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-
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CITY OU(FAYETTEVILLE,
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0 100 200 400 F
Development Site
Option Site
0 General Utility Easement
O Proposed Industrial Access Easement
0 Future Industrial Drive Extension
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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
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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
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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
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0 100 �00 400 Fe j'oo
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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
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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
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later-
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-13.1
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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
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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
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Johnson
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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
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Sidewalk Easement
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no
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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
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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 �{
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,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
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r
111312022, 2:26:24 PM
1:4,890
0 0.04 OM 0.16 mi
Right -of -Way
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Avigativn Easement
AWTD
RR
Drainage Easement
0 0.05 0.1 0.2 km
Farmington
Springdale
Conservation Easement
Fayetteville
Uni versity of Arks n5as
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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°
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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.
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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
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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
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Access Easement
Tree Preservation Easement
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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
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0 0.05 0.1 0.2 km
Drainage Easement
Conservation Easement
Landscape
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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
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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
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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.
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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)
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Parcei#765-15311-001 3AaK
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Exhibit 2 — Proposed Easement
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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.
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Exhibit 4 Water Flow
Page 18
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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 __ ,-