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HomeMy WebLinkAbout70-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 70-22 File Number: 2022-0195 B-UNLIMITED, INC. LAND SALE AGREEMENT: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH B-UNLIMITED, INC. FOR THE SALE OF APPROXIMATELY 17.46 ACRES FOR $278,280.00 WITH A CONDITIONAL OPTION TO PURCHASE AN ADDITIONAL 12.6 ACRES WITHIN 12 MONTHS OF CLOSING WHEREAS, on February 15, 2022 the City Council passed Resolution 51-22 expressing its intent to sell City owned property in the Commerce District to B-Unlimited, Inc.; and WHEREAS, the land sale agreement provides for the sale of approximately 17.46 acres to B-Unlimited, Inc. for the amount of $278,280.00; and WHEREAS, a Conditional Option is outlined in section two of the agreement for a 12.6-acre option site (a portion of Parcel # 765-16578-001) for $18,000 an acre that must be exercised within 12 months of the transfer of title for the development site and which will require a separate land sale agreement to be approved by the City Council; and WHEREAS, the property is not needed for municipal purposes and the current zoning is appropriate for B-Unlimited, Inc.'s planned use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land Sale Agreement attached to this Resolution with B-Unlimited, Inc. to convey 17.46 acres of City property to B-Unlimited, Inc. for the amount of two hundred seventy eight thousand two hundred eighty dollars Page 1 Printed on 3116122 Resolution: 70-22 File Number.' 2022-0195 ($278,280.00) with the conditional option to purchase an additional 12.6 acres within 12 months of closing at a price of $18,000.00 per acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance. PASSED and APPROVED on 3/15/2022 Attest: Kara Paxton, City Clerk Treasurer �I f ITI l 11v,*�`, Page 2 Printed on 3116122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0195 Agenda Date: 3/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 B-UNLIMITED, INC. LAND SALE AGREEMENT: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH B-UNLIMITED, INC. FOR THE SALE OF APPROXIMATELY 17.46 ACRES FOR $278,280.00 WITH A CONDITIONAL OPTION TO PURCHASE AN ADDITIONAL 12.6 ACRES WITHIN 12 MONTHS OF CLOSING WHEREAS, on February 15, 2022 the City Council passed Resolution 51-22 expressing its intent to sell City owned property in the Commerce District to B-Unlimited, Inc.; and WHEREAS, the land sale agreement provides for the sale of approximately 17.46 acres to B-Unlimited, Inc. for the amount of $278,280.00; and WHEREAS, a Conditional Option is outlined in section two of the agreement for a 12.6-acre option site (a portion of Parcel # 765-16578-001) for $18,000 an acre that must be exercised within 12 months of the transfer of title for the development site and which will require a separate land sale agreement to be approved by the City Council; and WHEREAS, the property is not needed for municipal purposes and the current zoning is appropriate for B-Unlimited, Inc.'s planned use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land Sale Agreement attached to this Resolution with B-Unlimited, Inc. to convey 17.46 acres of City property to B-Unlimited, Inc. for the amount of two hundred seventy eight thousand two hundred eighty dollars ($278,280.00) with the conditional option to purchase an additional 12.6 acres within 12 months of closing at a price of $18,000.00 per acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance. City of Fayetteville, Arkansas Page 1 Printed on 311612022 Devin Howland Submitted By City of Fayetteville Staff Review Form 2022-0195 Legistar File ID 3/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/24/2022 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: Staff is recommending approval of a resolution authorizing Mayor Jordan to sign a Land Sale Agreement with B- Unlimited, Inc. for 17.46 acres (Parcel # 765-15312-001) of City -owned commerce district land for $278,280 with a conditional option to purchase approximately 12.6 acres of Parcel # 765-16578-001 for $18,000 an acre within twelve months of closing on Parcel # 765-15312-001. 1010.001.0001-4881.02 Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General Fixed Asset Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget V20210527 Previous Ordinance or Resolution # 51-22 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Devin Howland, Director of Economic Vitality for the City of Fayetteville DATE: February 23, 2022 SUBJECT: A Resolution authorizing Mayor Jordan to sign a Land Sale Agreement with B-Unlimited, Inc. to sell 17.46 acres (Parcel # 765-15312-001) of City -owned land in the commerce district for $278,280 as well as a Conditional Option to purchase an additional 12.6 acres (Parcel # 765-16578-001) within 12-months of closing. RECOMMENDATION: Staff is recommending approval of a resolution authorizing Mayor Jordan to sign a Land Sale Agreement with B-Unlimited, Inc. for 17.46 acres (Parcel # 765-15312-001) of City -owned commerce district land for $278,280 with a conditional option to purchase approximately 12.6 acres of Parcel # 765-16578-001 for $18,000 an acre within twelve months of closing on Parcel # 765-15312-001. BACKGROUND: On February 15, 2022 the Fayetteville City Council passed Resolution 51-22 with a vote of 7-0, expressing its intent to sell City -owned commerce district land to B-Unlimited, Inc. Since the passage of the Resolution of Intent, staff has worked closely with B-Unlimited, Inc. and the City Attorney's Office to develop the attached Land Sale Agreement. Staff has also provided the tree preservation report for Parcel 765-15312-001, per Council Member Turk's request. BACKGROUND OF B-UNLIMITED: A beloved local business, B-Unlimited was founded in 1994 as a screen -printing company right here in Fayetteville. Acquired by Ben Clark in 2006, the company has experienced significant growth over the past decade- launching a fully water -based print shop in 2013. Since this time the company has grown from one Sorority client here in Fayetteville to serving 250 college campuses across the nation today. In 2020, B-Unlimited merged JCG Apparel and expanded to six retail locations throughout the SEC (South Eastern Conference). From 2016-2019 B-Unlimited was named to the "Inc. 5000" list of the fastest growing private companies in the United States, and their growth continues to this day. Currently, B-Unlimited employs over 250 team members, with nearly 180 jobs located in the City of Fayetteville (30 of which are full time artists, making them one of the largest private employers of full-time artists in the City). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The Land Sale Agreement attached to this packet includes a purchase price for the 17.46-acre development site (Parcel # 765-15312-001) of $278,280. A Conditional Option is outlined in section two of the agreement for a 12.6-acre option site (a portion of Parcel # 765-16578-001) for $18,000 an acre that must be exercised within 12 months of the transfer of title for the development site. Described in a following section of the memo, a range of terms and conditions have been added following requests from City Council Members and other comments discussed at the February 15'h City Council meeting. Economic Vitality Benefits and Metrics: The project is the retention, expansion, and relocation of B-Unlimited's national headquarters. B-Unlimited has called the City of Fayetteville home since it was formed in 1994. As the company continues to grow, this site provides them with the surety that as their needs continue to expand- they have room to do so within the City. • Employment: Retention of 180 jobs at an average of $20 per hour (annual payroll of nearly $7.5M). Creation of 50 jobs within the next three years that would bring annual payroll to a little more than $9.5M; • Capital Investment: Phase 1 investment of the new HQ of $5.5M; • Retaining the headquarters of a significant employer within the creative economy who has consistently been named one of the fastest growing companies in the United States. Land Sale Agreement Conditions: Described fully within the Land Sale Agreement attached to this memo, the following section provides a brief overview of many of the conditions outlined in the Land Sale Agreement. • Closing: Closing shall take place within 45 days of this agreement being signed by both parties; • Site survey and pond survey: B-Unlimited will provide a survey of the development site prior to closing on this Agreement, the survey will also include a legal description of the conservation area of the pond; • Agreement to utilize the northwest corner of the development site as their primary tree preservation area: Discussed further in a following section on this staff memo, after a site visit with Urban Forestry, B-Unlimited has agreed to utilize this portion of their property as their first priority tree preservation area during the development process (as depicted in Exhibit C of the Land Sale Agreement); • Agreement to dedicate all necessary right-of-way, temporary construction easements, etc. for the Industrial Drive extension project within thirty days of closing (the City has already designed the street extension and will assist Buyer's surveyor with the legal descriptions); • Execution of a conservation easement on the pond within 30 days of closing on the development site (this may also provide Buyer with an opportunity for additional tree preservation); • Buyer shall pay compensation to the City of Fayetteville if the Development Site is sold within ten years, given the discount of $2,000 per usable acre; Conditional Option to Purchase Additional Property Section 2 of the Land Sale Agreement outlines the conditions for the option to purchase an additional 12.6 acres (a portion of Parcel # 765-16578-001) of City -owned land in the commerce district. The agreement states that the firm price shall be $18,000 per acre and the option to purchase must be exercised within twelve months after transfer of title. If B-Unlimited exercises its option, the sale of the option site shall be subject to a separate Land Sale Agreement that must be approved by the Fayetteville City Council. This separate Land Sale Agreement must be agreed upon by the City and the purchaser and will include terms and conditions different from those contained to the Development Site Land Sale Agreement. Examples of these conditions include but are not limited to: an access easement to the City's 13.1-acre Tree Preservation Area depicted as Lot 14B in Exhibit B; minimum square footage guarantees; and restrictive covenants. Staff's inclusion of this language is to enable the City and the purchaser to work together to ensure a high economic benefit to the community from the potential sale. This will also provide the City Council with relevant economic and project data that can be utilized should B-Unlimited exercise its option to purchase and staff brings a Land Sale Agreement to the City Council for consideration in the future. Additional Information and Items Urban Forestry Report for the Development Site: Urban Forestry has provided a detailed report for the development site, a copy of which has been attached to this memo. The Urban Forester's discovery of several significant trees in the northwest portion of the property led to a site visit with the purchaser's representative. B-Unlimited has agreed to work with Urban Forestry to make this their priority tree preservation area during Large Scale Development. This has been memorialized in section 7, Deeds and Other Documents, of the Land Sale Agreement. Market Analysis and Appraisal: An assessment of properties with road frontage in the commerce district for the purposes of determining market value was completed by City staff following a request from Council Member Scroggin. Public Works previously ordered an appraisal for a private parcel that abuts the western border of the development site, for the purposes of right-of-way acquisition. Staff will provide this information to the City Council when the appraisal becomes available. • Development Regulations: B-Unlimited will be subject to all of the City's usual development regulations during the planning and construction of its new headquarters. BUDGET/STAFF IMPACT: $278,280 in revenue to the City fund that owns parcel 765-15312-001 and $226,800 in revenue to the City fund that owns parcel 765-16578-001. Attachments: Land Sale Agreement and Exhibits Public Notification documentation Resolution 51-22 Site Location Map Urban Forestry Report for Parcel # 765-15312-001 (Development Site) Urban Forestry Report for Parcel # 765-16578-001 (Option Site) Estimated Market Value Analysis Letter of support from the Fayetteville Chamber of Commerce 4 DocuSign Envelope ID: 52AA8CO3-1 E7E-4896-9DE7-058B575F574D LAND SALE AGREEMENT THIS LAND SALE AGREEMENT ("Agreement") is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "Fayetteville") and B-Unlimited, Inc., a corporation organized pursuant to the laws of the State of Arkansas ("Purchaser"). For valuable consideration, the receipt and adequacy of which are hereby acknowledged, Fayetteville and Purchaser agree as follows: TERMS AND CONDITIONS Sale Subject to the terms and conditions of this Agreement, Fayetteville agrees to sell and Purchaser agrees to purchase certain real property designated as Parcel # 765-15312-001 in the Washington County land records located in the Fayetteville Commerce District consisting of approximately 17.46 acres as generally shown on the map attached as Exhibit A and as shall be more particularly described in a survey obtained and approved by Purchaser prior to closing (the "Development Site"). In exchange for the Purchase Price of $278,280.00 to be paid at the closing, Fayetteville shall execute and deliver a general warranty deed to Purchaser which shall convey the Development Site to Purchaser subject to existing easements and rights of way of record. 