HomeMy WebLinkAbout329-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 329-22
File Number: 2022-221
CONDEMNATION AND POSSESSION - STANLEY W. SMITH REVOCABLE LIVING TRUST:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY THE STANLEY W. SMITH REVOCABLE LIVING TRUST NEEDED FOR
THE MIDTOWN CORRIDOR PROJECT
WHEREAS, the City of Fayetteville and the Stanley W. Smith Revocable Living Trust have been unable to agree upon
a fair price for approximately 5,783 square feet of permanent easements, right-of-way and temporary construction
easements needed to complete the Midtown Corridor Project; and
WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to begin work on this
public improvement and to not delay construction of the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council for the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit
to seek court -ordered possession of property located on or near the Midtown Corridor Project and owned by the Stanley
W. Smith Revocable Living Trust, that is needed for right-of-way or other easements for the Project, and to pay into the
registry of the Circuit Court just compensation in the amount of $50,000.00.
PASSED and APPROVED on December 20, 2022
Approved:
Attest:
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Kara Paxton, City C crk Treasure
Page 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p (479)575-8323
Text File
File Number: 2022-1127
Agenda Date: 12/20/2022 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C.5
CONDEMNATION AND POSSESSION - STANLEY W. SMITH REVOCABLE LIVING
TRUST:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY THE STANLEY W. SMITH REVOCABLE
LIVING TRUST NEEDED FOR THE MIDTOWN CORRIDOR PROJECT
WHEREAS, the City of Fayetteville and the Stanley W. Smith Revocable Living Trust have been
unable to agree upon a fair price for approximately 5,783 square feet of permanent easements,
right-of-way and temporary construction easements needed to complete the Midtown Corridor Project;
and
WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to begin
work on this public improvement and to not delay construction of the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council for the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Midtown
Corridor Project and owned by the Stanley W. Smith Revocable Living Trust, that is needed for
right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $50,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 1212112022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-1127
Legistar File ID
12/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/30/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession of certain land owned by the Stanley W. Smith Revocable Living Trust necessary for the
Midtown Corridor Project.
4602.860.7218-5805.00
Account Number
46020.7218.1020
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Street Project 2019 Bonds Fund
Fund
Midtown Corridor
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$
136,270.00
$
3,500.00
132,770.00
$
50,000.00
$ 82,770.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 20, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: November 29, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek
condemnation and an order of possession of certain land owned by the
Stanley W. Smith Revocable Living Trust necessary for the Midtown
Corridor Project.
RECOMMENDATION:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek
condemnation and an order of possession of certain land owned by the Stanley W. Smith
Revocable Living Trust necessary for the Midtown Corridor Project.
BACKGROUND:
The Midtown Corridor is a project in the 2019 Transportation Bond Program and includes
several different components. The corridor is 2.3 miles in length and runs in an east -west
direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at
Poplar Street. The project includes vehicular improvements to the intersection of Porter Road
and 1-49 with a roundabout to improve the traffic flow for the large volume of traffic from the west
of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the
interstate to Garland Avenue the project includes street improvements with new turn lanes and
drainage as well as separated pedestrian and bicycle facilities. The street, drainage pedestrian,
and bicycle improvements will continue along Sycamore Street from Garland Avenue to the
Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use
trail construction along the Poplar Street alignment. Finally, a connection to the south from
Poplar Street to Gregory Park was included in the design.
The first phase of this corridor included the improvements to Porter Road and Deane Street
from 1-49 to the east side of the new fire station. The design for this phase was completed in
January of 2022. In February of 2022, the City Council approved a change order with Flintco to
include this phase in the Police Headquarters Project. Construction is currently underway and
is expected to be complete in early 2023.
