEMENT
P EXISTING PROPERTY LINE • • • • • • • • • • • • • • • • • • • • • PROPOSED TEMP. CONST. ESMT.
CITY OF I Project Name: I Property Owner: BOARD OF TRUSTEES OF No. Revisions Date
Sain Street Extension THE UNIVERSITY OF ARKANSAS
Taky*a e evl le MCE Project No. 152131
ARKANSAS Date: SEPTEMBER 2018 I Scale: 1" = 50'
Sain Street Extension
Part of Parcel No. 765-02503-000 & 765-02503-001
& 765-02503-002 & 765-02503-003 & 765-02503-004
Tract 10
DRAINAGE EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
(S1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE. and unto Grantee's successors and assigns, a permanent easement
to construct, maintain, repair and/or replace an earthen retaining levee, drainage
pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances
thereto, on over, across, under and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-0009739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of
the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington
County, Arkansas described as follows: A part of the Southeast Quarter (SE'/,) of the Northeast Quarter (NEY4) and
part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4) all in Section 26. Township 17 North, Range 30
West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest
corner of said Northeast Quarter (NE'/4) of said Southeast Quarter (SE1/4) of said Section 26 as shown on the Final
Plat of AW Realty Subdivision recorded in Plat Book 10 at Page 10 in the records of Washington County, Arkansas
and run thence South 03°34'38" West a distance of 512.25 feet; thence North 88°08'04" East a distance of 49.76 feet
to a found concrete monument; thence continue North 88°08'04" East a distance of 50.00 feet to the Southwest
corner of said Block One (1); thence North 14°21'58" East a distance of 40.06 feet to a found chiseled "+" in concrete
for the "TRUE POINT OF BEGINNING" of this survey boundary description; thence North 87°1245" East a distance of
266.72 feet to a found 1/2" rebar; thence South 03°53'50" West a distance of 17.16 feet to a found '/z' rebar on the
South line of said Block One (1); thence North 88°05'55" East along the South line of said Block One (1) a distance of
133.22 feet to a found 5/8" rebar; thence North 88°05'27" East along said South line of said Block One (1) a distance
of 157.85 feet to a found'/" rebar; thence continue North 88°05'27' East along said South line of said Block One (1)
a distance of 222.00 feet to a set Cotton Spindle at the Southeast corner of said Block One (1); thence leaving said
South line North 02°33'14" East along the east line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar:
thence North 22°41'00" West along said East line of said Block One (1) a distance of 427.71 feet to a set 5/8" rebar
with yellow plastic cap stamped "Gary Denzer AR 12.66" at the Northeast corner of said Block One (1) and the
beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 82°20'54" West, a chord
distance of 406.32 feet, thence along the arc of said curare and said North line of said Block One (1) a distance of
408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of said Block
One (1) a distance of 89.03 feet to a found 5/8 rebar and to a curve to the left having a radius of 42.17 feet, thence
along the arc of said curve and said North line of said Block One (1) a distance of 46.66 feet; thence leaving said
curve South 02°44'55" West along the West line of said Block One (1) a distance of 162 28 feet to a found 5/8" rebar;
thence South 13`2756" West along said West line of said Block One (1) a distance of 162.28 feet to a found 5/8"
rebar; thence South 13°27'56" West along said West line of said Block One (1) a distance of 403.59 feet to the point
of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility easements and private
easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for the extension of Sain Street and
described as: A part of Block 1 of the Replat of the AW Realty Subdivision in the City of Fayetteville, in Washington
County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being also a part the
Southeast Quarter of the Northeast Quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West of the
5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739, and
being more particularly described as follows: Commencing at the Southwest corner of the said SE/4 NE/4 of
Section 26; thence, along the south line of the SE/4 NE/4, S87°O9'4O"E 181.98 feet to the east line of Front
Street; Thence leaving the south line, along the east line of Front Street, N 02°41'10" E, 98.41 feet to the existing
south line of Sain Street; thence leaving the east line of Front Street, along the existing south line of Sain Street for
the following courses. along a tangent curve to the right with a radius of 30.00 feet and arc length of 46.87 feet for a
chord of N47°26'46"E 42.25 feet to the point of tangency (PT); thence S87°47'38"E 91.24 feet to the Point of Beginning
at the point of curvature (PC) of a curve to the left with a radius of 1,175.51 feet: thence 406.24 feet along the curve for
a chord of N82°18'19"E 404.24 feet; thence leaving the curve and the existing south line of Sain Street S22°34'00"E
64.94 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses:
S81 °45'20"W 55.60 feet to the PC of a curve to the right with a radius of 383.50 feet; thence 69.63 feet along the curve
for a chord of S86°57'26' W 69.54 feet to the PT; thence N87°50'27"W 237.38 feet; thence N86°41'28"W 49.84 feet;
thence N68°01'42"W 15.20 feet to the Point of Beginning, enclosing 11,907 square feet, or 0.273 acres.
PERMANENT EASEMENT DESCRIPTION:
West PDE #1
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
Drainage Easement
Page 2
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 to the PDE Point of Beginning; thence along a
tangent curve to the left with a radius of 1,697.50 feet and arc length of 45.94 feet for a chord of S89°52'36"E 45.94 feet;
thence leaving the curve and the new south line of Sain Street 540°56'20"W 13.34 feet; thence N89°47'02"W 34.03 feet;
thence N17°27'20"W 10.53 feet to the PDE Point of Beginning, enclosing 398 square feet, or 0.009 acres.
Central PDE #2
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence 589°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thence 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet; thence
continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E 147.93 feet to the PDE
Point of Beginning; thence continuing 15.08 feet along the 1,697.50 feet radius curve to the left for a chord of N84°05'57"E
15.08' feet; thence leaving the curve and the new south line of Sain Street S00°06'10"E 12.12 feet; thence 589°53'50"W
15.00 feet; thence N00°06'10"W 10.60 feet to the PDE Point of Beginning, enclosing 170 square feet, or 0.004 acres.
East PDE #3
A Permanent Drainage Easement (PDE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence 589°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thence 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet; thence
continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E 147.93 feet; thence
continuing 15.08 feet along the 1,697.50 feet radius curve to the left for a chord of N84°05'57"E 15.08 feet; thence continuing
61.89 feet along the 1,697.50 feet radius curve to the left for a chord of N82°48'00"E 61.89 feet to the point of tangency;
thence N81 °45'20"E 60.33 feet; thence leaving the new south line of Sain Street S22°34'00"E 13.99 feet; thence
580°35'38"W 12.89 feet to the PDE Point of Beginning; thence S20°44'15"E 3.32 feet; thence S67°47'16"W 46.51 feet;
thence N36°41'58"W 5.45 feet; thence S53°18'02"W 20.16 feet; thence N36°41'58"W 30.34 feet; thence N83°09'29"E 22.89
feet; thence S83°27'46"E 11.81 feet; thence N86°37'08"E 45.05 feet to the PDE Point of Beginning, enclosing 1,082 square
feet, or 0.025 acres.
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 Grantee, its successors, and assigns, together with free ingress to and
egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot
be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support
structures), or any other similar wireless communications facilities.
Drainage Easement
Page 3
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and
privileges contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original
condition. To the extent permitted by law and without waiving any available immunities, Grantee shall be responsible for
any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the Grantee or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers,
or workers, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct
of Grantor or its employees, contractors, or agents.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in
this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs,
egal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
w 1
WITNESS the execution hereof on this Zi t day of hHKYi , 2025.
V
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY:
elly ichler, hair
BY:
Ted ickey Secret ry
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 �GI day of
MY COMMISSION EXPIRES:
3-/L'J- ad.
ANGELA HUDSON
BALINS COUNTY
NOTARY PUBLIC. ARKANSAS
My Comrnssxon Expires March 19, 2020
Commission No 123646B0
-�!'✓�(��r4f .2025.
Notary Publj
BASIS OF BEARINGS:
ARKANSAS STATE PLANE COORDINATE
NEW ROW — 21.778ft2 (0.500oc)
EXHIBIT "A" MAP PGE — 5.334 ft' (0.122cc))
SYSTEM. NAG 83, NORTH ZONE.