2. Conditional Option to Purchase Additional Property Purchaser shall have a conditional option to purchase land owned by Fayetteville immediately north of the Development Site totaling approximately 12.6 acres (a portion of the land designated as Parcel # 765-16578-001 in the Washington County real estate records) as generally shown on Exhibit A (the "Option Site") and as shall be more particularly described in a survey obtained by Purchaser and approved by Fayetteville prior to closing on the Option Site. The sale of the Option Site shall be for the firm price of $18,000.00 per acre. The option to purchase the Option Site shall be set forth in a separate land sale agreement to be agreed upon by Fayetteville and Purchaser prior to closing and may include terms and conditions different from those contained in this Agreement including, but not limited to: an access easement to the Tree Preservation Area depicted as Lot 14B in Exhibit B; minimum square footage guarantees; restrictive covenants, and compensation to Fayetteville in the event the property is not retained for a certain period of time. The land sale agreement for the Option Site must be approved by the Fayetteville City Council. The option to purchase shall expire twelve (12) months after the transfer of title to the Development Site from Fayetteville to Purchaser. Purchaser shall indicate its intent to exercise the option by submitting a written notice to Fayetteville prior to the expiration of the option, at which point the parties shall begin negotiating the land sale agreement for the Option Site with such terms and conditions as the parties may agree. Fayetteville will not sell the Option Site to a third party until the option has expired, as provided herein. If Purchaser exercises its option to purchase the Option Site, it will be responsible for applying for and obtaining approval of the lot split. DocuSign Envelope ID: 52AA8CO3-1 E7E-4896-9DE7-058B575F574D 3. Purchase Price In consideration of the sale of the Development Site, Purchaser shall pay to Fayetteville at closing the gross purchase price of TWO HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED EIGHTY DOLLARS ($278,280.00) (the "Purchase Price"). 4. Closing Date and Place Closing shall occur within forty-five (45) days following the date this Agreement has been executed by both parties unless extended by mutual agreement of the parties in writing. The Closing shall occur at the offices of the title insurance company selected to issue the title insurance required by this Agreement. The obligation of Purchaser to close pursuant to this Agreement shall be subject to the completion and/or fulfillment of the following conditions precedent to the satisfaction of Purchaser in its discretion: (a) the survey and legal description of the Development Siteand all easements required by this Agreement; (b) the terms and conditions of all easements required by this Agreement; (c) the title insurance and all instruments identified in the title insurance including all liens, restrictions, easements, rights of way, and other encumbrances affecting the Development Site; (d) environmental assessments as referenced in this Agreement; (e) the form of the general warranty deed referenced in this Agreement; (f) any other conditions expressly referenced in this Agreement; (g) financing upon reasonable terms and conditions; and (h) all closing documents required by the title insurance company or otherwise. If Purchaser is dissatisfied with, not agreeable to, or is otherwise not provided by Fayetteville with one (1) or more of the items in this Section, Purchaser may terminate this Agreement upon providing written notice of termination. 5. Date of Possession Possession of the Development Site shall be delivered to Purchaser on the Closing date free of any tenancies or other third party possessory rights. 6. Title Insurance Fayetteville shall order a title commitment on the Development Site, as soon as practicable following the full execution of this Agreement, through a title insurance company selected by Fayetteville and acceptable to Purchaser. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), Fayetteville shall have thirty (30) days from the date of Purchaser's notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, Purchaser may terminate this Agreement or may, at its election, take title subject to any such defects. The cost of the title insurance commitment and the cost of the owner's title insurance policy shall be borne by Fayetteville and Purchaser equally. The cost of any lender's title insurance policy and extended owner's title insurance coverage shall be borne by Purchaser. The title insurance policy shall be subject to the approval of Purchaser in its discretion. All easements, rights of way, and other encumbrances shall be subject to the approval of Purchaser in its discretion. DocuSign Envelope ID: 52AA8CO3-1 E7E-4896-9DE7-058B575F574D 7. Deed and Other Documents Prior to the closing of this Agreement, Purchaser shall obtain a survey at its sole cost containing a legal description of the Development Site. The survey shall also contain a legal description of the Conservation Area covering the pond in the southeast portion of the Development Site. On the Closing date, Fayetteville shall convey marketable and insurable title to the Development Site by general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement and approved by Purchaser, subject only to current real estate taxes, if any (to be apportioned between the parties) and existing easements approved by Purchaser. Purchaser and Fayetteville shall equally share the cost a reasonable closing fee imposed by the closing agent employed by parties. The expense of revenue stamps shall be equally divided between the parties. All recordings fees for the deed and other documents that need to be filed shall be equally divided between the parties. All other closing costs shall be equally divided between the parties. Purchaser agrees to utilize the forested area in the northwest portion of the Development Site (the portion shown in red in Exhibit C) as its primary tree preservation area and shall coordinate with Fayetteville's Urban Forester during the development process to identify priority trees to be preserved and invasive species that may be removed by Purchaser. Purchaser agrees, if the City has not already platted right of way and easements for the Industrial Drive extension prior to conveying the Development Site, to dedicate right of way and any necessary easements including, but not limited to, temporary construction, grading, and drainage easements, for the section of the Industrial Drive extension traversing the Development Site at no cost as shown and described in Exhibits D-1 and D-2, acknowledging that Fayetteville is utilizing its own property for a portion of the right of way and is also paying the full cost of constructing the street to provide access to the Development Site. Dedication of the right of way shall occur within thirty (30) days of closing. Fayetteville agrees to work with Purchaser's surveyor or engineer to ensure the accuracy of the required dedications. Purchaser agrees to execute a conservation easement for the Conservation Area within thirty (30) days of closing. The easement shall be conveyed to the City or another entity acceptable to the City that has experience with land conservation. The City shall approve of the form and content of the conservation easement prior to its execution and recordation. High priority trees within the Conservation Area may also be used by Purchaser toward its tree preservation requirement during development. date. 8. Risk of Loss Risk of loss as to the Development Site shall remain with Fayetteville until the Closing 9. Purchaser's Due Diligence Purchaser may enter upon the Development Site to conduct any surveying, testing or inspection it deems necessary to ensure the Development Site will be appropriate for the construction and use for its facility. If Purchaser discovers any problems that would adversely DocuSign Envelope ID: 52AA8CO3-1 E7E-4896-9DE7-058B575F574D impact its development and use of the Development Site for its facility, Purchaser shall notify Fayetteville which is granted sixty (60) days to remediate any problem. Fayetteville may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by Purchaser. Likewise, if Fayetteville does not remediate the problem to the satisfaction of Purchaser within the time allowed by this Agreement, Purchaser may terminate this Agreement without penalty or proceed under this Agreement to accept the property without resolution of the problem. 10. Compensation to Fayetteville if Development Site is Sold Within 10 Years Purchaser is aware that the Development Site is being sold by Fayetteville at a discount of approximately $2,000.00 per acre below its normal selling price. If any portion of the Development Site conveyed by this Agreement is sold by Purchaser within the first five (5) years of the date of closing, an independent appraisal of the value of the Development Site shall be performed to segregate the actual sales price between that allocable to the raw land as acquired by Purchaser, and that allocable to the improvements subsequently added by Purchaser. Purchaser shall pay 75% of the increase in appraised value of the raw land of the Development Site (with prorated sales cost deducted) to Fayetteville. Purchaser shall pay Fayetteville 40% of the increase in appraised value of the land (with prorated sales costs deducted) for any sales after five (5) years until ten (10) years from the closing date. 11. Notices Notices required by this Agreement shall be in writing and shall be delivered to: B-Unlimited, Inc. ATTN: Ben Clark 2291 S. School Avenue Fayetteville, Arkansas 72701 City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 72701-6083 12. Authority Each of the parties represent and warrant that they are authorized to enter into this Agreement and that execution hereof will bind the entities to this Agreement. 13. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. DocuSign Envelope ID: 52AA8CO3-1 E7E-4896-9DE7-058B575F574D 14. Facsimile For purposes of executing this Agreement, a facsimile signature shall be as effective as an actual signature. 15. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas. 16. Survival The representations, warranties, and agreements of the parties contained herein shall survive the closing date. 17. No Waivers The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be • deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 18. Time of Essence Time is of the essence in this Agreement. 19. Invalidity If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 20. Complete Agreement All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Purchaser at closing. 21. Environmental Assessment Purchaser may perform such tests and studies as Purchaser may deem necessary or appropriate to determine the environmental condition of the Development Site, such tests and studies to include, without limitation, so-called "Phase I" environmental site assessments and such additional testing, including so-called "Phase II" environmental site assessments, as determined by Purchaser to be necessary in Purchaser's discretion. As a condition of closing pursuant to this Agreement, all tests, studies, assessments, audits and reports shall confirm the absence of any and all forms of environmental surface, subsurface, groundwater and/or other contamination and shall in all other respects acceptable to Purchaser. Fayetteville hereby represents and warrants to DocuSign Envelope ID: 52AA8CO3-lE7E-4896-9DE7-058B575F574D Purchaser that, to the best of its knowledge, the Development Site is not contaminated with any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and that the Development Site has never been used for a landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for any other industrial use. 2/24/2022 Date: B-UNLIMITED, INC. 0v . Vg nod by: By: EI P56Z8F755D•IHC Ben Clark WITNESS: an pacy8lpn•d by: 6, -Lrw. [,Lard eanies41UC44ca •. Cameron Clark, Agent Date: 15- -'Z2 CITY OU(FAYETTEVILLE, A'I"Tlj�$'i" R K Kara Paxton, City Cl rk-freMlre :FYI rTc V,rC� • 'r*sy ��Naov ,`',�� i , I t 1 � c FF �..� _� j • ,"i. *r, } + too �r 0 100 200 400 F Development Site Option Site 0 General Utility Easement O Proposed Industrial Access Easement 0 Future Industrial Drive Extension �LM The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold Exhibit A the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Folder: G:\GIS2\Projects\2022\Commerce District Land Sale Negotiation\ 1/24/2022 1 EXHIBIT B ggpp � r� J i ` fy _ r a a w �' p � 7• � Pr��r��P .F 1 ;Fai - -° 41If 1, r� �� �[v E���� yt P i y s0i•:47d•w f3Ti�i'�73II-00'•pyE,� �- � -- ••~••• p afi 1 1 = 1 v =4 it Fr ,g fVa8 r ;� •voa IRS p$IR1�'; Oy• �:o° Y i • 55 �� it �ig� xP 1� a 3 lit - HOW p ja i lf�igi•aipP fill,& 4 #g�a¢Pg' gg�a ir[ a1TF�'+� o �. 'I� .. • • � � 1 i Y �' �ri gy�3 � [�� i IIC� a• 3 °� a HIP; 11 i i i ����R E APR 6 v T. crnENGINEERING DIVISION i LoroTP4lr sg ~p RY�A"RKLANSAS V I I3 - YpIJNTwIH ST. 'd FAYETTEVILLE INDUSTRIAL PARK WEST He Number : 201400020453 Page 1 of 1 Exhibit C RED= Primary Tree Preservation Area of the Development Site. ST. PA UL M oUo RTW USE TRAIL --7 �� --- / A, c� o O 3c,6 EXISTING ESMT's NEAR NORTH END: \ / OF �00�6 0 100 200 25'UTIL ESMT, PLAT 10-17 35' GAS ESMT, PLAT 10-17 SCALE 1" = 200' 50' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 l� Q 30' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 / WD 2020-00045794 DUKE REAL / PROPERTIES, LLC / NOTE TCE NOT ACQUIRED ACROSS CITY TRACT Tract 03 / 765-16577-000 / WD 1433-742 / CITY of FAYETTEVILLE (LOT 13) / 1 EXISTING ESMT's ALONG EAST/WEST LINE: 25' UTILITY ESMT, PLAT 2004-00012961 25' UTILITY & CATV ESMT, 1079-154 DRAINAGE ESMT#1 (D.E.#1) POB SEE DESCRIPTION FOR DIMENSIONS S.W. Cor Lod 3 R.O.W. POB SEE DESCRIPTION FOR DIMENSIONS L — 30' ACCESS & UTIL ESMT- 0 / �PLAT 2020-00046356 .44/ / f Tract 03 765-16578-001 l WD 2015-00035597 ti CITY of FAYETTEVILLE (LOT14A2, being part of LOT14) �U� �00� 3 � OF o020 o?� �1�O Q�P / EXISTING ESMT's NEAR SOUTH END: 25' UTIL ESMT, PLAT 10-17 / 35' GAS ESMT, PLAT 10-17 / 30' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 L —TCE—------.# — — TCE/ DRAINAGE ESMT #2 (D.E.