HomeMy WebLinkAbout215-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 215-23
File Number: 2023-1125
LEONARD W. STITZ (CONDEMNATION):
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY LEONARD W. STITZ NEEDED FOR THE WEST TRANSMISSION WATER
MAIN PROJECT
WHEREAS, the City of Fayetteville and Leonard W. Stitz have been unable to agree upon a fair price for
approximately 0.12 acres of permanent water/sewer easement needed to complete the West Transmission Water Main
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 l: That the City Council of 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 West Transmission Water Main Project and owned by
Leonard W. Stitz, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of
the Circuit Court just compensation in the amount of $3,000.00.
PASSED and APPROVED on October 3, 2023
Page 1
Attest: ```��«art�r►ry��f�I
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Kara Paxton, City lerk Treasurer • r n yr i l [vt 1. :1
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 3, 2023
CITY COUNCIL MEMO
2023-1125
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE:
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession of certain land owned by Leonard W. Stitz necessary for the
West Transmission water main 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 Leonard W. Stitz necessary for the West Transmission
water main project.
BACKGROUND:
The City's wholesale water supplier, Beaver Water District, has begun construction of a western water
distribution point near HWY-112 and the newly constructed Springdale Northern Bypass, HWY-612. This
facility will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical
redundancy, and overall utility resiliency. Fayetteville's 11.3-mile connection to the proposed BWD facility has
been identified in water master plans for many years. The project is currently being designed, with construction
planned to begin in late 2024. All easements must be obtained prior to the City of Fayetteville closing on its
State Revolving Fund Loan in July 2024. For this 48-inch diameter waterline, a 50-foot width easement is
necessary along the entire route to construct and maintain the line throughout its lifetime. The route chosen is
specifically designed to be as unobtrusive as possible to impacted properties, staying close to property lines
whenever possible.
DISCUSSION:
The Leonard W. Stitz easement consists of approximately 0.12-acres of easement area. City staff has sent an
offer letter, and two follow-up reminder letters, and emails with no response from the owner. For this reason,
Staff recommends that the City Attorney file for order of possession of this easement, paying the value of the
property as documented in the appraisal, recently updated.
BUDGET/STAFF IMPACT:
The payment for land acquisition will be made from the Water/Sewer Improvements Defined by Study account.
The agenda item staff review form indicates $3,000.00 as the cost of this request. It should be noted that this is
an estimate, based on the appraised value of the property, 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 the property.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF - Stitz Condemnation (#3), 1/5/2023 Tr168 - Leonard Stitz (#4), Case History - Tr168 -
Leonard Stitz (#5), Exhibit - Tr168 - Leonard Stitz (#6), Acquisition Summary - Tr168 - Leonard Stitz (#7)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1125
Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of
possession of certain land owned by Leonard W. Stitz necessary for the West Transmission water
main project.
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY LEONARD W. STITZ NEEDED FOR THE
WEST TRANSMISSION WATER MAIN PROJECT
WHEREAS, the City of Fayetteville and Leonard W. Stitz have been unable to agree upon a fair price
for approximately 0.12 acres of permanent water/sewer easement needed to complete the West
Transmission Water Main 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 of 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 West
Transmission Water Main Project and owned by Leonard W. Stitz, that is needed for a permanent
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $3,000.00.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1125
Item ID
10/3/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/15/2023 WATER SEWER (720)
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 Leonard W. Stitz necessary for the West
Transmission water main project.