TRACT 10 POE — 1,850ft' (0.038cc)
(NOT A PLAT OF SURVEY)
TCE — 30,867tt& (0.709oc)
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O NEW RIGHT OF WAY (ROW) Q CORNERS OF PROPOSED RIGHT OF WAY ---•-'-•- EXISTING RIGHT OF WAY LINE
O -PERMANENT DRAINAGE EASEMENT (PDE) Ti CORNERS OF PROPOSED UTILITY ESMT- - - - - - - EXISTING UTIUTY EASEMENT LINE
0 -PERMANENT GRADING EASEMENT (PGE) 765-02504-000 TAX PARCEL NUMBER _ _ - - PROPOSED RIGHT OF WAY LINE
-TEMPORARY CONSTRUCTION ESMT. (TCE) 799-170 - DEED RECORD _ - - - PROPOSED UTIL. EASEMENT
EXISTING PROPERTY UNE ••••.--......... PROPOSED TEMP. CONST. ESMT.
CITY Of I Project Name:
Solo Street Exte"elon Property Owner. BOARD OFVE TRUSTEES OF No.. Revtelone Date
awe eville MCE Project No. 152131 THE UNIVERSITY OF ARKANSAS
Y ARKANSAS Date: SEPTEMBER 2018 Scala: — 50'
Sain Street Extension
Part of Parcel No. 765-02503-000 & 765-02503-001
& 765-02503-002 & 765-02503-003 & 765-02503-004
Tract 10
GRADING EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent grading
easement for the purpose of constructing Sain Street, over, and through the
following described land situated in the County of Washington, State of
Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-0009739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of
the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington
County, Arkansas described as follows: A part of the Southeast Quarter (SE%) of the Northeast Quarter (NE'/,) and
part of the Northeast Quarter (NE'/.) of the Southeast Quarter (SEY,) all in Section 26, Township 17 North, Range 30
West in Washington County. Arkansas, being more particularly described as follows: Commencing at the Northwest
corner of said Northeast Quarter (NEY,) of said Southeast Quarter (SE'/,) of said Section 26 as shown on the Final
Plat of AW Realty Subdivision recorded in Plat Book 10 at Page 10 in the records of Washington County. Arkansas
and run thence South 03°34'38" West a distance of 512.25 feet; thence North 88°08'04" East a distance of 49.76 feet
to a found concrete monument; thence continue North 88°08'04" East a distance of 50.00 feet to the Southwest
corner of said Block One (1), thence North 1421'58" East a distance of 40.06 feet to a found chiseled "+" in concrete
for the "TRUE POINT OF BEGINNING" of this survey boundary description; thence North 87°12'45" East a distance of
266.72 feet to a found '/2rebar; thence South 03°53'50" West a distance of 17.16 feet to a found 4z" rebar on the
South line of said Block One (1); thence North 88'05'55" East along the South line of said Block One (1) a distance of
133.22 feet to a found 5/8" rebar; thence North 88°05'27" East along said South line of said Block One (1) a distance
of 157.85 feet to a found Y2" rebar; thence continue North 8805'27" East along said South line of said Block One (1)
a distance of 222.00 feet to a set Cotton Spindle at the Southeast corner of said Block One (1); thence leaving said
South line North 02°33'14" East along the east line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar;
thence North 22`41'00" West along said East line of said Block One (1) a distance of 427.71 feet to a set 5/8" rebar
with yellow plastic cap stamped "Gary Derizer AR 1266" at the Northeast corner of said Block One (1) and the
beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 8220'54" West, a chord
distance of 406.32 feet, thence along the arc of said curve and said North line of said Block One (1) a distance of
408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of said Block
One (1) a distance of 89.03 feet to a found 5/8 rebar and to a curve to the left having a radius of 42.17 feet, thence
along the arc of said curve and said North line of said Block One (1) a distance of 46.66 feet; thence leaving said
curve South 02°44'55" West along the West line of said Block One (1) a distance of 162.28 feet to a found 5/8" rebar;
thence South 13°27'56" West along said West line of said Block One (1) a distance of 162.28 feet to a found 5/8"
rebar; thence South 13°27'56" West along said West line of said Block One (1) a distance of 403.59 feet to the point
of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility easements and private
easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for the extension of Sain Street and
described as: A part of Block 1 of the Replat of the AW Realty Subdivision in the City of Fayetteville, in Washington
County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being also a part the
Southeast Quarter of the Northeast Quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West of the
5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739, and
being more particularly described as follows: Commencing at the Southwest corner of the said SE/4 NE/4 of
Section 26: thence, along the south line of the SE/4 NE/4, S87°09'40"E 181.98 feet to the east line of Front
Street; Thence leaving the south line, along the east line of Front Street, N 02°41'10" E, 98.41 feet to the existing
south line of Sain Street; thence leaving the east line of Front Street, along the existing south line of Sain Street for
the following courses: along a tangent curve to the right with a radius of 30.00 feet and arc length of 46.87 feet for a
chord of N47°2646E 42.25 feet to the point of tangency (PT); thence S87'47'38"E 91.24 feet to the Point of Beginning
at the point of curvature (PC) of a curve to the left with a radius of 1,175.51 feet; thence 406.24 feet along the curve for
a chord of N82°18'19"E 404.24 feet; thence leaving the curve and the existing south line of Sain Street S22°34'00"E
64.94 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses.
S81 °45'20"W 55.60 feet to the PC of a curve to the right with a radius of 383.50 feet; thence 69.63 feet along the curve
for a chord of S86°57'26"W 69.54 feet to the PT; thence N87°50'27"W 237.38 feet; thence N8641'28"W 49.84 feet;
thence N68°01'42"W 15.20 feet to the Point of Beginning, enclosing 11,907 square feet, or 0.273 acres.
PERMANENT EASEMENT DESCRIPTION:
West PGE #1
A Permanent Grading Easement (PGE) across part of Block I of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) and the northeast quarter of the southeast quarter
(NE/4 SF/4), all in Section 26, in Township 17 North, Range 30 West of the 5th Principal Meridian, being also a part of a tract
described in Washington County document 2012-00009739, and being more particularly described as follows:
Grading Easement
Page 2
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'f 0"W 21.67 feet to the PGE Point of Beginning at the new east line of Front Street; thence leaving the
existing east line of Front Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet;
thence NO2°59'48"E 61.75 feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along
the new south line of Sain Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of
38.00 feet for a chord of N4656'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 feet; thence leaving
the new south line of Sain Street S17°27'20"E 10.53 feet; thence N82°42'47"W 29.70 feet; thence S88°57'15"W 54.45 feet;
thence S81 °51'35"W 30.02 feet; thence N89°59'58"W 68.83 feet; thence S54°05'09"W 40.70 feet; thence S02°59'48"W
49.92 feet; thence continuing S02°5948"W 10.23 feet; thence S10°18'39"W 23.35 feet; thence N87°18'50"W 4.37 feet to the
existing east line of Front Street; thence along the existing east line of Front Street NO2°41'10"E 5.04 feet to the PGE Point
of Beginning, enclosing 3,078 square feet, or 0.071 acres.
Central PGE #2
A Permanent Grading Easement (PGE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52.75 feet to the point of tangency; thence S89°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thencg 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet to the PGE
Point of Beginning; thence continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E
147.93 feet; thence leaving the curve and the new south line of Sain Street S00°06'10"E 7.03 feet; thence along a non -
tangent curve to the west, concave to the north, with a radius of 1,700.39 feet and arc length of 132.01 feet, for a chord of
S86°35'32"W 131.98 feet; thence leaving the curve S82°19'12"W 24.94 feet; thence N40°56'20"E 13.34 feet to the PGE
Point of Beginning, enclosing 1,090 square feet, or 0.025 acres.