#2) POB — — — — — 7 SEE DESCRIPTION FOR DIMENSIONS Tract 03 1 35' ARK. WESTERN GAS ESMT / / WD 1422-307 1091-170 / / CITY of FAYETTEVILLE (part of SE/4 Sec.27) LEGEND PROPOSED RIGHT-OF-WAY (R.O.W.) - - EXISTING PROPERTY LINE PROPOSED DRAINAGE EASEMENT (D.E.) L------_--J E- E� PROPOSED TEMPORARY CONSTRUCTION EASEMENT (TCE) BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) PROD. MANAGER'. Y. p T DA E ocsION EXHIBIT I B I I D-1 INDUSTRIAL DRIVE EXTENSION CONSULTING mcECONSULTING JANSCAT zozz - CITY of FAYETTEVILLE, ARKANSAS —ENGINEERS, INC. 1200' 21-2 106 E PRII e a_ MAP Tract 03 1580 E. STEARNS ST. 1 / 1 to CITY of FAYETTEVILLE, ARKANSAS FAYETTEVILLE, AR 72703 (479) 443-2377 �ozHTTP:I-NICE. J&com CITY OF FAYETTEVILLE INDUSTRIAL DRIVE EXTENSION NEW DESCRIPTIONS TRACT 03 (Washington County Parcels 765-16577-000, 765-16578-001, 765-15312-001) NEW DESCRIPTIONS: (See Exhibit "D-1" Map) RIGHT OF WAY (R.O.W.) A RIGHT OF WAY (R.O.W.) ACROSS A PART OF LOT 13 OF THE FAYETTEVILLE INDUSTRIAL PARK - WEST AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY, ARKANSAS PLAT BOOK 10, PAGE 17, THE SAID LOT 13 BEING DESCRIBED IN WASHINGTON COUNTY DOCUMENT 1433-742, AND ACROSS A PART OF LOT 14 OF THE SAID FAYETTEVILLE INDUSTRIAL PARK - WEST, THE SAID PART BEING DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2015-00035597, AND ALSO ACROSS A PART OF THE SOUTHEAST QUARTER OF SECTION 27 OF TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, THE SAID PART BEING DESCRIBED IN WASHINGTON COUNTY DOCUMENT 1422-307, THE R.O.W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID LOT 13; THENCE, ALONG THE WEST LINE OF LOT 13, NO1°35'09"E 10.00 FEET TO THE NEW NORTH R.O.W. OF INDUSTRIAL DRIVE; THENCE LEAVING THE WEST LINE, ALONG THE NORTH AND WEST LINES OF THE SAID NEW R.O.W. OF INDUSTRIAL DRIVE FOR THE FOLLOWING COURSES: S87026'54"E 606.84 FEET; THENCE, ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 150.00 FEET AND ARC LENGTH OF 179.05 FEET, FOR A CHORD OF N58021'22"E 168.61 FEET TO THE POINT OF TANGENCY (P.T.); THENCE LEAVING THE CURVE N24009'39"E 1040.20 FEET; THENCE, ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 150.00 FEET AND ARC LENGTH OF 61.40 FEET, FOR A CHORD OF N12026'06"E 60.97 FEET TO THE P.T.; THENCE LEAVING THE CURVE N00°42'34"E 27.65 FEET TO THE EAST R.O.W. OF THE EXISTING INDUSTRIAL DRIVE; THENCE LEAVING THE NEW R.O.W., ALONG THE SAID EXISTING R.O.W. OF INDUSTRIAL DRIVE FOR THE FOLLOWING COURSES: ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 60.00 FEET AND ARC LENGTH OF 32.13 FEET, FOR A CHORD OF N39029'51"E 31.75 FEET TO THE P.T.; THENCE LEAVING THE CURVE N24009'17"E 75.68 FEET TO THE NEW EAST R.O.W. LINE OF INDUSTRIAL DRIVE; THENCE LEAVING THE EXISTING R.O.W., ALONG THE EAST R.O.W. OF THE NEW INDUSTRIAL DRIVE, S00°42'34"W 87.97 FEET TO THE WEST LINE OF THE DUKE REAL PROPERTIES TRACT AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2020-00045794; THENCE LEAVING THE NEW EAST R.O.W. LINE, ALONG THE WEST AND SOUTH LINES OF THE SAID DUKE EXHIBIT D-2 REAL PROPERTIES TRACT FOR THE FOLLOWING TWO COURSES: S24009'39"W 271.72 FEET TO THE SOUTHWEST CORNER OF THE DUKE TRACT; THENCE S87°02'58"E 32.18 FEET TO THE EAST R.O.W. OF THE NEW INDUSTRIAL DRIVE; THENCE ALONG THE EAST AND SOUTH LINES OF THE NEW INDUSTRIAL DRIVE FOR THE FOLLOWING COURSES: S24009'39"W 890.78 FEET; THENCE, ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET AND ARC LENGTH OF 238.73 FEET, FOR A CHORD OF S58021'22"W 224.81 FEET TO THE P.T.; THENCE LEAVING THE CURVE N87026'54"W 605.97 FEET TO THE WEST LINE OF THE TRACT DESCRIBED IN THE SAID WASHINGTON COUNTY DOCUMENT 1422-307; THENCE, LEAVING THE SOUTH LINE OF THE NEW R.O.W., NO1033'33"E 40.01 FEET TO THE R.O.W. POINT OF BEGINNING, ENCLOSING 92,907 SQUARE FEET, OR 2.133 ACRES. DRAINAGE EASEMENT #1 (D.E.#1) A DRAINAGE EASEMENT (D.E.#1) ACROSS A PART OF LOT 13 OF THE FAYETTEVILLE INDUSTRIAL PARK - WEST AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY, ARKANSAS PLAT BOOK 10, PAGE 17, THE SAID LOT 13 BEING DESCRIBED IN WASHINGTON COUNTY DOCUMENT 1433-742, AND ACROSS A PART OF LOT 14 OF THE SAID FAYETTEVILLE INDUSTRIAL PARK - WEST, THE SAID PART BEING DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2015-00035597, THE D.E.#1 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID LOT 13; THENCE, ALONG THE WEST LINE OF LOT 13, NO1°35'09"E 10.00 FEET TO THE NEW NORTH R.O.W. OF INDUSTRIAL DRIVE; THENCE LEAVING THE WEST LINE, ALONG THE NORTH LINES OF THE SAID NEW R.O.W. OF INDUSTRIAL DRIVE FOR THE FOLLOWING COURSES: S87°26'54"E 606.84 FEET; THENCE, ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 150.00 FEET AND ARC LENGTH OF 101.43 FEET, FOR A CHORD OF N73°10'51"E 99.50 FEET TO THE D.E.#1 POINT OF BEGINNING; THENCE LEAVING THE CURVE AND THE R.O.W. OF INDUSTRIAL DRIVE N38050'51"W 16.46 FEET; THENCE N51009'09"E 20.00 FEET; THENCE S38°50'51"E 16.05 FEET TO THE NORTHERLY LINE OF THE NEW R.O.W. OF INDUSTRIAL DRIVE; THENCE ALONG THE NEW R.O.W., ALONG A NON -TANGENT CURVE TO THE SOUTHWEST, CONCAVE TO THE NORTHWEST, WITH RADIUS OF 150.00 FEET AND ARC LENGTH OF 20.02 FEET FOR A CHORD OF S49059'12"W 20.00 FEET TO THE D.E.#I POINT OF BEGINNING, ENCLOSING 330 SQUARE FEET, OR 0.008 ACRES. End of Land Sale Agreement Exhibits CERTIFICATE OF SIGN POSTING 1, Devin Howland, attest that the above sign was posted on 212412022 on Parcel 765- 15312-001. (signature of person the sign posting) City File No./Name: ADM 2022-000011 CERTIFICATE OF SIGN POSTING 1, Devin Howland, attest that the above sign was posted on 212412022 adjacent to Industrial Drive. This second sign was placed at this location given the development site is currently landlocked. (signature of person the sign posting) City File No./Name: ADM 2022-000011 CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U. S. mail, first-class, postage prepaid this 25t" day of February, 2022, and addressed as follows: Name: Mark Murphy Henry (Parcel #: 765-15312-002) Street: PO Box 4800 City, State, Zip. Fayetteville, AR 72702 Name: Fleetpark City Lake AR LLC (Parcel #: 765-16576-000) Street: 200 Owen Parkway Cir City, State, Zip: Carter Lake, IA 51510 Name: City of Fayetteville (Parcel #: 765-16577-000) Street: 113 W Mountain St City, State, Zip: Fayetteville, AR 72701 Name: City of Fayetteville (Parcel #: 765-16578-001) Street: 113 W Mountain St City, State, Zip: Fayetteville, AR 72701 Name: City of Fayetteville (Parcel 3: 765-16578-000) Street: 113 W Mountain St City, State, Zip: Fayetteville, AR 72701 Name: Black Hills Energy AR Inc. Tax Dept (Parcel #: 765-15311-000) Street: PO Box 20 City, State, Zip: Rapid City, SD 57709 Name: Farrell Hogeye Property Holding Co LLC (Parcel#: 765-15312-000) Street: PO Box 1288 City, State, Zip: Fayetteville, AR 72702 Devin Howland, Dir, Economic Vitality (Name of person completing the mailing) (Signature of pens n com eting the mailing) City File No. /Name: ADM 2022-000011 IWA CITY OF FAYETTEVILLE ARKANSAS February 23, 2022 Public Notice- Sale of Municipally Owned Real Property Dear Property Owner: Please be aware that the Fayetteville City Council will consider a resolution to sell 17.6 acres of municipally owned land (Parcel #: 765-15312-001) to B-Unlimited, Inc. for $278,280. In the winter of 2021, Fayetteville -based B-Unlimited, Inc. approached the City about purchasing 17.6 acres of city -owned land in the Fayetteville Commerce District, for reasons of expansion and relocation. The company, which is currently located on S. School Avenue, plans to build its new headquarters, manufacturing, and distribution facilities on the property. The Mayor recommends selling the said property to B-Unlimited, Inc. to create additional jobs and bring economic vitality to the city. This proposed sale will be considered by the City Council during its 5:30 p.m. meeting on Tuesday, March 15, 2022 in Room 219 of City Hall, located at 113 W. Mountain Street. If you wish, you may attend the March 15, 2022 City Council meeting and make comments when the resolution is presented to the City Council for consideration. To learn more, please contact Chung Tan, Deputy Director of Economic Vitality at 479.575.8276 or ctan@fayetteville- ar.gov. Yours truly, 00 Chung Tan Deputy Director Economic Vitality Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 From: Tan, Chung To: "Cathy Wiles" Cc: Howland, Devin Subject: RE: Ad to go out this Sunday, Feb. 27 Date: Thursday, February 24, 2022 3:59:39 PM Attachments: imaae001.Dna image002.g_ng imaae003.Dna image004.g_ng imaae005.Dna The ad is good to go to the printers. Thanks, Chung From: Cathy Wiles <cwiles@nwaonline.com> Sent: Thursday, February 24, 2022 3:58 PM To: Tan, Chung <ctan@fayetteville-ar.gov>; 'Cathy Wiles' <legalads@nwadg.com> Subject: RE: Ad to go out this Sunday, Feb. 27 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Has been scheduled to run on 2/27 copy below. Cost will be $ 79.04 Please let me know if you have any corrections. Thanks Cathy Am eeting of the City of Fay- tteville City Council will be helc n Tuesday, March 15, 2022 a- :30 p.m., in Room 219, Fay- tteville Administration Building a- 13 W. Mountain Street, Fay- tteville, Arkansas, 72701. T h E ]Ilowing item is required to be ublished in the local newsaaaei iancesot the laity of Fay etteviiiE ind will be heard at the Mara 5, 2022 Fayetteville City Counci fleeting, ADM-2022-000011 :SALE Of AUNICIPALLY OWNED REAL 'ROPERTY: Submitted by CITY STAFF foi iroperty located in the Fay- tteville Commerce District �Par- el # 765-15312-001). The Fay- evi I I e U i t y U ounce F i€ onsidering the sale of 17.6acre{ t owns (Parcel # 766-15312-001 o B-Unlimited, Inc. for the amount of 273,230.00. The iroposed use of the property is� Green printing and manufactur- ng business. The proposedsalE will be considered by the City ;ouncil during its March 15, 202t neeting at 113 W. Mountair 1 ree , Hoom 21 ED. Depen ing or he national, state, and local re- luirements, this meeting may be field virtually, with participatior nformation found a- ittps:/)rww.fayettevil le -a r.gorr/ca endar.aspx and/or in- person, 76529796 Feb. 27, 2022 Cathy Wiles Classified & Legal I cwiles&nwaonline.com 479-571-6421 1 CIO Northwest Arkansas Democrat -Gazette www.nwaonline.com Our community. Our paper. 212 N. East Ave. Fayetteville, AR 72701 From: Tan, Chung [mailto:ctan(a)fayetteville-ar.gov] Sent: Thursday, February 24, 2022 2:53 PM To: 'Cathy Wiles' Subject: Ad to go out this Sunday, Feb. 27 Cathy; I have the go ahead to place this ad in the NWA Democrat Gazette for this Sunday, Feb. 27. There are a few changes to the notice. Below is the accurate one to use. Please e-mail me a draft for approval before actually going into print. Also, please let me know how much so I may get approval to pay the newspaper. Lastly, I will need an e-mail confirmation response from you stating that the ad is scheduled, followed by an affidavit when it's completed. NOTICE OF PUBLIC HEARING A meeting of the City of Fayetteville City Council will be held on Tuesday, March 15, 2022 at 5:30 p.m., in Room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701. The following item is required to be published in the local newspaper pursuant to the Code of Ordinances of the City of Fayetteville and will be heard at the March 15, 2022 Fayetteville City Council Meeting. ADM-2022-000011 : SALE OF MUNICIPALLY OWNED REAL PROPERTY: Submitted by CITY STAFF for property located in the Fayetteville Commerce District (Parcel # 765-15312-001). The Fayetteville City Council is considering the sale of 17.6 acres it owns (Parcel # 765-15312-001) to B-Unlimited, Inc. for the amount of $278,280.00. The proposed use of the property is a screen printing and manufacturing business. The proposed sale will be considered by the City Council during its March 15, 2022 meeting at 113 W. Mountain Street, Room 219. Depending on the national, state, and local requirements, this meeting may be held virtually, with participation information found at https://www.fayetteville- ar.gov/calendar.aspx and/or in -person. Thanks, Chung Tan, CEcD, EDFP Deputy Director Dept of Economic Vitality 113 W. Mountain Street City of Fayetteville, AR 72701 T 479.575.8276 Facebook 1 Twitter I Instagram I YouTube CITY OF: FAYETTEVILLE ARKANSAS End of Public Notification Documentation 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 51-22 File Number: 2022-0089 EXPRESS THE INTENT TO SELL APPROXIMATELY 30.06 ACRES COMMERCE DISTRICT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 30.06 ACRES OF CITY PROPERTY LOCATED IN THE COMMERCE DISTRICT WHEREAS, the City of Fayetteville owns Parcel # 765-15312-001, which contains approximately 17.46 acres, and Parcel # 765-16578-001, which contains approximately 19 acres, in the Commerce District; and WHEREAS, the City has received an offer from B-Unlimited to purchase the 17.46 acre parcel and a request for an option to purchase approximately 12.6 acres of the 19 acre parcel within 12 months of closing on the 17.46 acres; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to sell approximately 17.46 acres of property located in the Commerce District, Parcel 765-15312-001, as shown in the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to offer this property for sale. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to sell Page 1 Printed an 2116/22 Resolution: 51-22 File Number 2022-0089 approximately 12.6 acres of the 19 acre Parcel # 765-16578-001, as shown in the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to offer this property for sale. PASSED and APPROVED on 2/15/2022 Attest: 1011111 frill,,VILLE ```�y•` GIiY ��`�`�G•: Kara Paxton, Ci4Ccr�k Treasurer; • :. r • r Page 2 Printed an 2116122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0089 Agenda Date: 2/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C.7 EXPRESS THE INTENT TO SELL APPROXIMATELY 30.06 ACRES COMMERCE DISTRICT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 30.06 ACRES OF CITY PROPERTY LOCATED IN THE COMMERCE DISTRICT WHEREAS, the City of Fayetteville owns Parcel # 765-15312-001, which contains approximately 17.46 acres, and Parcel # 765-16578-001, which contains approximately 19 acres, in the Commerce District; and WHEREAS, the City has received an offer from B-Unlimited to purchase the 17.46 acre parcel and a request for an option to purchase approximately 12.6 acres of the 19 acre parcel within 12 months of closing on the 17.46 acres; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to sell approximately 17.46 acres of property located in the Commerce District, Parcel 765-15312-001, as shown in the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to offer this property for sale. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to sell approximately 12.6 acres of the 19 acre Parcel # 765-16578-001, as shown in the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to offer this property for sale. City of Fayetteville, Arkansas Page 1 Printed on 211612022 City of Fayetteville Staff Review Form 2022-0089 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 1/26/2022 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: Staff is recommending approval of a resolution expressing the City Council's intent to sell 17.46 acres (Parcel # 765- 15312-001) of City -owned Commerce District land for $278,280 with an option to purchase approximately 12.6 acres of Parcel # 765-16578-001 for $18,000 an acre within twelve months of closing on Parcel # 765-15312-001. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF MWFAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 15, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: January 26, 2022 CITY COUNCIL MEMO SUBJECT: A Resolution expressing the City Council of the City of Fayetteville's intent to sell 30.06 acres of City owned land in the Commerce District RECOMMENDATION: Staff is recommending approval of a resolution expressing the City Council's intent to sell 17.46 acres (Parcel # 765-15312-001) of City -owned Commerce District land for $278,280 with an option to purchase approximately 12.6 acres of Parcel # 765-16578-001 for $18,000 an acre within twelve months of closing on Parcel # 765-15312-001. BACKGROUND: In the Winter of 2021, the Department of Economic Vitality began working with B-Unlimited to explore a range of expansion options to meet the company's need for additional space. Following an assessment of onsite expansion options and a City-wide site search for another location, parcel # 765-15312-001 was identified and an offer letter to purchase the property was received on January 13, 2022 from Cameron Clark, who is representing B-Unlimited. BACKGROUND OF B-UNLIMITED: A beloved local business, B-Unlimited was founded in 1994 as a screen -printing company right here in Fayetteville. Acquired by Ben Clark in 2006, the company has experienced significant growth over the past decade- launching a fully water -based print shop in 2013. Since this time the company has grown from one Sorority client here in Fayetteville to serving 250 college campuses across the nation today. In 2020, B-Unlimited merged JCG Apparel and expanded to six retail locations throughout the SEC (South Eastern Conference). From 2016-2019 B-Unlimited was named to the "Inc. 5000" list of the fastest growing private companies in the United States, and their growth continues to this day. Currently, B-Unlimited employs over 250 team members, with nearly 180 jobs located in the City of Fayetteville (30 of which are full time artists, making them one of the largest private employers of full-time artists in the City). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Economic Vitality Benefits and Metrics: The project is the relocation, expansion, and retention of B-Unlimited's national headquarters. B-Unlimited has called the City of Fayetteville home since it was formed in 1994. As the company continues to grow, this site provides them with the surety that as their needs continue to expand- they have room to do so within the City. • Employment: Retention of 180 jobs at an average of $20 per hour (annual payroll of nearly $7.5M). Creation of 50 jobs within the next three years that would bring annual payroll to a little more than $9.5M; • Capital Investment: Phase 1 investment of the new HQ of $5.5M; • Retaining the HQ of a significant employer within the creative economy who has consistently been named one of the fastest growing companies in the United States. Development Site Offer and Option Site: The offer letter received by the City includes a purchase price for the 17.46-acre tract (Parcel # 765-15312-001) is $278,280 ($15,938 per usable acre/$18,000 per acre with the exclusion of the pond which will not be developed). The offer letter also includes an option to purchase up to an additional 12.6 acres of parcel #765-16578-001 for $18,000 per acre within 12-months of closing on the development site, under a separate agreement. Initial conversations between B-Unlimited and the Department of Economic Vitality include utilization of the option site to recruit mutually beneficial businesses to the property, such as the development of 10,000-15,000 sq. ft. manufacturing spaces that can be utilized by other small businesses and entrepreneurs. These details will be discussed in a separate agreement per the Chief of Staff's response letter. Zoninq and Location: The City -owned property is currently zoned 1-2 Industrial. The site is bordered by Black Hills Energy Arkansas Inc. to the east, Hog Box to the south, a privately held parcel to the west, and City -owned Commerce District land to the north. The site includes a roughly 2-acre pond area, which the company will retain as an amenity on the proposed campus should Mayor Jordan be authorized by the Fayetteville City Council to sign a Land Sale Agreement with the company. Access and Future Industrial Drive Construction: Discussed further in the Chief of Staff's response to letter of intent (Attachment 3 of this packet) the site does not have access and will not until the Industrial Drive Extension is complete. Initial Land Sale Agreement Conditions: 1. Buyer will obtain a survey of the property at their sole expense; 2. Development Site shall be located immediately to the south of the proposed fifty -foot Right -of -Way as outlined in Exhibit B of the Chief of Staff's response; 3. Buyer must agree to dedicate right-of-way per City of Fayetteville Unified Development Code and Master Street Plan standards at the time of large-scale development; 4. Buyer shall pay compensation to the City of Fayetteville if the Development Site is sold within ten years, given the discount of $2,000 per usable acre; 5. Other conditions will be included in the Land Sale Agreement; 6. All Land Sale Agreements are subject to final approval by the Fayetteville City Council. Should this resolution be adopted by the Fayetteville City Council, City staff would begin the land sale notification process per section 34.27 "Sale of Municipally Owned Real Property" of the City's code. A separate Resolution authorizing Mayor Jordan to sign a Land Sale Agreement will be brought forward at a later date for review and consideration by the Fayetteville City Council. BUDGET/STAFF IMPACT: $278,280 in revenue to the City fund that owns parcel 765-15312-001 and $226,800 in revenue to the City fund that owns parcel 765-16578-001. Attachments: Site Location Map Offer Letter from Cameron Clark on Behalf of B-Unlimited City Response Letter from Susan Norton, Chief of Staff with Exhibits Letter of Support from the Fayetteville Chamber of Commerce Urban Forestry Report on Option Site Attachment A: Site Location Map for Parcel # 765-15312-001 R .. J � l" 1 RSF t7 _ 1-1 F90-2i ip RSFA O B- U N L I M I T E D January 13, 2022 Mayor Lioneld Jordan 113 West Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan, BUNLIMITED 2291 S SCHOOL AVE. FAYETTEVILLE, AR 72701 As the B-Unlimited representative, I am pleased to submit this Letter of Intent to purchase a piece of City owned property in the Fayetteville Commerce District for the expansion and retention of the B-Unlimited, Inc. headquarters for office, manufacturing, and distribution. The property under consideration is 30.06 acres of land in the Commerce District. Buyer to close on the southern parcel (APN# 765-15312-001) totaling 17.46 acres by March 2022, at a purchase price of $278,280. Upon closing, Buyer will have a 12-month option period to purchase the northern 12.6 acres (part of APN# 765-16578-001) at a purchase price of $18,000 per acre. The buyer entity will be an Arkansas Limited Liability Company to be named. A survey will be required at the Buyer's expense. The average price is $18,000 per usable acre ($278,280 total). Supporting data on the company, preliminary job creation estimates, and planned development has been shared with the staff at the City of Fayetteville. We look forward to executing a formal purchase agreement under the supervision of the City Attorney, a 15-day cash close upon contract execution. Special thanks to Ms. Chung Tan and Mr. Devin Howland from the City of Fayetteville. Respectfully submitted this 13 day of January 2022. Cameron Clark Agent Bennett Commercial Real Estate cameron@bennettcre.com 479-387-4014 0 4 M *T u B-UNLIMITED B-UNLIMITED B-UNLIMITED BUNLIMITED BUNLIMITED W W W. B- U N L I M I T E D. C O M O B- U N L I M I T E D BUNLIMITED 2291 S SCHOOL AVE. FAYETTEVILLE, AR 72701 Exhibit A 0 4 m *v u B-UNLIMITED B-UNLIMITED B-UNLIMITED BUNLIMITED BUNLIMITED W W W. B- U N L I M I T E D. C O M OFFICE OF THE MAYOR January 24, 2022 Cameron Clark Bennett Commercial Real Estate 3608 Southern Hills Blvd (Suite 4) Rogers, AR 72758 Dear Mr. Clark, Thank you for your letter of intent on behalf of B-Unlimited expressing its interest in purchasing approximately 17.46 acres of City -owned land in the Fayetteville Commerce District (Parcel # 765-15312-001) (the "Development Site") with the option to purchase an additional approximately 12.6acres of City -owned land (Parcel # 765-16578-001) (the "Option Site") within 12 months of closing on the Development Site. The general location and size of the Development Site and Option Site are shown on the map attached as Exhibit A. Land Sale This City -owned land is reserved for economic development opportunities and the purchase price of $15,938 per acre ($18,000 per usable acre) represents a reduction for that purpose. As such the Cit I will require the bu er com lete a survey at its exp ense. We are interested in proceeding by presenting a Resolution of Intent to the Fayetteville City Council on February 15, 2022. Section 34.27 of the Fayetteville City Code, Sale of Municipally Owned Real Property, requires the City Council to first pass a Resolution of Intent before a land sale agreement can be considered in order to satisfy the City's land sale notification requirement. Access and Future Industrial Drive Construction The site currently does not have access and will not until the Industrial Drive road extension project is complete (Exhibit B). The City intends to obtain and dedicate 50 feet of public right-of- way as shown in Exhibit A (Tract 03 to CITY OF FAYETTEVILLE, ARKANSAS). As such, the Development Site's northern boundary will abut this new section of right-of-way. The City anticipates that the Industrial Drive extension will be completed by Q2 2023; however, this is not guaranteed. Until the Industrial Drive extension is completed, the City understands that you will continue to access the Development Site through adjacent privately owned land. Development Site, City Council Process, and Land Sale Agreement Conditions Should the City Council pass a Resolution of Intent expressing their interest in selling the parcel, a 15-day public notice period must be completed before a Resolution to authorize Mayor Jordan City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR to sign a Land Sale Agreement can be considered by the Fayetteville City Council. The Land Sale Agreement will reflect the following conditions: 1. The Development Site shall be located immediately to the south of the proposed fifty - foot Right -of -Way as outlined in Exhibit B and B-Unlimited must agree to dedicate right of way per City of Fayetteville Unified Development Code and Master Street Plan standards at the time of large scale development; 2. B-Unlimited shall be required to obtain a survey of the Development Site within thirty days of the execution of the Land Sale Agreement; 3. B-Unlimited shall pay compensation to the City of Fayetteville if the Development Site is sold within ten years, given the discount of $2,000 per usable acre; 4. Other conditions will be included in the Land Sale Agreement, All Land Sale Agreements are subject to final approval by the Fayetteville City Council. Lastly, since this land is reserved for economic development purposes, the Department of Economic Vitality would like to present the following information to the Fayetteville City Council during the February 15, 2022 City Council meeting, which were derived from Cameron Clark's email on January 13, 2022. 1. Capital investment for phase one; 2. Jobs retained, average salary, and total payroll; 3. B-Unlimited's intent to recruit mutually beneficial businesses to the Development Site and Option Site. Will you consent to City Staff using these figures in their legislative memo and presentation during the City Council meetings in which these items will be considered? Should the Fayetteville City Council approve the Resolution of Intent on February 15, 2022, the earliest the Land Sale Agreement could be considered is the March 15, 2022 City Council meeting. Option Site You have also expressed an interest in a 12-month option to purchase approximately 12.6 acres of City -owned land (Parcel #765-16578-001) as outlined in Exhibit A, for $18,000 per acre. The option to purchase will be discussed further in the Land Sale Agreement; however, while the Administration will support the firm price of $18,000 per acre, the sale of the Option Site will City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR require a separate agreement negotiated between the City and B-Unlimited and the City will reserve the right to place additional terms and conditions on the sale of the Option Site. Regards, Susan Norton Chief of Staff City of Fayetteville, Arkansas CC: Devin Howland, Director of Economic Vitality Chung Tan, Deputy Director of Economic Vitality Blake Pennington, Assistant City Attorney City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Please see exhibit B of our response letter for road specifications ,J r rL i 0 100 �00 400 Fe j'oo OIL Development Site Option Site 0 General Utility Easement O Proposed Industrial Access Easement 0 Future Industrial Drive Extension M i . _ &..ii y The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold Exhibit A the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Folder: G:\GIS2\Projects\2022\Commerce District Land Sale Negotiation\ 1/24/2022 0 0 0 0 u c7 W Q I m 0 25' UTIL ESMT per PLAT 10-17 N 000 d ui IU— c) O p IL O LLI i , i LLI !Y F- O 60 ii -5 C6 W W z LLI i J o Z Q - I Q if)M U of p '6 o / W o `D O oo _Z I JAI Ln O 00 ^ O } ~ I� CO J ry >N N W ? D I W I ^ L0 O N O\\— M N ° F M �4 o 00 �lL� WJM � I Z Z\O II \M Q 0M L I. o LO ., _ QopJN CDC> I� O , cu �2 C) 00W I N I L O N-4 `6 0 � � Z o "' F-� 00 r--0 0 IA 2� Q F U) LLl W I `� N C)LLI J =LLJ Z O (olC� LL w ui0 W O O II re) ycul I- ) I� _bOmIt LuON Dx Q C; I� ° O Ln ( o C 00 oZ NW I �ti ON II U� aI CO Ln M II IY U 00 II z o II � II Z I W U and ESM7 per P g ESM- Per 1p60-548 = 30' UT�1 STY N GP 30' PRKANSAS WESTER — r Wp 118�-0�6 LAKE R, OAD UT\07 Y ESM7 PeCITYo .w. VARIES R _ RIW LEGEND T� PROPOSED RIGHT-OF-WAY (R.O.W.) — — EXISTING PROPERTY LINE L : 7::: � 7 7� PROPOSED DRAINAGE EASEMENT (D.E.