HomeMy WebLinkAbout230-23 RESOLUTION� cF p�rerle'`
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 230-23
File Number: 2023-1141
PARTI INVESTMENTS, LLC (CONDEMNATION):
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71 B
CORRIDOR PROJECT
WHEREAS, the City of Fayetteville and Parti Investments, LLC have been unable to agree upon a fair price for
approximately 0.05 acres of utility easement and 200 square feet of right-of-way needed to complete the Highway 71 B
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 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 Highway 71B Corridor Project and owned by Parti
Investments, LLC, that is needed for a utility easement and right-of-way for the Project, and to pay into the registry of
the Circuit Court just compensation in the amount of $10,878.75.
PASSED and APPROVED on October 17, 2023
Attest: 01141dP►►1111ri.
I_A1a4'15X_ 4W f -AYE TTE�"'
Kara Paxton, City40erk'_asurer =j • �"
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Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 17, 2023
CITY COUNCIL MEMO
2023-1141
TO:
Mayor Jordan and City Council
THRU:
Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM:
Matt Casey, Engineering Design Manager
DATE:
SUBJECT:
Approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession of certain land owned by Parti Investments, LLC necessary for
the Highway 71 B 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 Parti Investments, LLC necessary for the Highway 71 B
Corridor Project.
BACKGROUND:
The School Avenue and College Avenue Corridors serve as the major north -south route through the central
part of the City and are major commercial and retail destination. Maintaining and improving the corridors will
allow them to continue to serve mobility needs, and to continue to develop/redevelop as commercial corridors.
Improvements to these corridors will include striping, widening and/or narrowing of the roadway, utility
relocation (including burial of overhead utilities), sidewalk/trail installation, accommodations for transit systems,
elimination or reconfiguration of driveways, additional traffic signals, medians, plazas, art installations, lighting,
wayfinding, protected intersections, parking, and other corridor improvements identified in the design process.
In December of 2021, the City Council approved a design contract with Garver, LLC for the detailed design of
this project. The design is complete and the project is planned to be bid after the land acquisition is complete.
DISCUSSION:
Right of way and easement acquisition began for this project in July of 2023. Staff has been successful in
acquiring all but a few of the properties for this project. The owner of this property at 1150 N. College Avenue
has refused to sign right-of-way and easement documents. This is one of the last of the 13 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 2,101 square feet (.05 acres) of utility easement and 200
square feet (.000 acres) of right of way from this property.
BUDGET/STAFF IMPACT:
The corridor improvements are funded by the 2019 Transportation Bond Program. The agenda item staff
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
review form indicates $10,878.75 as the cost of this request. It should be noted that this is an estimate, based
on the appraised values of other properties on this project, and that the final cost is subject to negotiation with
the property owners or by court order. An appraisal for this property has been ordered. 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: SRF (#3), 1150 N College Vicinity Map (#4), Parti Investments (Adam Day) Documents and
Exhibits (#5), Parti Investments (Adam Day) Case History (#6)
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 #: 2023-1141
Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of
possession of certain land owned by Parti Investments, LLC necessary for the Highway 71B
Corridor Project.
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR
THE HIGHWAY 7 1 B CORRIDOR PROJECT
WHEREAS, the City of Fayetteville and Parti Investments, LLC have been unable to agree upon a fair
price for approximately 0.05 acres of utility easement and 200 square feet of right-of-way needed to
complete the Highway 71B 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 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 Highway 71B
Corridor Project and owned by Parti Investments, LLC, that is needed for a utility easement and right-
of-way for the Project, and to pay into the registry of the Circuit Court just compensation in the amount
of $10,878.75.
Page 1
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2023-1141
Item ID
10/17/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/28/2023 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 Parti Investments, LLC necessary for the Highway 71B Corridor
Project.
4702.860.7221-5805.00
Account Number
46020.7221.1020
Project Number
Budgeted Item? Yes
Budget Impact:
Street Projects 2022 Bonds
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? Yes Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Fund
Hwy 71B Corridor
Project Title
$
942,817.00
$
689,556.65
$ 253,260.35
$
10,878.75
242,381.60
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
HWY 71 B CORRIDOR
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College Avenue Right of Way Dedication
(Part of) Parcel No. 765-11833-000
Tract No. 17
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BE IT KNOWN BY THESE PRESENTS:
THAT Parti Investments LLC, an Arkansas limited liability company,
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 Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville,
Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington
County, Arkansas, being more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a
distance of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of
said Lot 6; thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North
College Avenue; thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07
feet to the POINT OF BEGINNING, containing 200 square feet or 0.00 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 day of 12023.