East PGE #3
A Permanent Grading Easement (PGE) across part of Block 1 of the Replat of the AW Realty Subdivision in the City of
Fayetteville, in Washington County, Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being
also a part of the southeast quarter of the northeast quarter (SE/4 NE/4) in Section 26, in Township 17 North, Range 30
West of the 5th Principal Meridian, being also a part of a tract described in Washington County document 2012-00009739,
and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the SE/4 NE/4,
S87°09'40"E 181.98 feet to the existing east line of Front Street; thence leaving the south line, along the existing east line of
Front Street, S02°41'10"W 21.67 feet to the new east line of Front Street; thence leaving the existing east line of Front
Street, along the new east line of Front Street for the following courses: N10°18'39"E 18.61 feet; thence NO2°59'48"E 61.75
feet to the new south line of Sain Street; thence leaving the new east line of Front Street, along the new south line of Sain
Street for the following courses: 58.30 feet along a tangent curve to the right with a radius of 38.00 feet for a chord of
N46°56'51"E 52,75 feet to the point of tangency; thence S89°06'05"E 178.62 feet to the point of curvature of a tangent curve
to the left with a radius of 1,697.50 feet; thence 45.94 feet along the curve for a chord of S89°52'36"E 45.94 feet; thence
continuing 147.97 feet along the 1,697.50 feet radius curve to the left for a chord of N86°51'03"E 147.93 feet; thence
continuing 15.08 feet along the 1,697.50 feet radius curve to the left for a chord of N84°05'57"E 15.08 feet to the PGE Point
of Beginning; thence continuing 61.89 feet along the 1,697.50 feet radius curve to the left for a chord of N82°48'00"E 61.89
feet to the point of tangency; thence N81 °45'20"E 60.33 feet; thence leaving the new south line of Sain Street S22°34'00"E
13.99 feet; thence S80°35'38"W 12.89 feet; thence 886°37'08"W 45.05 feet; thence N83°27'46"W 11.81 feet; thence
S83°09'29"W 57.45 feet; thence N00°06'10"W 6.78 feet to the PGE Point of Beginning, enclosing 1,167 square feet, or
0.027 acres.
Together with all the rights, easements and privileges in or to said lands which may be required for the full use
and enjoyment of the rights herein granted said street purposes being the construction of a road by the City of
Fayetteville, Arkansas, the maintenance of said to be the responsibility of the City of Fayetteville, Arkansas.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, forever,
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and
privileges contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original
condition. To the extent permitted by law and without waiving any available immunities, Grantee shall be responsible for
any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the Grantee or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers,
or workers, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct
of Grantor or its employees, contractors, or agents.
Grading Easement
Page 3
WITNESS the execution hereof on this 110.
day of Y�KNV'+1 2025.
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY:g;
Kelly ichler, air
BY: tII
Ted ckey, ecreta
ACKNOWLEDGMENT
STATE OFARKANSAS
ss.
COUNTY OF A4((,,SL't )
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 c l day of _ -O4MU0 A4 2025.
MY COMMISSION EXPIRES:
3-I
ANGELA HUDSON
SALINE COUNTY
NOTARY PUBLIC - ARKANSAS
My Commission Expires March 19, 2028
Commission No 12364589
Notary Puti c
BASIS OF BEARINGS:
ARKANSAS STATE PLANE COORDINATE EXHIBIT "A" MAP
NEW ROW - 21,7781t2 (0.500oc)
PGE - 5,334N(0.122oc)
SYSTEM, NAD 83, NORTH ZONE. TRACT 10
(NOT A PLAT OF SURVEY)
PDE - 1,BSONa (O'O38OO)
TOE - 30,667rt' (O.7O9Oc)
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LEGEND
0 NEW RIGHT OF WAY (ROW)
CORNERS OF PROPOSED RIGHT OF WAY — — — — — — EXISTING RIGHT OF WAY LINE
0 —PERMANENT DRAINAGE EASEMENT (POE)
LI CORNERS OF PROPOSED UTILITY ESMT- - - - - - - EXISTING UTILITY EASEMENT LINE
PERMANENT GRADING EASEMENT (PGE)
765-02504-000 TAX PARCEL NUMBER _ _ _ _ PROPOSED RIGHT OF WAY LINE
-TEMPORARY CONSTRUCTION ESMT. (TCE)
799-17O - DEED RECORD PROPOSED UTIL. EASEMENT
EXISTING PROPERTY LINE
...•.........•....... PROPOSED TEMP. CONST. ESMT.
CITY OF
YeV
le
Project Noma
Sa1n Street EKtwneion
MCE Project No. 752131
Property Owns: BOARD OF TRUSTEES OF
THE UNIVERSITY OF ARKANSAS
No.
Revisions
Date
ARKANSAS
Date: SEPTEMBER 2018
Scale: 1' - 50'
Millsap and College Improvements
Parcel No. 765.02503-000 & 765-02503-002
Tract 19
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter
called GRANTORS, 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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of improvements to Millsap and College Avenue, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of
AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 in the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NE'/.) and part of the Northeast Quarter
(NE'/,) of the Southeast Quarter (SE'/.), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas,
being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter (NE'/.) of said
Southeast Quarter (SE'/.) of said Section 26 as shown on the Final Plat of AW Realty Subdivision recorded in Plat Book 10 at
page 10 in the record of Washington County, Arkansas and run thence South 03°34'38' West a distance of 512.25 feet; thence
North 88°08'04" East a distance of 49.76 feet a found concrete monument; thence continue North 88°08'04" East a distance of
50.00 feet to the Southwest corner of said Block One (1); thence North 14°21'58" East a distance of 40.06 feet to a found
chiseled "+" in concrete for the 'TRUE POINT OF BEGINNING" of this survey boundary description: thence North 87°12'45" East
a distance of 266.72 feet to a found ½" rebar; thence South 03°53'50" West a distance of 17.16 feet to a found'/" rebar on the
South line of said Block One (1); thence North 88'05'55" East along the South line of said Block One (1) a distance of 133.22 feel
to a found 5/8" rebar; thence North 88°05'27" East along said South line of said Block One (1) a distance of 157.85 feet to a found
'/," rebar; thence continue North 88°05'27" East along said south line of said Block One (1) a distance of 222.00 feet to a set
Cotton Spindle at the Southeast Corner of said Block One (1); thence leaving said South line North 02°33'14" East along the East
line of said Block One (1) a distance of 252.43 feet to a found 5/8" rebar: thence North 22°41'00" West along said East line of said
Block One (1) a distance of 427.71 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR 1266" at the
Northeast corner of said Block One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing
of South 82°20'54" West, a chord distance of 406.32 feet, thence along the arc of said curve and said North line of said Block
One (1) a distance of 408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of
said Block One (1) a distance of 89.03 feet to a found 5/8" rebar and to a curve to the left having a radius of 30.24 feet, a chord
bearing of South 47°08'35" West, a chord distance of 42.17 feet, thence along the arc of said curve and said North line of said
Block One (1) a distance of 46.66 feet; thence leaving said curve South 02°44'55" West along the West line of said Block One (1)
a distance of 162.28 feet to a found 5/8" rebar; thence South 13°27'56" West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock Avenue
Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th
Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a
4" PVC Monument at the East 1/4 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N 22° 42' 44" W 109.91 feet
to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said shared property line, N 85° 09'03" W
7.55 feet, Thence S 01 ° 0135" W 9.78 feet; Thence N 89° 25' 23" W 4.00 feet; Thence S 00° 26' 10" W 38.53 feet; Thence S 89°
33' 50" E 32.02 feet to a point on shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line, S 22° 42' 05" E 27.19 feet; Thence, leaving said shared property line, N 89° 33' 50" W 42.70 feet; Thence SOS" 26'
10" W 11.50 feet; Thence N 89° 33' 50" W 10.00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared property line of
Parcels 765-02503.000 and 765-02503-001; Thence, along said shared property line, N 87° 17' 42" W 37.03 feet; Thence,
leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve turning to the left, an arc distance of 13.57
feet, said curve having a radius of 50.00 feet, and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W,
41.51 feet; Thence along a curve turning to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and
whose long chord bears N 36° 31' 49" W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N
81° 47' 16" E 62.60 feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said