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (TCE) BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) —1, MAMA LT DATE E R NO Y DCS REVISION INDUSTRIAL DRIVE EXTENSION McCLELLAND mCECONSULTING AN.zozz EXHIBIT "A" CITY of FAYETTEVILLE, ARKANSAS ®ENGINEERS, INSCALE C. V=60' PROT 21-2106 NUMBER MAP Tract 01 1580 E. STEARNS ST. e 1 / 1 FLEETPARK CITY LAKE AR LLC FAYETTEVILLE, AR 72703 (479) 443-2377 €k �.jtoii HTTP:///-MCE.L&COM - --- — - — — — — — — — ------------- \ nacysuUO-900Z iVid aad I�----------iNS3llnun,OZ pI — — — — — — — — — — — N p L W w � Z N (r) �Lin ^ cp I 00 M Q W p O - N V'm tL O N W M U oN � � M Z F- 0 Ja DO I '� ?) l0 l0 W LU m N Ul �_ W o N M n �F Z N to C I I N p z Cn 11 �Q Q M O M U co I 2 � w ai ~ ko I C CD ow I I p = IcN cN O o0� I I �I� I H NLLI I o �\ M = I ui Ul Z�� z �� o' 5 I N cn A I H�o� N oY rno Q o� I~N - o I \C� zo U U o ICj 0 I�JI I� > INa N M _ I �I- cc A IICD I w o ~ I I E& CAT'j SINE EgM w } co p o O I I 30' UT11 ITY lINp79 152, an T Z) < I (n uM1 I I 30' 0-v �00 6229 _ N a U I I — per P�PT 2p0 �& SEWER ESM N rn Q N J �� ��_ 25WATper812171 ri �o o I�1V Lu00 rj too M rn (L V7 N �C, W� N H�� O N _0 m `� 00 � z AKE ROAD Z Z FL to CITY L. VARIES R•o.1f. LEGEND PROPOSED RIGHT-OF-WAY (R.O.W.) — — EXISTING PROPERTY LINE z �______� PROPOSED DRAINAGE EASEMENT (D.E.) _ e E— PROPOSED TEMPORARY CONSTRUCTION EASEMENT (TCE) BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) - EN- MAMA LT E R Ne Y DCS INDUSTRIAL DRIVE EXTENSION McCLELLAND mCECONSULTING - DATE REVISION Dec.zozl EXHIBIT "A" MAP CITY of FAYETTEVILLE, ARKANSAS Tract 02 MARK MURPHEY HENRY ®ENGINEERS, INSCALE C. 1580 E. STEARNS ST. FAYETTEVILLE, 72703 (479) 443-237377 V=60' PROT NUMBER 21-2106 1 / 1 ®x- HTTP://WWW.MCE.US.COM ST. PA UL M oUo RTI USE TRAIL OW -7 / --- Q7 / �1N0 0 O g5 EXISTING ESMT's NEAR NORTH END: \ / �OF �p0�6 0 100 200 25' UTIL ESMT, PLAT 10-17 35' GAS ESMT, PLAT 10-17 �� -7 SCALE 1" = 200' 50' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 P 30' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 / WD 2020-00045794 DUKE REAL / PROPERTIES, LLC / NOTE TCE NOT ACQUIRED ACROSS CITY TRACT Tract 03 / 765-16577-000 / WD 1433-742 / CITY of FAYETTEVILLE (LOT 13) / EXISTING ESMT's ALONG EAST/WEST LINE: 25' UTILITY ESMT, PLAT 2004-00012961 25' UTILITY & CATV ESMT, 1079-154 DRAINAGE ESMT#1 (D.E.#1) POB SEE DESCRIPTION FOR DIMENSIONS S.W. Cor Lod 3 R.O.W. POB SEE DESCRIPTION FOR DIMENSIONS / O 30' ACCESS &UTIL ESMT �PLAT 2020-00046356 .4o / fJ� y / Tract 03 765-16578-001 WD 2015-00035597 ti CITY of FAYETTEVILLE (LOT14A2, being part of LOT14) � OF 0020 Q�P / EXISTING ESMT's NEAR SOUTH END: 25' UTIL ESMT, PLAT 10-17 / 35' GAS ESMT, PLAT 10-17 / 30' ACCESS & UTIL ESMT, WD 2020-00045794, PLAT 2020-00046356 L TCE— /� DRAINAGE ESMT #2 (D.E.#2) POB — — — — 7- SeGrL'( SEE DESCRIPTION FOR DIMENSIONS Tract 03 �SeG2AA \��000ti 35' ARK. WESTERN GAS ESMT / / WD 1422-3071 1091-170 / / CITY of FAYETTEVILLE / (part of SE/4 Sec.27) LEGEND == PROPOSED RIGHT-OF-WAY (R.O.W.) — — EXISTING PROPERTY LINE r,7777\ \ 4 \ \ \� PROPOSED DRAINAGE EASEMENT (D.E.) L--------J E— =r«-1 PROPOSED TEMPORARY CONSTRUCTION EASEMENT (TCE) BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) ENCI, E" EAwD e LT McCLELLAND DATE Dcs� oN INDUSTRIAL DRIVE EXTENSION mCECONSULTING AN.zozz EXHIBIT "A" CITY of FAYETTEVILLE, ARKANSAS ENGINEERS, INC. 1" 1-16ER=zoo' z20MAP Tract 03 1580 E. STEARNS ST. 1 / 1 to CITY of FAYETTEVILLE, ARKANSAS FAYETTEVILLE, AR 72703 (479) 443-2377 �oii HTTP:fl-MCE.u&com 50' ACCESS & UTIL ESMT WD 2020-00045794, 1 PLAT 2020-00046356 25' UTIL ESMT per PLAT 10-17 ° f /Qv 1/ / ) 0 ) �. S.W. Cor. Lot 14A1 =���Oa R.O.W. POB ° / U44, ST. PA UL MULTI— USE TRAIL 100' ROW R/W f 25' UTIL ESMT L — — per PLAT 10-17 �(0 / ,?QR/ moo ogory/f / 0 30 60 / / SCALE 1" = 60' w / S00° 42' 34"W-33.86' f V/ Tract 04 f 765-16578-002 WD 2020-00045794 XI DUKE REAL PROPERTIES, LLC (LOT14A1) R=200.00', D=81.86' CH=S12026'06"W, CD=81.29' a °Nyo OyP Q� o °� NpP PAP �P� 00 0 63�6 30' ACCESS & UTIL ESMT per PLAT 2020-00046356 / t�Goo /� / ------------ — --- CO A, /� N870 02' 58"W-32.18'-------- Q� fti� 4 / LEGEND == PROPOSED RIGHT-OF-WAY (R.O.W.) — — EXISTING PROPERTY LINE r,7777\ \ 4 \ \ \� PROPOSED DRAINAGE EASEMENT (D.E.) L--------J E— -C PROPOSED TEMPORARY CONSTRUCTION EASEMENT (TCE) BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) LT .MA"A E" EAwDcsNe McCLELLAND DATE REVISION INDUSTRIAL DRIVE EXTENSION mCECONSULTING Dec.zozl EXHIBIT "A" CITY of FAYETTEVILLE, ARKANSAS ENGINEERS, INC. 1"=so' z1-2NUMBER MAP Tract 04 1580 E. STEARNS ST. 1 / 1 DUKE REAL PROPERTIES, LLC FAYETTEVILLE, AR 72703 (479) 443-2377 �oii HTTP:I-NICE.u&com HAMBER F A Y E T T E V I L L E January 26, 2022 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan and City Council, The Fayetteville Chamber of Commerce is always seeking to help projects that support our mission of advocating for a strong business climate on behalf of our membership. The Fayetteville Chamber is writing to support the expansion B-Unlimited, believing it will foster a larger workforce and positive economic impact. The Chamber supports this initiative believing that given B-Unlimited's track record of excellence and growth, they will continue to support the City of Fayetteville's economic development goals. B-Unlimited has built a strong reputation of successful management and we believe their experience speaks to their ability to facilitate a seamless and quality transition and provide affordable services that are in high -demand. The Fayetteville Chamber of Commerce has full faith and confidence in supporting B- Unlimited's proposed expansion into the Commerce District. We are excited at the prospect of supporting a premier expansion and our region looks forward to seeing the amazing impacts it will bring. Respectfully Yours, President/CEO Fayetteville Chamber of Commerce 21 West Mountain St. #300 * P.O. Box 4216 * Fayetteville, AR 72702-4216* TEL 479. 521. 1710 * FAX 479. 521.1791 * www.fayettevillear.com CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan Devlin Howland, Director of Economic Vitality THRU: Alison Jumper- Director of Parks and Recreation Ted Jack- Parks Planning Superintendent FROM: John J. Scott - Urban Forester DATE: January 14, 2022 SUBJECT: Forestry Assessment, Parcel-765-16578-001- 19 Acres Devlin Howland asked for a report on the green area (Forest Assessment) for parcel 765- 16578-0001. BACKGROUND: Urban Forestry Staff reviewed the parcel's history and found that as recent as 2000, the majority of the 19-acre parcel was a maintained agriculture field. Fayetteville, AR 2D21 Tree Preservation Easement shown in green s' 6 A Stteville,' later- Sewer -13.1 r Parcel aerial imagery in 2021 Bright Investments Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The adjacent undeveloped property to the north is similar and contains a drainage pond. The Fayetteville Sewer and Water offices lie directly to the west. The City of Fayetteville owns the adjacent 13.1 acre property to the east and south. The forest on the 13.1 acres is a much older forest. The property adjacent to the northeast is owned by Bright Technologies and is placed in a tree preservation easement, shown in green. SITE VISIT: Staff utilized the utility clearing that runs along the parcel's east, north, and south sides to access the site. Evidence of typical animals was found and seen during the site visit. Deer, coyote, raccoon, and other mammals are typically found in areas like this, and evidence of all three and many more was seen during the site visit. A few typical bird species such as crows, blue jays, and red tail hawks were observed during the site visit. FOREST: The parcels forest is 21 years old, which in terms of forestry is not very old. The oldest trees on the site are along the remnant fence row and scattered on the south border of the parcel. These two areas contained significant trees on this site. The rest of the parcel consisted of smaller 8- inch to 12-inch DBH (Diameter at Breast Height, industry -standard tree measurement) trees about 20-30 feet tall. The trees that have grown since 2000 are pioneer species of trees. Pioneer species are hardy species that are the first to colonize barren environments. Typical pioneer tree species are black locusts, honey locusts, Bradford pears, sweetgum, black cherry, and eastern red cedars. Invasive species such as bush honeysuckle, privet, and Bradford pears are also dominant pioneer species found on site. The significant trees along the fence row consisted of hackberry, bois d'arc, black gum, and cedar trees. This young forest benefits our environment in the forms of carbon sequestration, animal habitat, collecting air pollutants, stormwater mitigation, and other typical forest benefits. SOILS: The parcel is also located on hydric soils, which means the soil is saturated, flooded, or ponding occurs. The West Fork of the White River is .78 miles to the east of the parcel. Town Branch is .45 miles north of the parcel. A drainage channel runs along the east side of the parcel and drains into the West Fork of the White River. CONCLUSION: The 19-acre parcel has a few significant trees worth preserving along the remnant fence row that runs through the middle of the property and a few along the southern property line. Overall, the forest is low quality because it is a very young forest dominated by pioneer species and invasive species understory. ATTACHMENTS: Maps showing the history of the property. 111312022, 2:26:24 PM 1:4,890 0 0.04 0.08 0.15 mF Right -of -Way Private Avigation Easement AHTD RR Drainage Easement 0 0.05 0.1 02 km Farmington Springdale Conservation Easement Fayetteville Uni dersity ansas of Ark LandEmt. scapeaseen me data ew fined heiroompied wm—hus somnae mr lba a ae uw a ,bwemw fie CAy ar Fayee Af Gea�raphic Inro—Wn ffysfem ea6 tie putft %9 On 1w— Goshen Washington County Sidewalk Easement My uae of me dery by anyu fie raNa,' flan are M, �t Fayetle�Ae a of tl�e wk dak of art 1N — does aers, au m tl.damru, wa awar Greenland General Utility Easement Trail Easement Fay¢tW11. x d had fM Cyr of Fay .,Il¢ hxmbss % and onh-, liabrity for arty oeI edbna. me[w Qe..p °r env naldre. Inducting ire It" coe[ordel....—.d >W usm w by ar] eIwn San the use N Ihls dxe fibs Cry d FeyoleWlg makes no ixprtu or urylied "ei.znfeer. ,dN rMrhrwe a Vk dale. Na aura. ph—. ur alarm fui.nd Johnson Access Easement Tree Preservation Easement "�I""'auna`°�fr°e°i°"a�rce`m"a�m°r'gr'ar wrm �aoarwxa7&ae.>e". 3 Fayetteville} AR 2000 AM Remnant Fence Row + Trees ` tiell to All WL (IJ AI 1 • r_^r, s — t •.d I — `" • j 4� t " a R e ram• * 1113/2022, 2:24:47 PM 1:4,890 0 0.04 0.08 0.16 mi Right-of-fty Private Avigation Easement 11 AHTD RR Drainage Easement a 0-05 0.1 0-2 loin Farmington Springdale Conservation Easement. Fayetteville University of Arkansas Landscape Eeserrent TMaOalaconslreenaraNwas—pa rnacrmrn"arloueser,�cea mr nre aaa ase a"obmarn m. mmrrr — srwm a me rrudm u"'i s n s.. Goshen +n,,eIv vymamw by a im p� ms r dwa veresbvrac�aaAmao.v mnry me c n Washington County Sidewalk Easement cae a Its amA hdearim C r s yxlcnvi ny o ayamxrl¢ corn-0 wnhoul lubiiry ivr a any Greenland tlalme, ecxne- mei r� wmaeea or y awre In I —Mg wemp t e ctys wei oreere ee, asae reo General Utility Easement Trail Easement ]k Asa ar by an�ilier eAs'nq 5om ih• wa Mlhla ddcareI.- m uK a>».. nw w�,d, pr,.. - mu,a .iotlnsan ne ear• elfan be consi—di. wer�,e "Ifnrtrmmu w w wm urger Arai— Access Easement Tree Preservation Easement 4 Fayetteville, AR 2[]11 111312022, 2:23:52 PM 1:4,890 0 0.04 0.08 0.16 mi Right -of -Way Private Avigation Easement AHTD RR Drainage Easement 0 0.05 0.1 02 km Farmington Springdale Conservation Easement Fayetteville Uni dersit of Arkansas y Landsca Easement p me data ewer imd hmir ves wmPFed wm rernus wmnae mr ire a ae uw anaomemw fie CAy d Feyetl Af Gea�rephie Inro—Wn ffysfem a tie pubft %9 On I sews Goshen Washington County Sidewalk Easement My uae of me dery ay anyu ie Nat flan are Cil� �t Fayetle�Ae a of be wk dak of art aersbv au m tl.damru, wa cln ar Greenland General Utility Easement Trail Easement Fayette I xid hdd fM Giy of Fayr�m AI. hxmbss %ana eMhruf liabrity for arty eeI-, ww e. me[w Qe..o.a env naldfe. odudinq ire dto ws[or del... esfel1ed O usm w qy an]tew eelsiiq San the use N Ihls daW ihe. Cdy d FaralleNlg makes no .x of .0,. "ei.znletia rdlh — L7 - data. Na aura. phitlae, ur ula�rr fui.na Johnson Access Easement Tree Preservation Easement "�I""'auna`°wf`°e°i°"a�rce`m"anm°r'gr'ar wrm ��a`wxa7&aa�a". 5 111312022, 2:21:16 PM 1:4,890 0 0.04 0.08 0.16 mi Right -of -Way Private AHTD RR Farmington Springdale Fayetteville U ni dersity of Arkansas Goshen Washington County Greenland General Utility Easement Johnson Access Easement Avigation Easement 0 0.05 0.1 02 km Drainage Easement Conservation Easement LandscapeEasement medtlteonminedhmir es wmpiedwm—hustomaesmrtm a aeuwe ,bmemw M. CAy d Fayeetf�IN GeaArapnic Infolmatbn 6ysfem tab rte publlu t9 6. A SP+ws My uae of me dery ay anyuie Nat Alen are Cil� �t Fayetle�Ae a of be wk dak of art Sidewalk Easement esa: era by tatrl— m int mra. 1N ast� eoes aarebv au m A.tamru, ma CIN ae FayetleNlla x d h d fM Cyr of Fx .,Il¢ hermbss %m ana onh-, liabrity for arty Trail Easement belme,edbne.—tw Qe..ge or eny ntldre. Inducting lfe et"—t rdel... teemed no t usm w by an t w a p q San the ura N Ihls dea the Cry u Fera 1eNIN makes no i is Cry b 4 makes a p,eu m plied wa..bafn,.f m rerem� deaa. raa pvr�,e Tree Preservation Easement ntrelr-peas ee co�vsadm.a.re ms�mn a a Uur gar wrin.