PARTI INVESTMENTS, LLC, an Arkansas limited liability
REVENUE STAMPS AFFIDAVIT company
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
BY:
Signed:
City of Fayetteville
113 Mountain Fay PRINTED NAME AND TITLE
Fayetteville, AR 72701
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 , to me well known
as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of
Parti Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute
the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that
he/she 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
MY COMMISSION EXPIRES:
Notary Public
12023.
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RECORD DEED: 2021- 00048808 PL PL—
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DISTANCE
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L2
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1.00'
L3
S 86°50'33" E
10.00'
L4
S 86°50'33" E
5.00'
L5
I S 04°42'22" WI
20.01'
L6
I N 86°50 33 Wl
15.01
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
200
0.00
PROPOSED UTILITY & T.C.E EASEMENT
2,101
0.05
LEGEND
- PL PL EXISTING PROPERTY LINE
R/W EXISTING RIGHT OF WAY LINE
R/W PROPOSED RIGHT OF WAY LINE
PROPOSED UTILITY EASEMENT AND
TEMP. CONST. EASEMENT LINE
BEARINGS - GRID
ARKANSAS NORTH ZONE
GRAPHIC SCALE
THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE
( IN FEET )
AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT
1 inch = 50 ft.
CONS 7777J7E A PLAT OR SURREY OF THE GRANTOR'S PROPERTY.
2049 EAST JOYCE BOULVARD
CITY OF FAYETTEVILLE
FAYFTTFVILLE ARKANSAS
JOB NO.
20T21050
DATE
AUG. 28, 2023
SUITE400
FAYETTEVILLE, ARKANSAS 72704
479 527-9100
.
COLLEGE AVENUE IMPROVEMENTS '
"EXHIBIT A'
TRACT 1 F
NORTH STREET -SYCAMORE STREET
rj
College Avenue Improvement Project
Parcel No. 765-11833-000
Tract 17
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Parti Investments LLC, an Arkansas limited liability company,
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: (Deed Ref. 2021-8808)
Lots 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said
Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas. Subject to
easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil
and gas leases, if any.
LESS AND EXCEPT:
A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas,
per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County,
Arkansas, being more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance
of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6;
thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North College Avenue;
thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07 feet to the POINT OF
BEGINNING, containing 200 square feet or 0.00 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas,
per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County,
Arkansas, being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a
distance of 1.00 feet to the POINT OF BEGINNING; thence S 86°50'33" E along said North line a distance of 10.00
feet; leaving said North line S 04°42'22" W a distance of 180.07 feet; thence S 86°50'33" E a distance of 5.00 feet;
thence S 04°42'22" W a distance of 20.01 feet to the South line of said Lot 6; thence N 86°50'33" W along said
South line a distance of 15.01 feet; thence N 04°42'22" E a distance of 200.07 feet to the POINT OF BEGINNING,
containing 2,101 square feet or 0.05 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.
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.
General Utility Easement
Page 2
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.
WITNESS the execution hereof on this day of 2023.
PARTI INVESTMENTS LLC, an Arkansas limited liability
company
BY:
[Please print or type Name and Title]
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 appeared , to me well known as the
person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of Part!
Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the
foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she 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 2023.
MY COMMISSION EXPIRES:
Notary Public
EAST OAKWoOD STREE-T
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RECORD DEED: 2021- 00048808 PL PL—
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PROPOSED UTILITY AND TEMPORARY
CONSTRUCTION EASEMENT a a
PROPOSED
RIGHT OF WAY PLC PL—
4 O
a 0-
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3 42 L6 PL � PL PL
3 I PLC PL
I �
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LINE
ANGLE
DISTANCE
L1
S 86°50 33 E
1.00
L2
N 86°50'33" W
1.00'
L3
S 86°50'33" E
10.00'
L4
S 86°50'33" E
5.00'
L5
I S 04°42'22" WI
20.01'
L6
I N 86°50 33 Wl
15.01
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
200
0.00
PROPOSED UTILITY & T.C.E EASEMENT
2,101
0.05
LEGEND
- PL PL EXISTING PROPERTY LINE
R/W EXISTING RIGHT OF WAY LINE
R/W PROPOSED RIGHT OF WAY LINE
PROPOSED UTILITY EASEMENT AND
TEMP. CONST. EASEMENT LINE
BEARINGS - GRID
ARKANSAS NORTH ZONE
GRAPHIC SCALE
THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE
( IN FEET )
AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT
1 inch = 50 ft.