shared property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168
square feet, or 0.19 acres. (ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF
BEGINNING, S 88°10'23" W along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27"
W 59.60 feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet,
and whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the beginning
of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W 19.59 feet;
THENCE, along said curve, an arc distance of 22.19 feet; THENCE. S 19°25'54" W 74.22 feet to the South line of said Block One
(1); THENCE, S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to
the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord bears N 05°18'14" E 73.96 feet:
TCE
Page 2
THENCE, along said curve, an arc distance of 74 71 feet; THENCE, N 73°40'54" E 5.04 feet to the beginning of a non -tangent
curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38" W 29.25 feet; THENCE, along
said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35.35 feet; THENCE, S 70°1237" W 5.00 feet; THENCE, N
19°47'23" W 87.03 feet to the beginning of a curve turning to the right, having a radius of 273.54 feet, and whose long chord
bears N 09°40'36" W 96.05 feet; THENCE, along said curve, an arc distance of 96.55 feet: THENCE, N 00°26'10" E 56.08 feet
to a point on the shared property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42" E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42" W and 583.27 feet from a 4" PVC Monument at the East
1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W 54.62 feet to the beginning of a curve
turning to the left, having a radius of 236.50 feet, and whose long chord bears S 09°40'36" E 83.05 feet; THENCE, along said
curve, an arc distance of 83.49 feet: THENCE, S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a
radius of 188.67 feet, and whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04
feet to the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35°00'40"
E 16.45 feet, THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right,
having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet; THENCE, along said curve, an arc distance
of 46.10 feet; THENCE, S 32°40'12" E 12.64 feet; THENCE, S 33°48'57" E 26.91 feet to the East line of said Block One (1);
THENCE, S 02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
(TCE 1) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and part of the Northeast Quarter (NE1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE. N 02°34'34" E along the East line
of said Block One (1), 42.92 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING and leaving said
East line, N 33° 48' 57" W26.91 feet; THENCE, N 32° 40' 12" W 12.64 feet to the beginning of a curve turning to the left, having a
radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W45.10 feet; THENCE, along said curve and arc distance of
46.10 feet to the beginning of a reverse curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N
35° 00' 40" W 16.45 feet; THENCE, along said curve and arc distance of 17.81 feet to the beginning of a reverse curve turning to
the left, having a radius of 188.67 feet, and whose long chord bears N 08° 23' 24" W74.55 feet; THENCE, along said curve an
arc distance of 75.04 feet; THENCE, N 19° 4723" W 122.38 feet to the beginning of a curve turning to the right, having a radius
of 236.50 feet, and whose long chord bears N 09° 40' 36" W 83.05 feet; THENCE, along said curve an arc distance of 83.49 feet;
TI-IENCE, N 00° 26' 10" E 54.62 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503.001;
THENCE, S 87° 17' 42" E along said shared property line, 52.22 feet to a point which lies a bearing of N 87"17'42" W 531.05 feet
from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, S 06° 57' 32" W 91.59 feet; THENCE, S 18° 30'
04" E 294.47 feet to the East line of said Block One (1); THENCE, S 02° 34' 34" W along said East line, 26.11 feet to the POINT
OF BEGINNING; containing 15813 square feet, or 0.36 acres.
(TCE 2) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and part of the Northeast Quarter (NE1/4) of the Southeast Quarter
(SE1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 139.27 feet to the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 88° 1023"
W along said South line 12.79 feet; THENCE, leaving said South line, N 19° 42' 09" E 127.28 feet; THENCE, N 03° 06' 58" W
44.89 feet; THENCE, N 72° 28' 57" E 5.22 feet; THENCE, N 17° 25' 40" W 48.10 feet; THENCE, S 72° 32' 01" W 3.24 feet;
THENCE, N 21° 16' 59" W 28.19 feet; THENCE, N 39° 52' 34" W 25.23 feet; THENCE, S 67'01'43" W 21.24 feet; THENCE, N
22° 07' 17" W68.40 feet; THENCE, N 05° 16' 03" El 11.67 feet; THENCE, N 12° 07' 26" E 19.19 feet; THENCE, N 76° 31' 52" W
24.74 feet; THENCE, N 04° 51' 18" E 2.36 feet to a point on the shared property line of Parcels 765-02503-000 and 765-02503-
001; THENCE, S 87° 17' 42" E along said shared properly line 36.99 feet to a point which lies a bearing of N 87°17'42" Wand a
distance of 620.30 feet from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE. S 00° 26' 10" W 56.08 feet
to the beginning of a curve turning to the left, having a radius of 273.54 feet, and whose long chord bears S 09° 40' 36" E 96-05
feet; TI-IENCE, along said curve, an arc distance of 96.55 feet; THENCE, S 19° 47' 23" E 87.03 feet; THENCE, N 70° 12' 37" E
5,00 feet: THENCE, S 19° 4723" E 35.35 feet to the beginning of a curve turning to the right, having a radius of 156.50 feet, and
whose long chord bears S 14° 25' 38" E for 29.25 feet; THENCE along said curve an arc distance of 29.29 feet; THENCE, S 73°
40' 54" W 5.04 feet to the beginning of a curve turning to the right, having a radius of 151.50 feet, and whose long chord bears
S 05° 18' 14" W 73.96 feet; THENCE along said curve an arc distance of 74.71 feet; THENCE. S 19° 25' 54" W 85.01 feet to the
POINT OF BEGINNING; containing 7,577 square feet, or 0.17 acres.
(TCE 3) A variable width TEMPORARY CONSTRUCTION EASEMENT (TCE), said TCE being a part of Block One (1) of AW
Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block
1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows. A pail of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4). all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°10'23" W along the South
line of said Block One (1), 4.61 feet; THENCE, leaving said South Line, N 31°31'27" W 30.03 feet to the POINT OF BEGINNING;
THENCE from said POINT OF BEGINNING, N 85° 3026" W 52.96 feet; THENCE, S 19° 25' 54" W 34.25 feet to the South line of
said Block One (1), THENCE, S 88° 1023" Walong said South line, 15.02 feet; THENCE, leaving said South line, N 19° 25' 54"
E 74.22 feet to the beginning of a curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 68° 19'
59" E 19.59 feet: THENCE, along said curve, an arc distance of 22.19 feet to the beginning of a compound curve turning to the
right, having a radius of 36.50 feet, and whose long chord bears S 47° 43' 04" E 18.95 feet; THENCE, along said curve, an arc
distance of 19.17 feet; THENCE, S 32° 40' 12" E 12.64 feet; THENCE, 531° 31' 27" E 29.57 feet to the POINT OF BEGINNING;
Containing 2,501 square feet, or 0.06 acres.
ICE
Page 3
Together with the rights, easements, and privileges in or to said lands which maybe required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
This temporary construction and grading easement as conditioned above, shall terminate the earlier of (I) when the
hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas or (ii)
five years from the execution date of this document.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and privileges
contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original condition. To the
extent permitted by law and without waiving any available immunities, Grantee shall be responsible for any claim of liability or
loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the Grantee
or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, or workers, except to the extent such
claims or damages may be due to or caused by the negligence or willful misconduct of Grantor or its employees, contractors,
or agents.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein ex ressed.
WITNESS the execution hereof on this day of n� .2025
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY: L /
Kelly F_ filer, iiair
BY:
Ted D key ecre ary
ACKNOWLEDGMENT
STATE OF ARKANSAS
_ } SS.
COUNTY OF -PUI/
O. r )
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 Kelly Eichler and Ted Dickey, to me well known as the persons who
executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary, respectively, of
the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said Board of Trustees, 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 r�A day of —1 u T1u& , 2025.