The design for the remainder of this corridor is complete and a Construction Manager at Risk
contract with Crossland Heavy Contractors was approved by the City Council at the August 16tn
city council meeting. Crossland Heavy is currently working on the bidding of the project and is
expected to have a guaranteed maximum price for consideration by the City Council in early
2023. Construction is expected to begin in March of 2023.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Right of way and easement acquisition began for this project in January of 2022. Staff has been
successful in acquiring all but a few of the properties for this project. The owner of this property
at 1641 N. Oakland Avenue has refused to sign right-of-way and easement documents. This is
one of the last of the 73 properties to be acquired for this portion of the project. Staff will
continue to negotiate with this property owner to avoid condemnation if possible. However, it is
imperative that the right of way be acquired in a timely manner so as not to delay the
construction. The City is acquiring 2,752 square feet (.063 acres) of utility easement, 1,443
square feet (.033 acres) of temporary construction easement and 1,009 square feet (.033 acres)
of drainage easement from this property.
BUDGET/STAFF IMPACT:
The corridor improvements are funded by the 2019 Transportation Bond Program. The agenda
item staff review form indicates $50,000.00 as the cost of this request. It should be noted that
this is an estimate, based on the appraised values of the properties, and that the final cost is
subject to negotiation with the property owners or by court order. The appraised value will be
deposited into the Registry of the Circuit Court as just compensation when the condemnation
complaint is filed for each property.
Attachments:
Correspondence History
ROW and Easement Exhibits
Vicinity Map
MIDTOWN CORRIDOR
1641 N. OAKLAND AVE.
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Easement Tract: Sycamore 2S
Parcel 765-13927-000
Stanley W. Smith Revocable
Living Trust
Book 2016, Page 9229
LINE TABLE
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Direction
Length
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PROJECT NO: 019-3988 EASEMENT DRAWING -STREET
302 East Millsap Road EXHIBIT
IMPROVEMENT - SYCAMORE STREET OI;C�
DRAWN BY: DRC PARCEL NO. 765-13927-000 Fayetteville, 1
TEL 479.443.3.3404 04
DATE: 05.06.2022 ISTANLEY W. SMITH REVOCABLE TRUST
LEGEND
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This sketch is not a boundary survey. It is intended to show the configuration of a proposed right of way,
6 Lj a proposed permanent drainage easement and a proposed temporary construction easement. It should
0 o not be used to locate property lines and does not meet the Standards for Property Boundary Surveys.
PROJECT NO: 019-3988 EASEMENT DRAWING - STREET EXHIBIT
IMPROVEMENT - SYCAMORE STREET OI�� Fay East le, A p Road
DRAWN BY: DRC PARCEL NO. 765-13927-000 Fayetteville, AR 72703
TEL 479.443.3404
DATE: 11.16.21 STANLEY W. SMITH REVOCABLE TRUST
Project: W Sycamore Street Improvements
Parcel No. 765-13927-000
Tract No. 2S
DRAINAGE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Stanley W. Smith, Trustee of the Stanley W. Smith Revocable
Living Trust u/t/d April 1, 2016, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, do hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement and a temporary construction and grading
easement to excavate, construct, maintain, repair and/or replace an earthen
retaining levee, drainage tile area, open ditch, concrete channel and/or concrete
inlet box on, over, and through the following described land situated in the
County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2016-9229)
Tract 8 Part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.00 feet East and 10.00
feet South of the NW corner of said 40 acre tract, and running thence East 152.58 feet to the West Right -of -Way
of Oakland Avenue; thence South along said Right -of -Way 90.00 feet; thence West 152.58 feet; thence North
90.00 feet to the point of beginning.
ALSO, a part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.0 feet East and 100.00
feet South of the NW corner of said forty acre tract and running thence South 90.00 feet; thence East 152.58 feet
to the West Right -of -Way of Oakland Avenue; thence North along said Right -of -Way 90.00 feet; thence West
152.58 feet to the point of beginning.