Budget Impact:
5400.720.5600-5810.00
Water and Sewer
Account Number Fund
10007.1 W/S Improvements Defined by Study
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,333,022.00
$ 901,964.39
5 431,057.61
$ 3,000.00
S 428,057.61
Previous Ordinance or Resolution #
Approval Date:
V20221130
West Transmission Main
Parcel No. 815-33679-400
Tract No. 168
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Leonard W. Stitz, a married man, 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
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to construct, lay, remove, relay, inspect,
enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes,
grantee owned fiber optic 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: 2022-10507
Part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Thirty-six (36), Township
Eighteen (18) North, Range Thirty-one (31) West, Washington County, Arkansas, being more particularly
described as follows, to -wit: Beginning at a point which is S00°51'50"W 843.77 feet from the Northeast corner of
said Section 36, and thence continuing S00°51'50"W 180 feet; thence N88°51'34"W 938.01 feet to the East right
of way line of Arkansas Highway 112; thence along said East right of line N11°07'09"W 105.69 feet; thence
along said East right of way line N08°45'06"W 74.31 feet; thence East to the point of beginning,
Subject to Easements, Rights of Way and Covenants of Record, if any. Subject to all prior reservations,
restrictions, and conveyances of gas, oil, and/or other minerals and rights thereto. Subject to oil and gas leases,
if any. Subject to all matters that would be shown by an accurate survey and inspection of the premises.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE '/4) of Section 36, Township 18 North,
Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the SE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the
NE1/4, N 03oO7'48" E 300.83 feet to the Grantor's south property line and to the Point of Beginning (POB);
thence leaving said east line N 86°38'08" W 30.00 feet along said south line; thence leaving said south line, N
03°07'48" E 179.89 feet to the Grantor's north property line; thence along said north line, S 86°50'31" E 30.00
feet to the east line of said NE1/4 of the NE1/4; thence along said east line, S 03oO7'48" W 180.00 feet; to the
Point of Beginning (POB), containing 5,398 sq. ft., or 0.12 acres.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, 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 high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines 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.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
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.
WATER/SEWER EASEMENT
Page 2
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 12023.
Leonard W. Stitz Clare M. Stitz
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Leonard W. Stitz and Clare M. Stitz, his wife, to me well known
as the persons who executed the foregoing document, and who 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 12023..
Notary Public
MY COMMISSION EXPIRES:
CASE HISTORY
WEST TRANSMISSION MAIN
Tract 168 Leonard Stitz
5/8/2023 Appraisal by Reed & Associates received.
5/11/2023 Offer packet mailed including offer letter ($3,000.00), proposed easement,
and exhibit and appraisal summary sheet and W-9. (Tract 168 requires
5,398sf)
8/2/2023 Reminder letter sent
8/28/2023 Final Reminder setting a 9/14/2023 deadline with Notification of Council
date of October 3, is sent. There has been zero communication with this
gentleman.
9/13/2023 Through BeenVerified attempted to email a yahoo.com address that was
used most recently and it failed and was returned as undeliverable.
1" = 50,
S860 50' 31 "E-30.00'
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LEGEND
815-33679-400 TAX PARCEL NUMBER =�= PROPOSED RIGHT-OF-WAY
2022-10507 DEED RECORD r����������� PROPOSED PERMANENT EASEMENT
EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Tw JMr McCLELLAND
DATE: REVISION: WEST TRANSMISSION MAIN CONSULTING
12/29/22 11 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC.
SCALE: PROD. NUMBER'.
AS NOTED 11-2184 MAP TRACT 168 1580 E. STEARNS ST.
STITZ, LEONARD W FAYETTEVILLE, AR 72703
EX i 1 (479) 443-2377
HTTP://WWW.MCE.US.COM
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Location: 21726 S. Highway 112, Springdale, AR
Client: McClelland Consulting Engineers
Fee Owner: Leonard W. Stitz
Mailing Address: 1166 N. Handy Street, Orange, CA 92867
Area Of The Whole: 3.88f ACS
Area Of Remainder: 3.88f ACS Permanent Easement 0.12� AC
Area Of Acquisition: N/A
HIGHEST AND BEST USE:
Whole Property Continued Single -Family Residential Use
Remainder Property Continued Single -Family Residential Use
ACQUISITION COMPENSATION:
Before
Land: 3.88f ACS $ 185,950
Improvements: $
Total: $ 185,950
After
Land: 3.88f ACS $ 182,950
Improvements: Not Applicable $
Total $ 182,950
FAIR MARKET VALUE OF ACQUISITION $ 3,000
Total Compensation as of: April 13, 2023 $ 3,000
ALLOCATION OF COMPENSATION
Land: Not Applicable $ 0
Permanent Easement: 0.12f Acre (Rounded) $ 3,000
Temporary Construction Easement: Not Applicable $ 0
Improvements: Not Applicable $ 0
Damages: Not Applicable $ 0
Cost to Cure Items: $ 0
Total Compensation: $ 3,000
Please see the Extraordinary Assumptions and Hypothetical Condition previously presented.
'~Yu
STATE
COMFIED
GENEM •'
" COSM2
Katie Reed Hampton, CG3642
-,, r�F....••'
Reed & Associates, Inc.
7