CONS 7777J7E A PLAT OR SURREY OF THE GRANTOR'S PROPERTY.
2049 EAST JOYCE BOULVARD
CITY OF FAYETTEVILLE
FAYFTTFVILLE ARKANSAS
JOB NO.
20T21050
DATE
AUG. 28, 2023
SUITE400
FAYETTEVILLE, ARKANSAS 72704
479 527-9100
.
COLLEGE AVENUE IMPROVEMENTS '
"EXHIBIT A'
TRACT 1 F
NORTH STREET -SYCAMORE STREET
rj
Case History
Parti Investments, LLC
Adam Day
Re: 1150/1156 N. College Avenue (Old Hiway Inn property)
7/14/2023 Offer letter mailed and emailed to Adam Day (466-1620 adam@amr-architects.com). We offered
$3,000.00 for 200 square feet of right of way acquisition (fee simple) and $7,878.75.00 for a
2,101 square foot general utility easement (25%), for a total of $10,878.75. The valuation was
based on an appraisal of the Midas property ($15.00 sq ft) at College and Sunbridge (as part of
the Sunbridge drainage project) and several recent sales comps.
7/21/2023 Received email from Adam. He was concerned about the GUE being proposed as he was
wanting to create a shared driveway with his neighbor to the South (Harold McKinney).
7/26/2023 Emailed Adam explaining the GUE was for a proposed fire hydrant
7/27/2023 Received email from Adam asking us to move the hydrant from his property. Britin emailed
Adam regarding our meeting with McKinney stating that he would be open to the possibility of
sharing a driveway but only if it did not interfere with his landscaping in any way. She requested
drawings of the proposed driveway so they could be reviewed.
8/2/2023 Received email from Adam regarding information requested by McKinney concerning shared
driveway. Britin responded
8/4/2023 Emailed Zach @ Garver asking if utilities can be moved further north. He stated he was meeting
with SWEPCO the next day and would discuss the situation with them. He was also going to
reach out to McClelland to see if the hydrant could be moved.
8/10/2023 Received email from Zach that the only place to move the utility poles would be to the middle of
McKinney's landscaping. Also, SWEPCO asked that the proposed TCE be converted to a GUE to
cover their powerlines.
8/22/2023 Received email from Britin stating that they had submitted a grading permit through Planning,
but that it mainly focused on the east side of the property.
8/23/2023 Britin emailed Adam explaining that the only place to move the power pole at the SW corner of
the property would be within McKinney's landscaping so that plan was not going to work. Adam
responded asking if they pole could stay where it currently exists and the driveway be split
around it and come together behind it. See sketch.
He also asked about landscaping details, adding a
native stone veneer to the retaining wall, adding a
new water meter for the Cafe Rue Orleans building,
and additional information on the bus stop. He also
asked that the right of way be a sidewalk with tree -
wells vs. a strip of grass and street trees.
- _; ---
8/29/2023 Attended meeting with Zach and Matt Casey regarding project, including converting the TCE to a
GUE. Received email from Zach concerning the questions raised by Adam in 8/23 email
8/31/2023 Received revised documents from Zach. Responded to Adam's 8/23 email.
9/6/2023 Emailed Zach regarding discrepancy in the legal description.
9/8/2023 Received revised documents from Zach
9/12/2023 Prepared notification/revised letter and emailed to Chris B for approval/changes.
9/18/2023 Received revised letter from Chris
9/20/2023 Mailed and emailed notification/condemnation letter to Adam informing him that this tract was
being sent to Council on October 17th for resolution for condemnation.
9/26/2023 Left voicemail for Adam