LESS AND EXCEPT: that portion conveyed to the City of Fayetteville in conjunction with the improvements to
Sycamore Street and described as: A part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4)
of Section 9, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly
described as follows: Commence at the Northwest Corner of said forty acre and run thence South 87105'58" East
465.00 feet; thence South 02053'48" West 10.00 feet to the point of intersection of the South Right -of -Way line of
W. Sycamore Street, as now established, and the West line of Parcel 765-13927-000 for the "TRUE POINT OF
BEGINNING" of this description; thence S87°06'12"E along said South Right -of -Way line and the North line of
said Parcel, 152.58 feet to the point of intersection of said South Right -of -Way line and the West Right -of -Way
line of N. Oakland Avenue, as now established; thence departing said South Right -of -Way line S02°53'48"W
along said West Right -of -Way line, 21.00 feet; thence departing said West Right -of -Way line N84°52'06"W, 9.32
feet; thence N87000'30"W, 143.26 feet to said West line; thence N02053'48"E along said West line, 20.40 feet to
the Point of Beginning, containing 3,313 square feet or 0.072 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A permanent drainage easement lying South of and adjacent to the above described proposed Right -of -Way,
being more particularly described as follows: COMMENCING at the point of intersection of the South Right -of -
Way line of W. Sycamore Street, as now established, and the West line of Grantor's above described property;
thence S02°53'48"W along said West line, a distance of 20.40 feet for a TRUE POINT OF BEGINNING; thence
departing said West line S87°00'30"E, a distance of 41.30 feet; thence S02°59'30"W, a distance of 6.88 feet;
thence S76°51'16"W, a distance of 42.96 feet to a point in said West line; thence NO2°53'48"E along said West
line, a distance of 18.82 feet to the POINT OF BEGINNING, containing 530 square feet or 0.012 acres, more or
less.
AND
A permanent drainage easement lying South of and adjacent to the above described proposed Right -of -Way,
being more particularly described as follows: COMMENCING at the point of intersection of the South Right -of -
Way line of W. Sycamore Street, as now established, and the West line of Grantor's above described property;
thence S02°53'48"W along said West line, 20.40 feet; thence departing said West line S87°00'30"E, 140.58 feet
for a TRUE POINT OF BEGINNING; thence continuing S87°00'30"E, 2.68 feet; thence S84°52'06"E, 9.32 feet to
a point in the West Right -of -Way line of N. Oakland Avenue, as now established; thence S02°53'48"W along said
West Right -of -Way line, 39.65 feet; thence departing said West Right -of -Way line N86°06'12"W, 12.00 feet;
thence NO2°53'48"E, 40.02 feet to the POINT OF BEGINNING, containing 497 square feet or 0.011 acres, more
or less.
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
DRAINAGE EASEMENT
Page 2 of 2
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with free ingress to and egress
from the real estate first herein above described for the uses and purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee, which hereby agrees to pay any damages which may arise to existing fences, holding Grantor harmless if
damage occurs during construction or maintenance of the above described drainage structure.
The Grantor agrees not to erect any buildings or permanent structures in said permanent easement.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages because of such future construction as set out in this
easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
BY
WITNESS the execution hereof on this day of 12022.
Stanley W. Smith Revocable Living Trust u/t/d April 1, 2016
Stanley W. Smith, Trustee
ACKNOWLEDGMENT
STATE OFARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for
said County and State, personally, Stanley W. Smith, Trustee of the Stanley W. Smith Revocable Living Trust u/t/d April
1, 2016, to me well known as the persons who executed the foregoing document, and who further stated and acknowledged that they
had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
Project: W Sycamore Street Improvements
Parcel No. 765-13927-000
Tract No. 2S
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Stanley W. Smith, Trustee of the Stanley W. Smith Revocable
Living Trust u/t/d April 1, 2016, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto the public utilities holding a
franchise granted by said City of Fayetteville, a permanent easement for the
purpose of construction, maintenance, repair and/or replacement, enlargement and
operations of general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and
television communication line or lines, traffic signal poles and equipment, and
appurtenances thereto, on over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2016-9229)
Tract 8 Part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.00 feet East and 10.00 feet
South of the NW corner of said 40 acre tract, and running thence East 152.58 feet to the West Right -of -Way of
Oakland Avenue; thence South along said Right -of -Way 90.00 feet; thence West 152.58 feet; thence North 90.00
feet to the point of beginning.