MY COMMISSION EXPIRES:
M%G i ul n5 u1^ Notary Pub'c
SALINE COUNTY
NOTARY PUBLIC - ARKANSAS
My Commission Expires March 19, 2028
Commission No 12364589
N87' 17'42W
00 620.30'
nL16 +
L 14 M E0 N87°17'42"W
J N 531.05'
019 w
765-02503-000 0 0
WD 2012-00009739 N N
BOARD OF TRUSTEES cn z
OF THE UNIVERSITY OF PT'
ARKANSAS
Parcel Line Table
LINE /
DISTANCE
BEARING
Li
42.92'
N234'34"E
L2
26.91'
N33'48'57W
L3
12.64'
N32 -40-12W
L4
26.11'
S2'34'34"W
L5
12.79'
S88'10'23W
L6
44.89'
N3'06'58'W
L7
5.22'
N72'28'57E
LB
48.10
N17'25'40W
L9
3.24'
S72'32'01W
L10
28.19'
N21'16'59W
L11
25.23'
N39'52'34W
L12
21.24'
$67'01'43 -W
L13
19.19'
N12'07'26E
L14
24.74'
N76 -31-52W
L15
2.36'
N4'51'18'E
L16
36.99'
S87'17'42E
L17
5.00'
N7012'37E
1.18
35.35
S19'47'23E
L19
5.04'
S73'40'54W
L20
4.61'
S8810 -23W
L21
30.03'
N31 -31-27-W
L22
34.25'
S19'25'54W
L23
15.02'
S8810'23W
L24
12.64'
532'40'12E
L25
29.57'
S31'31'27E
019
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE y
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
46.10'
63.50'
41.60
N5328'10W
45.10'
C2
17.81'
13.00'
78.52
N35'00'40W
16.45'
C3
75.04'
188.67'
22.79
N8'23'24W
74.55'
C4
83.49'
236.50'
20.23
N9'40'36"W
83.05'
C5
96.55'
273.54'
20.22
S9'40'36'E
96.05'
C6
29.29'
156.50'
10.72
S1425'3B-E
29.25'
C7
74.71'
151.50'
28.26
S518'14W
73.96'
C8
22.19'
13.00'
97.80
N6819'59E
19.59'
C9
19.17'
36.50'
30.10
S47 -43.04-E
15.95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
POB
TCE-2
o TCE-1 \
0 15,813 FT2
z ( 0.36 ACRE
TCE-2
7577 FT2
0.17 ACRE
v/i!".
i O
L9 <�
r0
E 1/4 CORNER
SECTION 26
/ T17N R30W
(NORTH
NTS
L7 v O V
O I
4- U
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SE CORNER OF
BLOCK ONE (1)
POB
TCE - 1
Sain Street Extension
Part of Parcel No. 765-02503-000 & 765-02503-
001 & 765-02503-002 & 765-02503-003 & 765-
02503-004
Tract 10
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 transfer and quitclaim unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
A part of Block 1 of the Replat of the AW Realty Subdivision in the City of Fayetteville, in Washington County,
Arkansas, as depicted on a plat filed in Washington County plat book 10, page 10, being also a part of the
southeast quarter of the northeast quarter (SE/4 NE/4) and the northeast quarter of the southeast quarter, all in
Section 26, in Township 17 North, Range 30 West of the 5th Principal Meridian, being also a part of a tract
described in Washington County document 2012-00009739, and being more particularly described as follows:
Commencing at the southwest corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the
SE/4 NE/4, S87°09'40"E 181.98 feet to the Point of Beginning at the existing east line of Front Street; thence
leaving the south line, along the existing east line of Front Street, N02°41'10"E 98,41 feet to the existing south
line of Sain Street; thence leaving the existing east line of Front Street, along the existing south line of Sain
Street for the following courses: along a tangent curve to the right with a radius of 30.00 feet and arc length of
46.87 feet for a chord of N47°26'46"E 42.25 feet to the point of tangency (PT), thence S87°47'38"E 91.24 feet at
the point of curvature (PC) of a curve to the left with a radius of 1,175.51 feet; thence 406.26 feet along the
curve for a chord of N82°18'19"E 404.24 feet; thence leaving the curve and the existing south line of Sain Street
S22°34'00"E 64.94 feet to the new south line of Sain Street; thence along the new south line of Sain Street for
the following courses: S81 °45'20"W 60.33 feet to the PC of a curve to the right with a radius of 1,697.50 feet;
thence 61.89 feet along the curve for a chord of S82°48'00"W 61.89 feet; thence continuing 15.08 feet along the
1,697.50 feet radius curve to the right for a chord of S84°05'57"W 15.08 feet; thence continuing 147.97 feet
along the 1,697.50 feet radius curve to the right for a chord of S86°51'03"W 147.93 feet; thence continuing
45.94 feet along the 1,697.50 feet radius curve to the right for a chord of N89°5236"W 45.94 feet to the PT;
thence N8906'05"W 178.62 feet to the PC of a curve to the left with a radius of 38.00 feet; thence 58.30 feet
along the curve for a chord of S46°56'51"W 52.75 feet to the PT at the new east line of Front Street; thence
leaving the new south line of Sain Street, along the new east line of Front Street for the following courses:
S02°59'48"W 61.75 feet; thence S10°1839W 18.61 feet to the existing east line of Front Street; thence leaving
the new east line of Front Street, along the existing east line of Front Street N02°41'10"E 21.67 feet to the Point
of Beginning, enclosing 21,778 square feet, or 0.500 acres.
Grantor reserves a one-half interest in and to all oil, gas, and other mineral interests associated with the above -described
land.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, fcrever.
WITNESS the execution hereof on this IA day of , 2025.
REVENUE STAMPS AFFIDAVIT BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
Signed:
t
BY:
City ofFayetteville Kelly eieriier, jIair
113 W, Mountain
Fayetteville, AR 72701 BY: II
Ted Elckey, cretald
U/A-Sain Street Ext. R/W
Page 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
II r' ' ) ss.
COUNTY OF Tf fl j('t $ K f )
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 _r ____ day of ll tJ f..it c , 2025.
MY COMMISSION EXPIRES:
Notary Public (`
ANGELAHUDSON
SALINE COUNTY
NOTARY PUBLIC • ARKANSAS
My Gommisalon Expires March 19, 2028
Cornmlaeion No 12364589
BASIS OF
INGS NEW ARKANSAS STATE PLANE COORDINATE EXHIBIT "AII MAP PGE ROW - 5,33461 (0.i� ))
SYSTEM, NAD 83, NORTH ZONE. TRACT 1 O POE — 1,850'11 (0.038oc)
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LEGEND
NEW RIGHT OF WAY (ROW) CORNERS OF PROPOSED RIGHT OF WAY -------- - - EXISTING RIGHT OF WAY LINE
��_ —PERMANENT DRAINAGE EASEMENT (PDE) u — CORNERS OF PROPOSED U11UTY ESMT— - - — - - — EXISTING UTIUTY EASEMENT UNE
I- PERMANENT GRADING EASEMENT (PGE) 765-02504-000 TAX PARCEL NUMBER _ - _ _ PROPOSED RIGHT OF WAY UNE
I -TEMPORARY CONSTRUCTION ESMT. (TCE) 799-170 DEED RECORD _ - - - PROPOSED UTIL. EASEMENT
FP_ EXISTING PROPERTY UNE PROPOSED TEMP. CONST. ESMT.