—,—sae�srr. 0 End of Resolution 51-22 Attachment A: Site Location Map for Parcel # 765-15312-001 4 14 " ierft• - 4 -AN F4 VN, I ID m ` ' ,. IT CD oa ET CD U) C p 3 c = m C C 0) CD jo CL o .i j CD CD cu 0 m *� X --� CD ,D mCD o o � - (�D CD CD � r Jr �l • s' w � • tip' ` � o 41t_ JuL Sit-" _ s t End of Site Location Maps CITY OF ._ FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan City Council Devin Howland, Director of Economic Vitality THRU: Alison Jumper- Director of Parks and Recreation Ted Jack- Parks Planning Superintendent FROM: John J. Scott - Urban Forester DATE: February 22, 2022 SUBJECT: Forestry Assessment, Parcel -765-15312-001- 17 Acres STAFF MEMO BACKGROUND: Devlin Howland asked for a Forest Assessment report for parcel 765-15312-001. Urban Forestry Staff has reviewed the parcel's history and found that as recently as 2003, the majority of the 17-acre parcel was maintained as an agricultural field. Aerial imagery shows the .72 acres of forest in the south as agriculture until around the year 2000. However, aerial images show parts of the 4.3 acres of forest in the northwest portion of the property as forests in 1965. Fayetteville, AR Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Hogbox is to the south and west of the property and; the City of Fayetteville owns the property to the north. The 3.3 acres to the northwest of the property is owned by Mark Henry, and Black Hills Energy Arkansas Inc owns the parcel to the east. SITE VISIT: Staff utilized the open field and a small road running along the north side of the parcel to access the site. Evidence of typical animals was found and seen during the site visit. Deer, coyote, raccoon, and other mammals are typically found in areas like this, and evidence of all three and many more was seen during the site visit. A few typical bird species such as crows, blue jays, and red tail hawks were observed during the site visit. FOREST: The parcels have two pockets of forests; a small .72 acre forest located on the south portion of the parcel and directly west of the pond. The other forest is 4.3 acres and is located on the northwest part of the site. Small Forest- Aerial imagery shows the small .72 acres forest is around 21 years old, which in terms of forestry, is not very old. The trees consist of smaller 8-inch to 12-inch DBH (Diameter at Breast Height, industry -standard tree measurement) trees about 20-30 feet tall. Cedar is the dominant pioneer species of tree in this small forest. Pioneer species are hardy species that are the first to colonize barren environments. Large Forest- The 4.3 acre larger forest contains a mixture of significant trees, stands of pines, and pioneer species. Aerial imagery shows parts of this forest as young and other portions much older. Fayetteville, AR The significant trees on site are large mature oaks, with the largest having an approximate 45" DBH and several others approaching 40" DBH, which is significant. The oaks are scattered through the middle of the site. Significant large species of trees are considered anything over 18" inch DBH. A stand of mature shortleaf pine (Pinus echinata) trees is located in the south portion of the site. These pines are 24" DBH, or larger, and shortleaf pines are the only native pine to northwest Arkansas. Shortleaf pines are better suited to our region; however, they have significantly declined across most of their native range. The decline in species is due to other pines growing faster and being more valuable in the timber industry and loss of forested lands to development. This stand of pines is significant and uncommon. The 4.3-acre forest contains several pockets of invasive species, cedar trees of various sizes, and small loblolly pines. Both forests benefit our environment in carbon sequestration, animal habitat, collecting air pollutants, stormwater mitigation, and other typical forest benefits. CONCLUSION: The 4.3 acres of forest on the northwest corner contains several significant trees and a unique stand of shortleaf pine trees; both are considered high preservation priorities. The smaller .72 acres on the southern portion are considered a low preservation priority. The tree preservation requirements for 1-1 zoning are 15% of the site, which is 2.57 acres of the 17.1 acres parcel. The 4.3 acres can serve as the preservation requirements for the site. On 02- 22-2022, urban forestry staff conducted a site visit with Cameron Clark of Bennett Commercial Real Estate to show the potential for the 4.3 acres to preserve while still creating the necessary infrastructure for a future business. Staff also showed Cameron the potential of the forest as a natural park -like amenity to the owner and employees. ATTACHMENTS: Maps showing the history of the property. Current 2003 1980 1965 Fayetteville, AR Fayetteville, AR Forest 1980e 1965 .� `�ykl It- i 7,f �{ f ,j CITY OF FAYETTEVILLE . ARKANSAS TO: Mayor Lioneld Jordan Devlin Howland, Director of Economic Vitality THRU: Alison Jumper- Director of Parks and Recreation Ted Jack- Parks Planning Superintendent FROM: John J. Scott - Urban Forester DATE: January 14, 2022 SUBJECT: Forestry Assessment, Parcel-765-16578-001- 19 Acres STAFF MEMO Devlin Howland asked for a report on the green area (Forest Assessment) for parcel 765- 16578-0001. BACKGROUND: Urban Forestry Staff reviewed the parcel's history and found that as recent as 2000, the majority of the 19-acre parcel was a maintained agriculture field. Fayetteville, AR 2M21 Tree Preservation Easement shown in green�,I r y ;0� i • -- I A 'ttevrlle Sewer p g,-, Bright Investments r.^F..ayetteville-13.1 ` Z_. Parcel aerial imagery in 2021 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The adjacent undeveloped property to the north is similar and contains a drainage pond. The Fayetteville Sewer and Water offices lie directly to the west. The City of Fayetteville owns the adjacent 13.1 acre property to the east and south. The forest on the 13.1 acres is a much older forest. The property adjacent to the northeast is owned by Bright Technologies and is placed in a tree preservation easement, shown in green. SITE VISIT: Staff utilized the utility clearing that runs along the parcel's east, north, and south sides to access the site. Evidence of typical animals was found and seen during the site visit. Deer, coyote, raccoon, and other mammals are typically found in areas like this, and evidence of all three and many more was seen during the site visit. A few typical bird species such as crows, blue jays, and red tail hawks were observed during the site visit. FOREST: The parcels forest is 21 years old, which in terms of forestry is not very old. The oldest trees on the site are along the remnant fence row and scattered on the south border of the parcel. These two areas contained significant trees on this site. The rest of the parcel consisted of smaller 8- inch to 12-inch DBH (Diameter at Breast Height, industry -standard tree measurement) trees about 20-30 feet tall. The trees that have grown since 2000 are pioneer species of trees. Pioneer species are hardy species that are the first to colonize barren environments. Typical pioneer tree species are black locusts, honey locusts, Bradford pears, sweetgum, black cherry, and eastern red cedars. Invasive species such as bush honeysuckle, privet, and Bradford pears are also dominant pioneer species found on site. The significant trees along the fence row consisted of hackberry, bois d'arc, black gum, and cedar trees. This young forest benefits our environment in the forms of carbon sequestration, animal habitat, collecting air pollutants, stormwater mitigation, and other typical forest benefits. SOILS: The parcel is also located on hydric soils, which means the soil is saturated, flooded, or ponding occurs. The West Fork of the White River is .78 miles to the east of the parcel. Town Branch is .45 miles north of the parcel. A drainage channel runs along the east side of the parcel and drains into the West Fork of the White River. CONCLUSION: The 19-acre parcel has a few significant trees worth preserving along the remnant fence row that runs through the middle of the property and a few along the southern property line. Overall, the forest is low quality because it is a very young forest dominated by pioneer species and invasive species understory. ATTACHMENTS: Maps showing the history of the property. Fayetteville, AR 1994 a' F r r r 111312022, 2:26:24 PM 1:4,890 0 0.04 OM 0.16 mi Right -of -Way Private Avigativn Easement AWTD RR Drainage Easement 0 0.05 0.1 0.2 km Farmington Springdale Conservation Easement Fayetteville Uni versity of Arks n5as Landscape Easement unanouwmrm dumbmelra rvFarleoerYaw mcnmicp mnea Goshen cawradco GewodmraIrMe°a ,Wmsmsbsyam,d no pw& moles n . My ¢se of We data by anyuie oWv 11on de Cilr d Fa�xtlerl! e M We tole da0. of M ! Washington County Sidewalk Easement arm: are °r aaema^ca m mac daze, Ina ace, ores Tareby area m mcamrvy me na ar F'Mwlla aid hdd'ho Cey of Fayem,.wil¢ harnl¢sr %— _¢d Atbblkry i r ay Greenland General Utility Easement Trail Easement Helms, admnc. mernr o—go. or any cawre. loading Ire crye meimdal—. a Md 'Y usm a py ennr�er M'M 'tom 1ho use of ihls dNa ]rye Ciy d FayelleNiq makes n° epiess ¢, hrWl� "a,bmer7 Mtn rercre„� m u,e data. n¢.are. r—, « dare mu,e Johnson Access Easement Tree Preservation Easement - d an ❑a `omvoeom "ate 111312022, 2:24:47 PM 1:4,890 0 0.04 0.06 0.16 mi Right -of- t y Private AHTD RR I Farmington Springdale Fayetteville U ni versity of Arks nsas. Goshen Washington County Greenland General Utility Easement Johnsan Access Easement Avigation Easement Drainage Easement Conservation Easement Landscape Easement Sidewalk Easement Trail Easement Tree Preservation Easement 0 0.05 0.7 0.2 Km me dale crntalred herein was oompia0 kom uarqua apuices Mr [Ire ede use eM aenem o' na CAr d FayetleAra Geographic Irdprmetbn Srsram and ne oubllc apancbs rt wxeG. A y ire er be darn by an .- He tlen t City 4 Fayererile a nt be fok HA a the —: eltl by a p1wee 0 thk nia. the user dose bereby array 0 Indemr✓y Me City ar Fayttp jiold hold tiq Cey of Faynmrwile h.+.rl. Nm antl MM-L Ubriry i r aiy tlelme, ep-mai...eg.a or eny—raIndudkg Ile cry, mai or defence, eafered ay usm w qy anxaer'WK'-1Ho wa f ihls dN The Cq d FayaneNib makes no —p-- replied war-.n— Mu — m ne d— r mod, ph,.. t Ir Mae be cornlrued to wane Vet W unmu ear ram uiAer Ari,—feat. 4 Fayetteville, AR 2�11 111312022, 2:23:52 PM 1:4,890 0 0.04 US 0.16 mi Right -of -Way Private Avigativn Easement AWTD RR Drainage Easement 0 0.05 0.1 0.2 km Farmington Springdale Conservation Easement Fayetteville Uni versity of Arks n5as Landscape Easement unanouwmrM dumbmena rvFarlaoarYaw mcnmicp mnaa Goshen cawradco GawodmraIrMeoa iWmsmsbsyamnd no Purim � WI My use M We dery by anyuie oWv 11on the Cilr d Fa�xtlerl! e M We tole de0. of M ! Washington County Sidewalk Easement aa�: aro y aaema^ca m mac daze, rre a¢a, ooe¢ array area m mcamrvy me as ac FayNeNll¢ aid hdd tho Cey of Fayem,.wil¢ harnlesr %— rW rAtbblkry i r — Greenland General Utility Easement Trail Easement Helms, aWene.me, oamsgea or any ^a�dra.Induding IM cye eoermdalenee, a Md 9Y usm a py Hoover M'2 'iom ft use i lhls dNa ]rye Cly d FayelleNiq makes no &P— o, hrWl� "a�bmer7 Mtn rcr..e„� m u,e d- Ha .are. rh,a¢e, « dare mu,e Johnson Access Easement Tree Preservation Easement -- ❑a ""oeom "ate 5 111312022, 2:21:16 PM 1:4,890 0 0.04 0.08 0.16 mi Right -of -Way Private AWTD RR Farmington Springdale Fayetteville U ni varsity of Arks nsas Goshen Washington County Greenland General Utility Easement Jorhnson Access Easement Avigativn Easement 0 0.05 0.1 0.2 km Drainage Easement Conservation Easement Landscape p hies&aconalreerkveNwm mmprea Hom uaMusaoumaemrrlm adeuaeaim ba e�of Re system ,d nc pall¢ e9 We rt sates. My ¢se M We ders by anyuie oNv 11on de Cil� d Fayxtlerl! e M Me tole da0. of M Sidewalk Easement aa�: aro aaema^� m ma daze, 1ne ass, Does reran, area m maamrvy me as & F"' Wll¢ aid hdd tF Cey of Fayem,.wil¢ horniest f¢m rW rAtbbriry i r — Trail Easement Helms, adbne. ma['or oam�ea or any nawre. Indudine IM srya eoe[nfdelence,—Md by usm a py ern W adstnd'iorn ft use of ihls dw yhe Ciy d FayelleWi4 makes no 0rpieu ¢, u,{Ni� "arxnleer "iN rchrv,ce L7 ure dale. rb wIXd, rh,ase, « Flax f¢i.ne Tree Preservation Easement Tael� dran ❑a `omvaevm "ate °�` mn unmanxr ee'i°r'n „¢n°rnrxansae �". 0 End of Urban Forestry Reports Estimated Market Value Analysis Preface: This information was compiled at the request of Council Member Scroggin during the February 15, 2022 City Council Meeting. Most Recent City -Owned Commerce Park Land Sales: 765-16578-002, Duke Technologies, 2020 for $16,000 per acre (five -acre site with road frontage). Estimated Market Value Comparative: The following assessment was developed using the Washington County Accessor's Office's website, land value was derived from the Estimated Market Value section of actDataScout: • 765-15312-000, 2900 S. City Lake Road, Land Only, ($425,900/ 23.06 acres= $18,469 per acre); • 765-16574-000, 3657 E Leawood Way, Land Only, ($303,500/ 14.90 acres= $20,369); • 765-15278-000, 2200 S Industrial Drive, Land Only, ($269,450/ 12.63 acres= $21,334); • 765-19960-000, 1601 E Pump Station Road, Land Only, ($301,250/ 14.75 acres= $20,423.72); • 765-19961-000, 9920 Corporate Campus Drive, Land Only, ($270,200/12.68 acres= $21,309); • 765-19958-001, 2757 S Armstrong Ave, Land Only, ($188,750/ 7.55 acres= $25,000); • 765-19958-000, 2501 S Armstrong Ave, Land Only, ($680,000/ 40 acres= $17,000); • 765-19954-000, 2700 S Armstrong Ave, Land Only, ($781,100/ 46.74 acres= $16,711); • 765-19959-000, 1901 E Borick Drive, Land Only, ($544,850/ 30.99 acres= $17,581); • 765-19952-000, 2365 S Armstrong Ave, Land Only, ($435,650/ 23.71 acres= $18,374); • 765-19963-000, 1650 E Pump Station Road, Land Only, ($102,350/ 4.093 acres= $25,006); • 765-16568-000, 1248 E Pump Station Road, Land Only, ($246,500/ 11.1 acres= $22,207); • 765-15152-000, 1860 S Morningside Drive, Land Only, ($230,000/10 acres= $23,000); • 765-16567-000, 1144 E Pump Station Road, Land Only, ($257,000/ 11.8 acres= $21,779); Many of the mentioned properties were reviewed by Public Works since they are in the process of actively securing right-of-way on a parcel for the upcoming Industrial Drive extension project. Public works has also ordered an appraisal on Parcel 765-15312-002 which we have been told will be completed before the end of February. This parcel is immediately to the west of the Development Site and fronts S. City Lake Road. Upon receipt of the upcoming appraisal for the adjacent property, staff will provide that information to the City Council. HAMBER FAY ETTEVILL February 24th,2022 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan and City Council, The Fayetteville Chamber of Commerce is always seeking to help projects that support our mission of advocating for a strong business climate on behalf of our membership. The Fayetteville Chamber is once again writing to support the expansion B-Unlimited, believing it will foster a larger workforce and positive economic impact. The Chamber supports this land sale agreement believing that given B-Unlimited's track record of excellence and growth, they will continue to support the City of Fayetteville's economic development goals. B-Unlimited has built a strong reputation of successful management and we believe their experience speaks to their ability to facilitate a seamless and quality transition and provide affordable services that are in high -demand. The Fayetteville Chamber of Commerce has full faith and confidence in supporting B- Unlimited's proposed expansion into the Commerce District. We are excited at the prospect of supporting a premier expansion and our region looks forward to seeing the amazing impacts it will bring. Respectfully Yours, Steve Clark President/CEO Fayetteville Chamber of Commerce 21 West Mountain St. #300 * P.O. Box 4216 * Fayetteville, AR 72702-4216* TEL 479. 521. 1710 * FAX 479. 521.1791 * www.fayetteviIlear.com Doc ID. 020613940021 Type. REL Kind: EASEMENT Recorded: 06/24/2022 at 10:09:31 AM Fee Amt: $115.00 Paqe 1 of 21 Washinqton County, AR Kyle Sylvester Circuit Clerk File2022-00021251 CONSERVATION EASEMENT This CONSERVATION EASEMENT made this 10 day of J wjE , 2022. RECITALS: A. B-Unlimited, Inc., ("Grantor") is the owner in fee simple of certain real property, (the "Protected Property") that is described on Exhibit "A" that is attached hereto and incorporated by reference herein, and which constitutes approximately 2.04 acres, is undeveloped and has ecological, scientific, educational and aesthetic value in its present undeveloped state. B. The Protected Property is a significant natural area that qualifies as a "...