ALSO, a part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.0 feet East and 100.00 feet
South of the NW corner of said forty acre tract and running thence South 90.00 feet; thence East 152.58 feet to the
West Right -of -Way of Oakland Avenue; thence North along said Right -of -Way 90.00 feet; thence West 152.58 feet
to the point of beginning.
LESS AND EXCEPT: that portion conveyed to the City of Fayetteville in conjunction with the improvements to
Sycamore Street and described as: A part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of
Section 9, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described
as follows: Commence at the Northwest Corner of said forty acre and run thence South 87005'58" East 465.00 feet;
thence South 02053'48" West 10.00 feet to the point of intersection of the South Right -of -Way line of W. Sycamore
Street, as now established, and the West line of Parcel 765-13927-000 for the "TRUE POINT OF BEGINNING" of
this description; thence S87°06'12"E along said South Right -of -Way line and the North line of said Parcel, 152.58
feet to the point of intersection of said South Right -of -Way line and the West Right -of -Way line of N. Oakland
Avenue, as now established; thence departing said South Right -of -Way line S02°53'48"W along said West Right -of -
Way line, 21.00 feet; thence departing said West Right -of -Way line N84°52'06"W, 9.32 feet; thence N87000'30"W,
143.26 feet to said West line; thence N02053'48"E along said West line, 20.40 feet to the Point of Beginning,
containing 3,313 square feet or 0.072 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A permanent utility easement across the Northern portion of Grantor's above described property, being more
particularly described as follows: COMMENCING at the point of intersection of the South Right -of -Way line of W.
Sycamore Street, as now established, and the East line of Grantor's above described property; thence departing
said South Right -of -Way line S02°53'48"W along said East line, 21.00 feet for a TRUE POINT OF BEGINNING;
thence continuing along said East line S02°53'48"W, 20.02 feet; thence departing said East line N84°52'06"W,
9.73 feet; thence N87°00'30"W, 37.86 feet; thence NO2°59'30"E, 5.00 feet; thence N87°00'30"W, 60.00 feet; thence
S02°59'30"W, 5.00 feet; thence N87°00'30"W, 45.00 feet to a point in the West line of said Grantor's property;
thence NO2°53'48"E along said West line, 20.00 feet; thence S87°00'30"E, 143.26 feet; thence S84°54'06"E, 9.32
feet to the POINT OF BEGINNING, containing 2,752 square feet or 0.063 acres, more or less.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of
Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or
lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and
purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient
depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground
except In bottom lands where they shall be at a height above water.
GUE-Sycamore
Page 2
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used
for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any
other similar wireless communications facilities.
The Grantee and its associated franchisees shall have the right to construct additional pipe lines, electric power lines,
telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any
damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
BY:
WITNESS the execution hereof on this the day of 12022.
Stanley W. Smith Revocable Living Trust u/t/d April 1, 2016
Stanley W. Smith, Trustee
ACKNOWLEDGMENT
STATE OF ARKANSAS
1-31
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said
County and State, personally, Stanley W. Smith, Trustee of the Stanley W. Smith Revocable Living Trust u/t/d April 1, 2016,
to me well known as the persons who executed the foregoing document, and who further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
Project: W Sycamore Street Improvements
Pt Parcel No. 765-13927-000
Tract No. 2S
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Stanley W. Smith, Trustee of the Stanley W. Smith Revocable
Living Trust u/t/d April 1, 2016, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, the following described land situated in the County of Washington, State
of Arkansas, to -wit:
A part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 9, Township 16 North,
Range 30 West in Washington County, Arkansas being more particularly described as follows: Commence at
the Northwest Corner of said forty acre and run thence South 87105'58" East 465.00 feet; thence South
02153'48" West 10.00 feet to the point of intersection of the South Right -of -Way line of W. Sycamore Street, as
now established, and the West line of Parcel 765-13927-000 for the "TRUE POINT OF BEGINNING" of this
description; thence S87°06'12"E along said South Right -of -Way line and the North line of said Parcel, 152.58
feet to the point of intersection of said South Right -of -Way line and the West Right -of -Way line of N. Oakland
Avenue, as now established; thence departing said South Right -of -Way line S02°53'48"W along said West
Right -of -Way line, 21.00 feet; thence departing said West Right -of -Way line N84°52'06"W, 9.32 feet; thence
N87000'30"W, 143.26 feet to said West line; thence N02153'48"E along said West line, 20.40 feet to the Point of
Beginning, containing 3,313 square feet or 0.072 acres, more or less.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said
lands against all legal claims whatever.