C1TY Oc Project Noma: Property Owner. BOARD OF TRUSTEES OF
ye e� ille Soln Street EKtenelon aP Y No. Revldone Date
j MCE Pro)xl No. 752131 THE UNIVERSITY OF ARKANSAS
ARKANSAS Dote: SEPTEMBER 2018 Scale: 1 - 50'
Millsap and College Improvements
Parcel No 765-02503-002
Tract 19
DRAINAGE EASEMENT
BE IT KNOWN BYTHESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent easement
to construct, maintain, repair and/or replace an earthen retaining levee, drainage
pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances
thereto, on over, across, under and through the following described land situated
in the County of Washington, State of Arkansas, to -wit:
PARENT TRACT PROPERTY DESCRIPTION: (Warranty Deed: 2012-09739)
A part of Block One (1) of AW Realty Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the
Replat of AW Realty Subdivision Blocks 1 & 2 recorded in Plat Block 10 at page 10 in the records of Washington County,
Arkansas described as follows: A part of the Southeast Quarter (SE'V4) of the Northeast Quarter (NE'/<) and part of the
Northeast Quarter (NE%) of the Southeast Quarter (SE'/), all in Section 26, Township 17 North, Range 30 West in
Washington County. Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said
Northeast Quarter (NE'/) of said Southeast Quarter (SE'/) of said Section 26 as shown on the Final Plat of AW Realty
Subdivision recorded in Plat Book 10 at page 10 in the record of Washington County, Arkansas and run thence South
03°34'38" West a distance of 512.25 feet; thence North 8808'04" East a distance of 49.76 feet a found concrete monument:
thence continue North 88°08'04" East a distance of 50.00 feet to the Southwest corner of said Block One (1); thence North
14°21'58" East a distance of 40.06 feet to a found chiseled "+° in concrete for the "TRUE POINT OF BEGINNING" of this
survey boundary description; thence North 87°12'45" East a distance of 266.72 feet to a found '/2' rebar; thence South
03°53'50" West a distance of 17.16 feet to a found '/2' rebar on the South line of said Block One (1); thence North 88°05'55"
East along the South line of said Block One (1) a distance of 133.22 feet to a found 5/8" rebar; thence North 88°05'27" East
along said South line of said Block One (1) a distance of 157.85 feet to a found %]" rebar; thence continue North 88°05'27"
East along said south line of said Block One (1) a distance of 222.00 feet to a set Cotton Spindle at the Southeast Corner of
said Block One (1): thence leaving said South line North 02°33'14" East along the East line of said Block One (1) a distance
of 252.43 feet to a found 5/8" rebar; thence North 22°41'00" West along said East line of said Block One (1) a distance of
427.71 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR '1266" at the Northeast corner of said Block
One (1) and the beginning of a curve to the right having a radius of 1175.51 feet, a chord bearing of South 82°20'54" West, a
chord distance of 406.32 feet, thence along the arc of said curve and said North line of said Block One (1) a distance of
408.37 feet to a found 5/8" rebar; thence leaving said curve North 87°42'02" West along the North line of said Block One (1)
a distance of 89.03 feet to a found 5/8" rebar and to a curve to the left having a radius of 30.24 feet. a chord bearing of South
47°08'35" West, a chord distance of 42,17 feet, thence along the arc of said curve and said North line of said Block One (1)
a distance of 46.66 feet; thence leaving said curve South 02°44'55" West along the West line of said Block One (1) a
distance of 162.28 feet to a found 5/8" rebar; thence South 13°27'56" West along said West line of said Block One (1) a
distance of 403.59 feet to the point of beginning, containing 9.52 acres, more or less. Subject to building setbacks, utility
easements and private easements. LESS AND EXCEPT that portion conveyed to the City of Fayetteville for N. Hemlock
Avenue Improvements and described as follows: (ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part
of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the
5th Principal Meridian, Washington County, Arkansas and said ROW being more particularly described as follows:
Commencing at a 4" PVC Monument at the East 114 Corner of said Section 26. Thence N 87° 17' 42" W 518.38 feet to a
point on the shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N
22° 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and leaving said
shared property line, N 85° 09' 03" W 7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89° 25' 23" W 4.00 feet;
Thence S 00 26' 10" W 38.53 feet; Thence S 89° 33' 50" E 32.02 feet to a point on shared property line of Parcels 765-
02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42' 05" E 27.19 feet; Thence, leaving said
shared property line. N 89° 33' 50" W 42.70 feet, Thence S 00° 26' 10" W 11.50 feet, Thence N 89° 33' 50" W 10.00 feet;
Thence S 00° 26' 10" W 14.28 feet to a point on the shared property line of Parcels 765.02503-000 and 765-02503-001;
Thence, along said shared property line, N 87° 17' 42" W 37.03 feet: Thence, leaving said shared property line, N 00° 26' 10"
E 67.37 feet; Thence along a curve turning to the left, an arc distance of 13.57 feet, said curve having a radius of 50.00 feet,
and whose long chord bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning
to the left, an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31' 49"
W, 17.16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N 81° 47' 16" E 62.60 feet to a point
on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line and leaving
said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing 8,168 square feet, or 0.19 acres. (ROW
2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty Subdivision to the City of
Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in Plat Book
10 at page 10 in the records of Washington County. Arkansas described as follows: A part of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 114) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 114), all in Section
26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly described as follows:
BEGINNING at a chiseled X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S
88°10'23" N1 along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59.60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50 feet, and
whose long chord bears N 47°43'04" W 18.95 feet; THENCE, along said curve, an arc distance of 19.71 feet to the
beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 68°19'59" W
Drainage Easement
Page 2
19.59 feet: THENCE, along said curve, an arc distance of 22.19 feet; THENCE, S 19°25'54" W 74.22 feet to the South line of
said Block One (1), THENCE, S 88°10'23" W along said South line, 39.70 feet; THENCE, N 19°25'54" E and leaving said
South line, 85.01 feet to the beginning of a curve turning to the left, having a radius of 151.50 feet, and whose long chord
bears N 05°1814" E 73.96 feet; THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54" E 5.04
feet to the beginning of a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N
14°25'38" W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet; THENCE, N 19°47'23" W 35,35 feet,
THENCE, S 70°12'37" W 5.00 feet: THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to the right,
having a radius of 273.54 feet, and whose long chord bears N 09°40'36" W 96.05 feet; THENCE, along said curve, an arc
distance of 96.55 feet, THENCE, N 00°26'10" E 56.08 feet to a point on the shared property line of Parcels 765-02503-000
and 765-02503.001; THENCE, S 87°17'42" E along said shared property line, 37.03 feet to a point which lies a bearing of N
87°17'42" W and 583.27 feet from a 4" PVC Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said
shared property line, S 00°26'10" W 54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet,
and whose long chord bears S 09°40'36" E 83.05 feet; THENCE. along said curve, an arc distance of 83.49 feet: THENCE,
S 19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet. and whose long
chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to the beginning of a reverse
curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S 35'00'40" E 16.45 feet; THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the right, having a radius of
63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet;
THENCE, S 32°40'12" E 12.64 feet; THENCE, S 33°48'57" E 26.91 feet to the East line of said Block One (1); THENCE, S
02°34'34" W along said East line, 42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
PERMANENT EASEMENT DESCRIPTION:
(DE 1) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°3434" E along the East
line of said Block One (1), for 42.92 feet: THENCE, leaving said East line, N 33°48'57" W for 26.91 feet; THENCE, N
32°4012" W for 12.64 feet to the beginning of a curve turning to the left, having a radius of 63.50 feet, and whose long chord
bears N 53°2810" W for 45.10 feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a reverse
curve turning to the right, having a radius of 13.00 feet, and whose long chord bears N 35°0040" W for 16.45 feet; THENCE,
along said curve, an arc distance of 17.81 feet to the beginning of a reverse curve turning to the left, having a radius of
188.67 feet, and whose long chord bears N 08°2324" W for 74.55 feet, THENCE, along said curve, an arc distance of 75.04
feet; THENCE, N 19°47'23" W for 19.94 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N
19°47' 23" W for 43.16 feet; THENCE, N 71°29' 56" E 38.45 feet; THENCE, S 18°30' 04" E for 43.15 feet; THENCE, S
71°29 56" W for 37.47 feet to the POINT OF BEGINNING; containing 1,638 square feet, or 0.04 acres.