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96- 541, 26 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder. More specifically the Property is other aesthetically pleasing and beneficial and is in an area of the City of Fayetteville that is rapidly being transformed into commercial and industrial developments. C. The condition of the Protected Property as of the date of this grant is documented in a Baseline Documentation Report (Exhibit B), prepared by the Grantor and signed and acknowledged by the City of Fayetteville, Arkansas ("Grantee"). D. The Grantor and Grantee have the common purpose of conserving the Protected Property in perpetuity as set forth below, and the State of Arkansas has authorized the creation of conservation easements pursuant to the Arkansas Conservation Easement Act, codified at § 15- 20- 401 et seq., and Grantor and Grantee wish to avail themselves of the provisions of that law. E. The Grantor and Grantee believe that conserving the Protected Property in perpetuity as set forth below would provide a significant open space for the scenic enjoyment of the general public, which would provide a significant public benefit, pursuant to 26 USC 170(h)(4), and the regulations promulgated thereunder, particularly in light of the increasing urbanization of the properties surrounding the Protected Property and other property that is subject to conservation easements in the area which together provide a greater benefit to the public than any single tract would alone. NOW, THEREFORE, the Grantor, for and in consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift with no consideration, hereby gives, grants, bargains, sells and conveys unto the Grantee a Conservation Easement in perpetuity over the Protected Property of the nature and character as follows: Page 1 1. Purpose. The purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its present condition as of the date this Easement was granted, except for limited access by employees and invitees of the Grantor, or its successors or assigns, as set forth more fully below; to protect the plants, animals, or plant communities on the Protected Property; and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values or interests of the Protected Property described above. The Grantor intends that this Conservation Easement will restrict the use of the Protected Property to only such activities as are consistent with the purpose of this Conservation Easement. 2. Prohibited Uses. Any activity on or use of the Protected Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except as provided in paragraph 3 below: 2.1 No Construction. There shall be no constructing or placing of any buildings, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee for appropriate management), asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower (including but not limited to cellular telephone), conduit, line, sodium vapor light or any other temporary or permanent structure or facility on or above the Protected Property. This shall not prevent the installation of minor recreational amenities such as, but not limited to, picnic tables and hammocks. 2.2 No Excavation. There shall be no ditching, draining, diking, filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of roads or change in the topography or surface hydrology of the Protected Property in any manner, except as necessary to construct a soft surface walking and biking trail around the Protected Property or as necessary to meet any stormwater management and drainage requirements in connection with the Grantor's development of the parcel. 2.3 No Cutting. There shall be no removal, harvesting, destruction or cutting of trees, shrubs or plants, planting of trees, shrubs or plants, use of fertilizers, plowing, introduction of non-native animals, grazing of.domestic animals, or disturbance or change in the natural habitat in any manner, except Grantor may, as set forth more fully below, periodically remove dead trees, limbs, vegetation, etc., as reasonably necessary for long-term preservation of the Protected Property, and except as necessary to construct a soft surface walking and biking trail around the Protected Property or as necessary to meet any stormwater management and drainage requirements in connection with the Grantor's development of the parcel. Page 2 2.4 No Dumping. There shall be no storage or dumping of ashes, trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste, nor any placement of underground storage tanks in, on, or under the Protected Property; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Protected Property or on adjacent property, if owned by the Grantor, that could cause erosion or siltation on the Protected Property. 2.5 No Pollution. There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Protected Property or on adjacent property, if owned by Grantor, that would be detrimental to water purity or that could alter the natural water level or flow in or over the Protected Property. 2.6 No Vehicles. There shall be no operation of snowmobiles, dune buggies, motorcycles, all -terrain or off -road vehicles, hang gliders, aircraft, jet skis, motorized boats or any other types of mechanized vehicles, except as required to maintain the Protected Property. 2.7 No Subdivision. The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. 2.8 Density. Neither the Protected Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferrable development rights, scheme cluster development arrangement or otherwise; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Protected Property. 3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. 3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Protected Property, provided such conveyance is subject to the terms of this Conservation Easement. 3.3 Diseased Trees. The right to cut and remove dead, diseased, or exotic trees, Page 3 shrubs, or plants and to cut firebreaks at Grantor's discretion. 3.4 Utility Easement. The right to construct and maintain one or more utility easements through the Protected Property to provide any utilities (in the broadest sense of the word) to any property located outside of the Protected Property. 3.5 Grantor's Access. The right to allow the Grantor and its guests and invitees to continue to access the Protected Property from time to time as it may determine in its discretion. 3.6 Certain Third Party Access. The right to grant written permission to certain non- profit third parties such as, without limitation, the University of Arkansas, school districts, City of Fayetteville, etc., and the right for those entities and their employees, students, etc. to access the Protected Property, for educational uses that do not unreasonably interfere with the purpose of this easement. 3.7 Enforcement. The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that Grantee has the same right and obligation. 3.8 Cut Wood. The right to cut wood from time to time as long as it does not substantially alter the Protected Property. 4. Grantee's Rights and Obligations. To accomplish the purpose of this Conservation Easement, subject to the remaining terms set forth herein, the following rights are conveyed to the Grantee by this Conservation Easement: 4.1 Right to Protect. The right to preserve and protect the conservation values of the Protected Property. 4.2 Right of Entry. The right to enter the Protected Property at all reasonable times for the purposes of: (a) inspecting the Protected Property to determine if the Grantor is complying with the covenants and purposes of this Conservation Easement; (b) enforcing the terms of this Conservation Easement; (c) taking any and all actions with respect to the Protected Property as may be necessary or appropriate, with or without order of court, to remedy or abate violations hereof; (d) making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Protected Property by the Grantor; and (e) monitoring and management as described below. 4.3 Monitoring and Management. The right, but not the obligation, to monitor the condition of any rare plant and animal populations, plant communities, and natural habitats on the Protected Property, and to manage them, to the extent deemed appropriate by the Grantee to ensure their continued presence and viability on the Protected Property. Such activities shall be in accordance with management practices of the Grantee, which Page 4 may include but not be limited to, mowing, fencing, trapping, or prescribed burning. 4.4 Enforcement. The right and obligation to prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Conservation Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 10. 4.5 Discretionary Consent. The Grantee's consent for activities otherwise prohibited under paragraph 2 above, or for any activities requiring Grantee's consent under paragraph 3 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in paragraph 2 are deemed desirable by both the Grantor and the Grantee, the Grantee may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and permission for activities requiring the Grantee's consent under paragraph 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow the Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Grantee may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to agree to any activities that would result in the termination of this Conservation Easement or to allow any residential, commercial or industrial structures or any commercial or industrial activities not provided for above. 4.6 Annual Inspection and Report. The right, but not the obligation, to inspect the Protected Property at least annually and prepare an annual report regarding the results of the inspection, including any significant changes to the Protected Property or violations of this Conservation Easement, and any action that will be taken in response thereto. A copy of each annual report, if prepared, will be maintained at City Hall and a copy will be mailed to the fee owner of the Protected Property. The City shall provide notice to B- Unlimited at least seven (7) days in advance of any annual inspection. 5. Access. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Protected Property or any portion thereof. 6. Costs and Liabilities. The Grantor and its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including without limitation all trails located thereon, and it shall make all decisions regarding these issues at its sole discretion; provided that Grantor shall keep the Grantee's interest in the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by the Grantor. Each party agrees to release and absolve the other from any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that one party may Page 5 suffer or incur as a result of or arising out of the activities of the other party on the Protected Property, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 7. Taxes. The Grantor shall pay any real estate taxes or other assessments levied on the Protected Property. 8. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; that the Protected Property is free and clear of any and all encumbrances, including but not limited to, any mortgages not subordinated to this Conservation Easement, and that the Grantee shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement. 9. Hazardous Waste. The Grantor covenants, represents and warrants to the Grantee that no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Protected Property, and that there are not now any underground storage tanks located on the Protected Property. 10. Grantee's Remedies. If the Grantee becomes aware of a violation of the terms of this Conservation Easement, the Grantee shall give notice to: (a) the person(s) responsible for the violation, and (b) the Grantor or the fee owner of the Protected Property if Grantor is no longer the owner (hereafter the "Owner"), at the Owner's last known post office address, of such violation, and request corrective action sufficient to abate such violation and restore the Protected Property to its previous condition at the time of this grant. Grantor agrees that the Baseline Documentation Report shall be deemed to provide objective information concerning the Protected Property's condition at the time of this grant. Failure by the responsible party to abate the violation and take such other corrective action as may be requested by the Grantee within thirty (30) days after receipt of such notice shall entitle the Grantee or Grantor to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the property to its previous condition; to enjoin the non- compliance by ex parte temporary or permanent injunction in a court of competent jurisdiction; and/or to recover any damages arising from the non-compliance; provided however that Grantor shall in no way and under no circumstances be responsible for any damages. Such damages, when recovered, may be applied by the Grantee only to corrective action on the Protected Property. Grantee shall be entitled to recover its attorney's fees and costs in any successful action to enforce the terms of this Conservation Easement, or the violation thereof, against anyone but Grantor. The Grantee does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act and the Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by the Grantee, its successors or assigns, in acting to enforce any restriction or exercise any rights under this Conservation Easement. Page 6 11. Parties Subject to Easement. The covenants agreed to and the terms, conditions, and restrictions imposed by this grant shall not only be binding upon the Grantor but also its lessees, agents, personal representatives, successors and assigns, and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the Protected Property. No third party right of enforcement exists. Only the Grantee and/or the Grantor can enforce this Conservation Easement. 12. Subsequent Transfers. The Grantor agrees that the terms, conditions, restrictions and purposes of this grant or reference thereto will be deemed to be contained within any subsequent deed or other legal instrument by which the Grantor divests either the fee simple title or possessory interest in the Protected Property; and the Grantor further agrees to notify the Grantee of any pending transfer at the time of the transfer or within a reasonable time thereafter. 13. Merger. The Grantor and the Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Protected Property. 