WITNESS the execution hereof on this
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of
Revenue Stamps affixed to it or is exempt from such
stamps.
Signed:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
STATE OF ARKANSAS
COUNTY OF
In
day of 12022.
Stanley W. Smith Revocable
Living Trust u/t/d April 1, 2016
Stanley W. Smith, Trustee
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for
said County and State, personally, Stanley W. Smith, Trustee of the Stanley W. Smith Revocable Living Trust u/t/d April
1, 2016, to me well known as the persons who executed the foregoing document, and who further stated and acknowledged that they
had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
Project: W Sycamore Street Improvements
Parcel No. 765-13927-000
Tract No. 2S
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Stanley W. Smith, Trustee of the Stanley W. Smith Revocable
Living Trust u/t/d April 1, 2016, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, do hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a temporary construction and grading easement on, over, and through the
following described land situated in the County of Washington, State of Arkansas,
for the sole purposes necessary for construction of a trail, to -wit:
PROPERTY DESCRIPTION: (Warranty Deed: 2016-9229)
Tract 8 Part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.00 feet East and 10.00 feet
South of the NW corner of said 40 acre tract, and running thence East 152.58 feet to the West Right -of -Way of
Oakland Avenue; thence South along said Right -of -Way 90.00 feet; thence West 152.58 feet; thence North 90.00
feet to the point of beginning.
ALSO, a part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point which is 465.0 feet East and 100.00 feet
South of the NW corner of said forty acre tract and running thence South 90.00 feet; thence East 152.58 feet to the
West Right -of -Way of Oakland Avenue; thence North along said Right -of -Way 90.00 feet; thence West 152.58 feet
to the point of beginning.
LESS AND EXCEPT: that portion conveyed to the City of Fayetteville in conjunction with the improvements to
Sycamore Street and described as: A part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of
Section 9, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described
as follows: Commence at the Northwest Corner of said forty acre and run thence South 87005'58" East 465.00 feet;
thence South 02053'48" West 10.00 feet to the point of intersection of the South Right -of -Way line of W. Sycamore
Street, as now established, and the West line of Parcel 765-13927-000 for the "TRUE POINT OF BEGINNING" of
this description; thence S87°06'12"E along said South Right -of -Way line and the North line of said Parcel, 152.58
feet to the point of intersection of said South Right -of -Way line and the West Right -of -Way line of N. Oakland
Avenue, as now established; thence departing said South Right -of -Way line S02°53'48"W along said West Right -of -
Way line, 21.00 feet; thence departing said West Right -of -Way line N84°52'06"W, 9.32 feet; thence N87000'30"W,
143.26 feet to said West line; thence N02053'48"E along said West line, 20.40 feet to the Point of Beginning,
containing 3,313 square feet or 0.072 acres, more or less.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary easement lying South of, adjacent to and parallel with, the above described Proposed Right of Way,
being more particularly described as follows: COMMENCING at the point of intersection of the South Right -of -Way
line of W. Sycamore Street, as now established, and the West line of Grantor's above described property; thence
S02o53'48"W along said West line, 20.40 feet; thence departing said West line S87°00'30"E, 41.30 feet for a TRUE
POINT OF BEGINNING; thence continuing S87°00'30"E, 99.28 feet; thence S02°53'48"W, 40.02 feet; thence
N86006'12"W, 15.00 feet; thence NO2°53'48"E, 30.04 feet; thence N87°00'30'W, 84.30 feet; thence NO2°59'30"E,
10.00 feet to the POINT OF BEGINNING, containing 1,443 square feet or 0.033 acres, more or less. This Temporary
Construction Easement shall terminate upon completion of the street construction and has been accepted by the
City of Fayetteville, Arkansas.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
TCE
Page 2
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
BY:
WITNESS the execution hereof on this day of 12022.