(DE 2) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26. Township 17 North, Range 30 West in Washington County. Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, N 02°34'34" E along the East
line of said Block One (1), 42.92 feet; THENCE, leaving said East line, N 33°48'57" W 26.91 feet; THENCE, N 32 4012" W
6.68 feet to the POINT OF BEGINNING; THENCE from said POINT OF BEGINNING, N 32° 40' 12" W 5.96 feet to the
beginning of a curve turning to the left, having a radius of 63.50 feet, and whose long chord bears N 53° 28' 10" W 45.10
feet; THENCE, along said curve, an arc distance of 46.10 feet to the beginning of a curve turning to the right, having a radius
of 13.00 feet, and whose long chord bears N 35° 00' 40" W 16.45 feet; THENCE, along said curve, an arc distance of 17.81
feet to the beginning of a curve turning to the left, having a radius of 188.67 feet, and whose tong chord bears N 010 55' 30"
E 7.11 feet; THENCE, along said curve, an arc distance of 7.11 feet; THENCE, N 84° 20' 17" E 48.85 feet; THENCE. S 18°
30' 04" E 46.37 feet; THENCE, S 47° 51' 15" W 19.80 feet; to the POINT OF BEGINNING; containing 1,967 square feet, or
0.05 acres.
(DE 3) A variable width DRAINAGE EASEMENT (DE), said DE being a part of Block One (1) of AW Realty Subdivision to
the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty Subdivision Block 1 & 2 recorded in
Plat Book 10 at page 10 in the records of Washington County, Arkansas described as follows: A part of the Southeast
Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4), all in Section 26, Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly
described as follows: COMMENCING at the Southeast corner of said Block One (1); THENCE, S 88°1023" W along said
South Line, 4.61 feet; THENCE, leaving said South line, N 31'31'27" W 59.60 feet; THENCE, N 32°40'12" W for 2.18 feet to
the POINT OF BEGINNING; THENCE, from said POINT OF BEGINNING, S 47° 51' 15" W 7.59 feet; THENCE, N 70° 34'
06" W 36.88 feet, THENCE, N 19° 25' 54" E 7.61 feet to the beginning of a curve turning to the right, having a radius of
13.00 feet, and whose long chord bears N 68° 19' 59" E 19.59 feet; THENCE, along said curve, an arc distance of 22.19 feet
to the beginning of a compound curve turning to the right, having a radius of 36.50 feet, and whose long chord bears S 47''
43' 04" E 18.95 feet; THENCE, along said curve, an arc distance of 19.17; THENCE, S 32° 40' 12" E 10.46 feet to the
POINT OF BEGINNING; containing 646 square feet, or 0.02 acres.
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 Grantee, its successors, and assigns, together with free ingress to and
egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
Drainage Easement
Page 3
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot
be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support
structures), or any other similar wireless communications facilities.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in
this easement.
The Grantee agrees to repair any damage to Grantor's property that results from the exercise of rights and
privileges contained herein. Grantor's property shall be restored by Grantee as close as is reasonable to the original
condition. To the extent permitted by law and without waiving any available immunities, Grantee shall be responsible for
any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or
willful misconduct of the Grantee or its contractors, consultants, subcontractors, subconsultants, rnaterialmen, suppliers.
or workers, except to the extent such claims or damages maybe due to or caused by the negligence or willful misconduct
of Grantor or its employees, contractors, or agents.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs,
legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this 1/i's day of Kk� , 2025.
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY: 7(4LI'iiL—
Kelly Eiclerdhair
BY:
Ted Di key, cretary
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF P'LL 1C(S K I
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 . c f
MY COMMISSION EXPIRES:
in' a WI ln.gnm
SALINE COUNTY
NOTARY PUBLIC - ARKANSAS
My Commission ExpIr9s March 19, 2028
Commlulon No 12364589
day of — f/J (f (" / 2025.
Notary Pu
NORTH
NITS
PT: 6+38.05
019 \765-02503-000
WD 2012-00009739
BOARD OF TRUSTEES $ PROPOSED
OF THE UNIVERSITY OF / RIGHT-OF-WAY
ARKANSAS
Parcel Line Table
LINE/
DISTANCE
BEARING
L7
42.92
N2'34'34'E
L2
26.91'
N33'48'57W
L3
12.64'
N32'4012W
L4
19.97'
N19'47'23W
L5
43.16'
N1947'23W
L6
38.45'
N712956E
L7
43.15'
S18'3004E
LB
37.47'
5712956W
L9
6.68
N3240'12W
L10
5.96'
N32'40'12W
L11
46.85'
N842017E
L12
46.37'
S18'3004E
L13
19.80
547'51'15W
L14
4.61'
SBB'10'23"W
L15
59.60'
N3131'27 -W
L16
2.20'
N31 -59-54-W
L17
7.59
S4751 '15W
L1B
36.88'
N7034'06W
L19
7.61'
N1925'54E
L20
10.46'
S32'40'12E
O1�
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE f
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
46.10'
63.50
41.60
N5328'10W
45.10'
C2
17.81'
13.00'
76.19
N35'00'40'W
16.45'
C3
75.04'
188.67'
22.95
NB23'24'W
74.55'
C4
7.11'
188.67'
2.32
N1'55'30'E
7.11'
C5
22.19
13.00'
97.80
N68'19'59'E
19.59'
C6
19.17'
36.50'
30.10
S4743'04 -E
18.95'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
ri
1,638 FT2
o �6 0.04 ACRE
k
� r
DE - 3
646 FT2
0.02 ACRE
O
J
rw
0
�8
IPOB
DE -1
o
DE -2
1,967 FT2
0.05 ACRE
L11
U
POB
L9 DE -2
J \YO L16
L17
POB
�� r
DE -3
' J
L14-�
POC
SE CORNER OF
BLOCK ONE (1)
Millszir, and College rnrorovernents
(Par! of) Parcel No. 765.02 503-000, 765-02503-001, & 765-02503-002
Tract 19
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas,
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 transfer and quitclaim unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, the following described land situated in the
County of Washington, State of Arkansas, to -wit:
(ROW 1) A variable width RIGHT OF WAY (ROW), said ROW being a part of the Southeast Quarter (SE1/4) of
the Northeast Quarter (NE1/4) of Section 26,Township 17 North, Range 30 West of the 5th Principal Meridian,
Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a 4"
PVC Monument at the East 114 Corner of said Section 26; Thence N 87° 17' 42" W 518.38 feet to a point on the
shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, N
22° 42' 44" W 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING and
leaving said shared property line, N 85° 09' 03" W 7.55 feet; Thence S 01° 01' 35" W 9.78 feet; Thence N 89°
25' 23" W 4.00 feet; Thence S 000 26' 10" W 38.53 feet; Thence S 89° 33' 50" E 32.02 feet to a point on shared
property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property line, S 22° 42'
05" E 27.19 feet; Thence, leaving said shared property line, N 89° 33' 50" W 42.70 feet; Thence 50002610W
26' 10" W
11.50 feet; Thence N 89° 33' 50" W 10.00 feet; Thence S 00° 26' 10" W 14.28 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; Thence, along said shared property line, N 87° 17'
42" W 37.03 feet; Thence, leaving said shared property line, N 00° 26' 10" E 67.37 feet; Thence along a curve
turning to the left, an arc distance of 13 57 feet, said curve having a radius of 50.00 feet, and whose long chord
bears N 07° 20' 32" W 13.53 feet; Thence N 15° 07' 12" W, 41.51 feet; Thence along a curve turning to the left,
an arc distance of 17.56 feet, said curve having a radius of 23.50 feet, and whose long chord bears N 36° 31'
49" W, 17 16 feet, to the southern ROW line of Sain Street; Thence, along said ROW line, N 81° 47' 16" E 62 60
feet to a point on the property lines of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared
property line and leaving said ROW line, S 22° 42' 05" E 50.96 feet to the POINT OF BEGINNING; containing
8,168 square feet, or 0.19 acres.