14. Amendment. In the event that the property is affected by unusual and unforeseen circumstances and conditions, Grantor and Grantee by mutual consent may amend this easement; provided that the amendment is not inconsistent with the conservation purpose of this easement; will not result in a net degradation of the conservation values of the property; will not affect the enforceability of the easement; and is accomplished in compliance with any applicable state statute and with section 170(h) of the Internal Revenue Code and all regulations applicable thereto, as they may be in effect at the time. Any such amendment shall be recorded in the official land records where the Protected Property is located. 15. Assignment. The Grantor may assign its interest hereunder by selling the fee interest in the Protected Property. The Grantee may not assign its interest hereunder without the express written consent of the fee owner of the Protected Property; provided that only those entities that are qualified organizations as that term is deemed in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, that is organized and operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code, shall be permitted, and the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance. 16. Extinsuishment. The Grantor hereby agrees that, at the time of the conveyance of this Conservation Easement to the Grantee, this Conservation Easement gives rise to a real property right, immediately vested in the Grantee, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the property as a whole at that time, as the same are set forth on Exhibit "C" that is attached hereto and incorporated by reference herein. That proportionate value of the Grantee's property rights shall remain constant and as set forth on Exhibit "C." When a change in conditions takes place which makes impossible or impractical any continued protection of the Protected Property for conservation purposes, and the restrictions Page 7 contained herein are extinguished by judicial proceeding, the Grantee, upon a subsequent sale, exchange or involuntary conversion of the Protected Property, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the Conservation Easement as set forth on Exhibit "C." The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem," as that phrase is used in and defined under 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder. 17. Eminent Domain. Whenever all or part of the Protected Property is taken in exercise of eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor and the Grantee shall join in appropriate actions at the time of the taking to recover the full value of the taking and all incidental or direct damages resulting from it, and the proceeds shall be divided in accordance with the proportionate value of the Grantee's and Grantor's interests as of the date this Easement was granted, and Grantee's proceeds shall be used as specified above. All expenses incurred by the Grantor and the Grantee in such action shall be paid out of the recovered proceeds. 18. Miscellaneous Provisions. 18.1 Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 18.2 Successors and Assigns. The term "Grantor" shall include the Grantor and the Grantor's heirs, executors, administrators, successors and assigns and shall also mean the masculine, feminine, corporate, singular or plural form of the word as needed in the context of its use. The term "Grantee" shall include the City of Fayetteville, Arkansas, and its successors and assigns. 18.3 Re-recording. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement; for such purpose, the Grantor appoints the Grantee its attorney -in -fact to execute, acknowledge and deliver any necessary instrument on its behalf. Without limiting the foregoing, the Grantor agrees to execute any such instruments upon request. 18.4 Captions. The captions herein have been inserted solely for convenience of reference and are not a part of this Conservation Easement and shall have no effect upon construction or interpretation. 18.5 Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. Page 8 18.6 Notices. Any notices required in this Conservation Easement shall be sent by certified mail to the following address or such address as may be hereafter specified by notice in writing: If to Grantor: B-Unlimited, Inc. Attn: Ben Clark 2291 S School Ave Fayetteville, AR 72701 If to Grantee: City of Fayetteville, Arkansas Attn: Office of the Mayor 113 W. Mountain Fayetteville, AR Fayetteville, AR 72701 TO HAVE AND TO HOLD, the said Conservation Easement unto the said Grantee forever. IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year first above written. B-UNLIMITED, INC. W RE .-iram Printed Name: c Title: Pr�S d' T' art Date: 'lAnc: I D , ZaZ Z Page 9 1lL16IM1111-19a 11- ►`" STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Ben Clark, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the C k v- l-- of B-Unlimited, Inc., and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this (y day of JV ✓y L— 92022. ,,,„,,,,,, I , , , o "�jRA Pp �0TARy' ��— PUBLIC (42�Public cn ' 12714730 05. �''••.,�°Ncou;P My Commission Expires. US Cb 3 Page 10 ACCEPTANCE The undersigned does hereby, on behalf of the City of Fayetteville, Arkansas, consent to and accepts the interest and Conservation Easement granted and conveyed to it under and pursuant to the foregoing grant and agrees to observe and perform all obligations imposed on it thereunder. In consideration of the making of such grant of Conservation Easement, the undersigned further agrees as follows: 1. That should it or its successors or assigns acquire the fee simple interest in and to the Protected Property, it shall not cause or permit the merger of such fee simple interest and the Conservation Easement; 2. Not to release the Conservation Easement to the holder of the fee interest unless such holder is an agency of the State of Arkansas, a unit of local government or a not -for -profit corporation or trust whose primary purposes include the conservation of land, natural areas, open space or water areas, or the preservation of native plants or animals, or biotic communities; and 3. That any subsequent conveyance of the Conservation Easement by it or its successors and assigns shall be in accordance with the terms of an Act relating to Conservation Rights in Real Property, Act 567 of 1983, as set forth at A.C.A. § 15-20-401 et seq., as such Act may be amended from time to time, and shall not be in exchange for money, other property or services, but shall be for no consideration and each instrument of subsequent conveyance shall expressly set forth the same requirements. The undersigned agrees that this acceptance and its covenants and agreements hereunder shall be binding upon the undersigned and its successors and assigns. CITY OF FA)'ETTEVILLE, Date: f o —W — ATTEST: %-0111111 / 111 1 #i : G1T Y 0'�.'9Jp ZOO By: : FAYETTEVILLE:�� Kara Paxton i Clerk Trea urer5�% • .v Page 11 �''4�Gr NC ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 1�tti day of 37U he , 2022. oJilnnu1,f N R 0�� i 00TARyfo: Notary Public �vJ,•��pU60 gam: '�tiy •;R 6_lp2°.4�.` My Commission Expires: CqJ D—Z Page 12 Exhibit "A" Legal Description of Protected Property Page 13 SURVEYDESCRIPTIONOFCONSERVATION EASEMENT Abortion of the Adjusted Lot 13 of the Favetteville industrial Park West Replat as recorded in File No. 2004-00012961, being a Replat of the Final Plat of Favetteville Industrial Park West as recorded in Piot Book 10, Poge 17 (10-17), being a portion of o called for 20J2-acre tract of land as granted to The City of Fayetteville, Arkansas, a municipal corporation as recorded in Deed Book 1422, Page 307, lying in the North Holf (N1/2) of the Southeast Quarter (SE114)of Section 27, Township 16 Nbrth, Ranqe 30 West, Washington County, Arkansas, being more particularly described as follows: COMMENCING of a r,-inch rebar found at the most southerly southwest corner of said Adjusted Lot 13 THENCE olong the south line of said Lot 13, South 86°5555° Eas* 345.05 feet to a found 5/8-inch rebar for the southwest cornier of said Lot 13; THENCE departing sold south Ime and along the east line North 07°31'04 " East, 55.64' to the POINT OF BEGINNING; THENCE over and across said Lot 13 the following three f3) calls: 1. North 86°55'55'West, I60.69feet• 2. North 03°04'05' East, 342.28 feet; 3. South 83°4715' East, 385.61 feet to a point on the east line of said Let 13, THENCE along said east Irne south 40°05'53" West, 369.10' to a found 5/8-inch rebar with cap stamped '1151666'; THENCE South 07"31'04" West, 2655 feet to the POINT OF BEGINNING containing 89,056 squore feet or 2.04 acres of lord more or less. NOTES: 1. Basis of Bearings: Ali bearings shown hereon are grid based on Arkgnsos State Plane Coordinate System, NAD83, North Zone as established by a Static observation processed through OPUS. 2. This map is not representative of o boundarysurvey. no boundary research or retracement was performed, and any property tines that may be shown hereon are f or reference purposes only. IM CEI Sa(utla+�c irir iaod and ef,.vaxAc AP rru Pxp+f aarq zrssnn ,.. .FN9F�pT5�q iEfUW rMtwAr ylff Im w°af°ius>n ee i a> aPiNMIlhalPMt a1plY]fa v, c Y 4 0 V C O C_ Q +' 3 t a w D 0 �— v : E . (U o N W-i t U Y m"iv aPptsw,a a PfCOFG aaafn reswax fw)gRf:UM1bfP ]]®9 ran aesrmzz E5MT EX OE54 SHEET TITLE SHEET NUMBER 1 of 2 Legend 1,12"REBAR Adjoining Boundory Line SUBJECT TRACT ----- Easement Line Fayetteville Industrial Park West ................. ._ Grade Break Line Adjusted Lot 13 . Found Monument (As Noted) File #2004-00012961 TOP OF Parcel #765-15312-001 BANK CS City of Fayetteville n Deed Bk. 142Z Pg. 307 r — — ss3 4>Is'F 385.61 Zone: 1-2 I ; TOP OF BANK CONSERVATION W TOP OF ESMT. 89,056 Sg.Ft± or 2.04 Ac. ± CONCRETE SPILLWAY g BANK. FFF t ) `� {( POND AREA WITHIN THE TOP OF -• h a E TOP OF BANK BANK Z m 68,850SO, FT.± (� C. w I 0 80, 11Q` 160' CONCRETE FLUME o I e� \ TOP RANK SCALE IN FEET z Top OF BANK h(0�, OF CREEY, / 0 PARCEL #765-15311-000 I 0 ! BLACK HILLS ENERGYARKANSAS !NC. ' DEED BK 2019 PG 26232 -OP OF 26.55' r P. O. C. 'BANK. I L—N86°55'S5"W .. 160.6.9' V.624&8.32' -- -- E:677668.17' -- P.O.B. � O S86°55'55"E 3 5.05 f M PARCEL #765-15312-000 5/B ResaR� FARRELL HOGEYE PROPERTY HOLDING CO, LLC 10 DEED AK. 2019, PG. 11568 ZONE: !-2 'RESAR MIMI 1. Basis of Bearings: All bearings shown hereon are grid based on Arkansas State Plane Coordinate System, NAD83, North Zone as established by a Static observation processed through OPUS. 2. This map is not representative of a boundary survey; and any property lines that maybe shown hereon ore for reference purposes oniy. CEI Solutions far Land and Ufe r�ro'a.ra�yswn Nnl�noa+ WNRUIF+IRSrIPMti00fI5 W s+owrrtew vrrt io ous mi+ MpR � TY 9. w.+xa.x ron wecru nR+iwrec+nmsr 9 C y a` c 'o v c cA s 3 t a C--¢ CU > (0 r U W A iD r,wrexaw� DF9Brt4 wwaxuuer° nos ESMT EX SHEETTaLE SHEET NUMUR. 2 aE 2 T Exhibit `B" Baseline Documentation Report FROM: John J. Scott - Urban Forester, City of Fayetteville SUBJECT: Forestry Assessment, Parcel 765-15312-001 Pond Located Urban Forestry staff was asked to conduct a forest assessment for the pond area on parcel 765-15312-001. The pond is located on the south side of the lot. The pond and surrounding area are proposed to be in a conservation easement. BACKGROUND: This assessment looks at the general condition of the forests, age, species profile, and health of the forests. Information about hydrology, wildlife habitat, and the history of the lands is included in the assessment. The assessment is created with GIS aerial images and information gathered during several site visits. Exhibit I- Overall site with highlighted proposed conservation easement Page 16 L eger�d SURiECT TRAL7 - =mlmmt L,nr Fayetteville industrial Pork West °" R qE I — Adjusted Lot 13 � oura MPnL,—f fAs Nated) File #2004 00012961 aP Parcei#765-15311-001 3AaK ci City Of royettevi ilee u51 Deed A. 142Z Pg. 307 Zone.1.3 6ANk FSMr. 64,173E CONCRETE ipy TOP - 3 SPILLWAY P RAW tt I ,r hl PONDARCA \ �� ;n WITHIN THE TOP of 2 TOP OrM)VK RAM 64 M-VJ,, f r.. I OM L J�, 1 CONCRETE FWX<E Y+' _ rACI �I SCA:EiN F(,=• + RIP OF cP batik 1' RANK �:_- h' OFLREE! S PARcrLrres>311rx�o �. Hv4GK Nh1S ENtRu ARXJ�Y5t5. ML. DEEDB+C h�t9 Pl.;'6231 TOP OF P. (�. C 84NK iJ9` RFMR Lrro6 IY2"RC6AR �_NNb.•35_'...55`bv .. Iw?.69' ^ai r N G7dRGe.J:' NOTF3. 7 1 'kflB66.!r P.O.B. 6a<. yeta b;: AF beaHagr;aowr: ne ,wa are 9rx t rt oa ILI_r ;� A:LOR5a5 SWH Liam C"&.. eS;xlnn N4963. M.-M, one a5 _ est4bbo !d bpa Stark r.65'cvvatian p,lramed rhkA M—S. 58b'5555"E —� 345.05' P4RC£LRM4I531i�QP6 � 1 i6L5 aMpt5 nOt rt.�ye}entaNVCO<a bo✓MIaIY S:inCY JndPM FSRRELL HOGEIE PROPERryHOLlRNti CO LLC `0V U j PrCp^ lines that may be sk~ himo; arf)4+r: Efn 0LE0 6K. XI9, PS. 1ISb.R ij p+nppSH M" IR:? Exhibit 2 — Proposed Easement CEI � 1& !ae-ts '.sHLr fti.L 2 2 Archival aerial imagery shows that the pond was created between 1984 and 1990. The pond and area surrounding the pond were used as an agricultural water source and stormwater runoff. The property to the west, which contains a parking lot, drains into the pond. The area was maintained as pasture until 2000. It has since been allowed to go fallow, and the trees have been allowed to grow. Exhibit 3 Page 17 A paved stormwater inlet drains from the west property directly into the pond, and an overflow outlet is located on the northeast side of the pond. The overflow outlet flows into the stream to the east of the pond and then flows northeast into the West Fork of the White River. The paved stormwater inlet has a willow tree growing in the center of the channel. z PUfi%pt t!on Rd Fj�< W White River Par Y Y- i C W g_ E Comb Palk • -n Exhibit 4 Water Flow Page 18 s:`Tx'3 tki g a On the southwest side of the pond is .72 acres of forest. There are trees on all sides of the pond. All of the trees surrounding the pond and the .72 acres of forest adjacent to the pond are pioneer species of trees. Pioneer species are hardy species that are the first to colonize barren environments. The pioneer species at this location are cedar, willow, ash, locust, Bradford Pear, and hackberry. The trees and forest are considered poor quality, young forests with abundant invasive species. Evidence of typical wildlife was found and seen during the site visit. Deer, coyotes, raccoons, and other Page 19 mammals are typically found in areas like this, and evidence of all three and many more was observed during the site visit. A few typical bird species, such as crows, blue jays, and red tail hawks, were also observed during the site visit. Exhibit 6 Page 20 Exhibit "C" Extinguishment Value Total Sale Price: $278,280 Total Acreage: 17.46 acres Average Per Acre ($278,280/17.46): $15,938.00 Conservation Easement Acreage: 2.04 acres Extinguishment Value ($15,938 * 2.04): $32,514.00 Page 21 Washington County, AR I certify this instrument was filed on 06/24/2022 10-109:31 AM and recorded in Real Estate File Number 2022-00021251 Kyle Sylvester - Circuit Clerk by __ ,-