Stanley W. Smith Revocable Living Trust u/t/d April 1, 2016
Stanley W. Smith, Trustee
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said
County and State, personally, Stanley W. Smith, Trustee of the Stanley W. Smith Revocable Living Trust u/t/d April 1, 2016,
to me well known as the persons who executed the foregoing document, and who further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
Case History
Stanley W. Smith Revocable Living Trust -Case History
RE: 1641 N Oakland Avenue
1/12/2022 An offer was mailed to Mr. Smith requesting 3313 square feet of additional right of way ($8090), 1027
square feet of permanent drainage easement ($630) and 1443 square feet of temporary construction
and grading easement, totaling $9070.00 and based on the Washington County Assessor's 2022
assessed value of the land only for this tract, with the right of way valued at fee simple and the drainage
easement at 25% and TCE at 10%.
3/4/2022 MC received an email from David Fleming, the property manager of this tract. He indicated that their
concern was drainage along Oakland and wanted to meet. It appears that they did meet on March 8.
3/10/2022 A revised offer was mailed to Mr. Smith and emailed to Mr. Fleming, adding $5500 for landscaping
damages for the removal of 4 pine trees within the proposed right of way, to the original offer of $9070.00
for a total new offer of $14,570.00.
Mr. Smith called HJ and said he would do whatever Mr. Fleming told him to do. HJ let him know that the
signature would have to come from him, not Mr. Fleming, who is not the Trustee of the Trust.
5/11/2022 A second revised offer was mailed to Mr. Smith and emailed to Mr. Fleming when we became aware of
the fact that we would have to also acquire a small amount of general utility easement to move some
utilities out of the right of way. This easement is in the same general location as the drainage easement
and mostly "stacked on top" of easement we've already requested. The offer for 2752 square feet of
general utility easement was based on the same base value as the first offer at a 25% rate for an addition
of $1680, taking the new offer to $16,250.00.
7/26/2022 HJ emailed Mr. Fleming to get an update on the status of the easements since Mr. Smith has turned
everything over to D. Fleming. He sent an email back and asked HJ to stop contacting Mr. Smith until
the City has agreed to repair Oakland and indicated that if the City agreed to make all drainage repairs
to the east side of the property, they would sign all the paperwork. MC responded and let him know that
HJ would be responding with the next steps if they were refusing to cooperate.
7/28/2022 HJ mailed an Appraisal Notification Letter indicating that negotiations and discussions had broken down
with Mr. Smith's agent and we were ordering an appraisal to present a final offer. We also stated that
this would be sent to Council should this final offer be declined, and the Condemnation Brochure was
mailed along with it. A copy was mailed to Mr. Fleming's office as well as the entire packet of documents
for their review.
10/25/2022 The appraisal was received from Holland Commercial Appraisal and Valuation Services.
10/27/2022 HJ mailed a final offer to Mr. Smith and emailed the same to Mr. Fleming, based on Holland's Appraisal:
3313 square feet of right of way ($36,000), 2752 square feet of general utility easement ($6,660), 1,027
square feet of drainage easement ($2,740), 1443 square feet of temporary construction and grading
easement ($1,600) and $3,000.00 for landscaping damages for 4 pine trees for a total offer of $50,000.
They had until November 8, 2022 to respond. They did not.
11/14/2022 HJ Mailed and emailed the Notification Letter to both Mr. Smith and Mr. Fleming to inform them of the
December 20, 2022 Council meeting.
11/28/2022 Mr. Fleming emailed HJ regarding an existing easement that the City is failing to maintain or repair on
their property on the east side at Oakland. There is no easement found filed or noted on the City's GIS
therefore maintenance would be the owner's responsibility.
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