(ROW 2) A variable width RIGHT OF WAY (ROW), said ROW being a part of Block One (1) of AW Realty
Subdivision to the City of Fayetteville, Arkansas, as shown on the Final Plat of the Replat of AW Realty
Subdivision Block 1 & 2 recorded in Plat Book 10 at page 10 in the records of Washington County, Arkansas
described as follows: A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and part of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), all in Section 26, Township 17 North, Range 30
West in Washington County, Arkansas, being more particularly described as follows: BEGINNING at a chiseled
X at the Southeast corner of said Block One (1); THENCE, from said POINT OF BEGINNING, S 88°10'23" W
along the south line of said Block One (1) 4.61 feet; THENCE, leaving said south line, N 31°31'27" W 59 60
feet; THENCE, N 32°40'12" W 12.64 feet to the beginning of a curve turning to the left, having a radius of 36.50
feet, and whose long chord bears N 47°43'04" W 18.95 feet, THENCE, along said curve, an arc distance of
19.71 feet to the beginning of a compound curve turning to the left, having a radius of 13.00 feet, and whose
long chord bears S 68°19'59" W 19.59 feet, THENCE, along said curve, an arc distance of 22.19 feet; THENCE,
S 19'25'54" W 74.22 feet to the South line of said Block One (1); THENCE, S 88°1023" W along said South
line, 39.70 feet; THENCE, N 19°25'54" E and leaving said South line, 85.01 feet to the beginning of a curve
turning to the left, having a radius of 151.50 feet, and whose long chord bears N 05°18'14" E 73.96 feet;
THENCE, along said curve, an arc distance of 74.71 feet; THENCE, N 73°40'54" E 5.04 feet to the beginning of
a non -tangent curve turning to the left, having a radius of 156.50 feet, and whose long chord bears N 14°25'38"
W 29.25 feet; THENCE, along said curve, an arc distance of 29.29 feet, THENCE, N 19°47'23" W 35.35 feet;
THENCE, S 70°12'37" W 5.00 feet; THENCE, N 19°47'23" W 87.03 feet to the beginning of a curve turning to
the right, having a radius of 273.54 feet, and whose long chord bears N 09°40'36" W 96.05 feet; THENCE,
along said curve, an arc distance of 96.55 feet; THENCE, N 00°26'10" E 56.08 feet to a point on the shared
property line of Parcels 765-02503-000 and 765-02503-001; THENCE, S 87°17'42" E along said shared
property line, 37.03 feet to a point which lies a bearing of N 87°17'42" W and 583.27 feet from a 4" PVC
Monument at the East 1/4 Corner of said Section 26; THENCE, leaving said shared property line, S 00°26'10" W
54.62 feet to the beginning of a curve turning to the left, having a radius of 236.50 feet, and whose long chord
bears S 09°40'36" E 83.05 feet; THENCE, along said curve, an arc distance of 83.49 feet; THENCE, S
19°47'23" E 122.38 feet to the beginning of a curve turning to the right, having a radius of 188.67 feet, and
whose long chord bears S 08°23'24" E 74.55 feet; THENCE, along said curve, an arc distance of 75.04 feet to
the beginning of a reverse curve turning to the left, having a radius of 13.00 feet, and whose long chord bears S
35°00'40" E 16.45 feet; THENCE, along said curve, an arc distance of 17.81 feet to the beginning of a reverse
curve turning to the right, having a radius of 63.50 feet, and whose long chord bears S 53°28'10" E 45.10 feet;
THENCE, along said curve, an arc distance of 46.10 feet; THENCE, S 32°40'12" E 12.64 feet; THENCE, S
33°48'57" E 26.91 feet to the East line of said Block One (1); THENCE. S 02°34'34" W along said East line,
42.92 feet to the POINT OF BEGINNING; containing 19,697 square feet, or 0.45 acres.
U/A QCD-Millsap and College Improvements
Page 2
Grantor reserves a one-half interest in and to all oil, gas, and other mineral interests associated with the above -described
land.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever, subject to a right of reversion in the Grantor that Grantor may elect to exercise
if the Grantee, within five years of the execution date below, fails to substantially complete road improvements involving
the above described property that include the connection of Sain Street to Millsap Road via an extension of Hemlock
Avenue in Fayetteville, Arkansas.
WITNESS the execution hereof on this '21 day of h , 2025.
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
Signed:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
STATE OF ARKANSAS k /'
COUNTY OF ?G IC' S
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
BY:
Kell ichler, hair
BY:
Ted Dickey, &'ecret y
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 Kelly Eichler and Ted Dickey, to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the Chair and Secretary,
respectively, of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf of said Board of Trustees, 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 t day of J /?tC. 1c , 2025.
MY COMMISSION EXPIRES'
Notary Publi
ANGELA HUDSON
SALINE COUNTY
NOTARY PUBLIC - ARKANSAS
N1V Convnla� CaA1�e! March 19, 2028
t`N@.14364699
SP STREET
N
aD
N. HEMLOCK rL - RAN
N81 °
47'16"E 62.
NORTH
Vd
1, + L1 POB NTS
ROW N, L2
8,168 FTz i
0.19 ACRE LL3
765-02503-001
WD 2012-00009739
BOARD OF TRUSTEES OF THE w I n0
UNIVERSITY OF ARKANSAS o 7c � ��
o L7 E 1/4 CORNER
o. L9 SECTION 26
+ L10 T17N R30W
L11I�
N87°17'42"W 518.38'
019
765-02503-000
WD 2012-00009739 0
BOARD OF TRUSTEES OF THE +
UNIVERSITY OF ARKANSAS t°
Curve Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
13.57
50.00'
15.56
N7'20'32"W
13.53'
C2
17.56'
23.50'
42.82
N36 -31-49W
17.16'
Parcel Line Table
LINE #
DISTANCE
BEARING
L1
7.55'
N85'09'03"W
L2
9.78'
S1'01'35"W
L3
4.00'
N89'25'23W
L4
38.53'
SO'26'10"W
L5
32.02'
S89'33'50E
L6
27.19'
S22'42'05"E
L7
42.70'
N89'33'50W
LB
11.50'
SO'26'10"W
L9
10.00'
N89'33'50W
L10
14.28'
S0'26'10"W
L11
37.03'
N87'17'42W
L12
41.51'
N15'07'12W
L13
50.96'
S22'42'05"E
Exhibit
Tract No.: 019
Parcel No.: 765-02503-001
Parcel Owner: BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
\ E 1/4 CORNER
o SECTION 26
- _ + L7 N87°17'42"W 583.2T T17N R30W
0 1 �
io l o
O I t N
z ja
PT: 6+38.051 1 NORTH
L. .
1 NTS
t. It o
019 tco \
765-02503-000 ?,3
1
WD 2012-00009739
BOARD OF TRUSTEES t ROW
OF THE UNIVERSITY OF !!_H
19,697 FT2
ARKANSAS , 0.45 ACRE
Parcel Line Table
LINE/
DISTANCE
BEARING
L1
4.61
S88'10'23W
L2
12.64
N32'4012W
L3
39.70'
5881023W
L4
5.04'
N734054E
L5
35.35'
N19'47'23W
L6
5.00'
S70'1237W
L7
37.03'
587'17'42E
LB
12.64'
S32'40'12E
L9
26.91'
S3348'57"E
01
765-02503-002
WD 2012-00009739
BOARD OF TRUSTEES
OF THE UNIVERSITY OF
ARKANSAS
Curve Table
CURVE /
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
Cl
19.17'
36.50'
30.10
N474304W
16.95'
C2
22.19'
13.00'
97.80
568'19'59W
19.59'
C3
74.71'
151.50'
28.26
N5'18'14E
73.96'
C4
29.29'
156.50'
10.72
N14'25'38W
29.25'
C5
96.55'
273.54'
20.22
N9'40'36"W
96.05'
C6
83.49'
236.50'
20.23
S9'40'36'E
83.05'
C7
75.04'
188.67'
22.79
SB'23'24'E
74.55'
CB
17.81'
13.00'
78.52
S35'00'40E
16.45'
C9
46.10'
63.50'
41.60
S53 -28-10E
45.10'
Exhibit
Tract No.: 019
Parcel No.: 765-02503-000 &
765-02503-002
Parcel Owner: BOARD OF TRUSTEES li
OF THE UNIVERSITY OF
ARKANSAS
o__'.
Nw O ! c
m ! c
ow !� .!
L6J\ !
XZ12 `
P�. ti 1 O 1
L4-.. 1 2 v I
1
1 )
` C1�
�� c9
6
°'
Ap LA. 1 �
L3 L1
FOB
o SE CORNER OF
BLOCK ONE (1)