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Home My WebLink About250-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 250-23 File Number: 2023-1260 RESOLUTION 230-23 AND AUTHORIZE CONDEMNATION OF PROPERTY OWNED BY PARTI INVESTMENTS (AMENDMENT): A RESOLUTION TO AMEND RESOLUTION 230-23 AND AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PART[ INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71B 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 general utility easement and temporary construction 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; and WHEREAS, the City received an appraisal on October 26 valuing the property being taken as more than the $10,878.75 that had been estimated and approved by Resolution 230-23. 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 amends Resolution 230-23 and 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 temporary construction easement, 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 $14,953.00. PASSED and APPROVED on November 7, 2023 `NNtrrirrr�� Ap4a-n.r Attest:ERK fA yKara Paxton, CityCI Treasurer ;' �. ��ts �'�u�.� Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-1260 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: Amend Res. 230-23 and Authorize Condemnation of Land Owned by Parti Investments, LLC RECOMMENDATION: The City Attorney's office recommends City Council approval of a Resolution amending Resolution 230-23 and 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: On October 17, 2023, the City Council approved Resolution 230-23 authorizing the City Attorney to file a condemnation suit to acquire this property and deposit the amount of $10,878.75 as just compensation for the taking. Since that time, we have received an appraisal indicating the value of the land is $14,953.00. Therefore, we are asking that Resolution 230-23 be amended to align the amount of just compensation with the appraisal. On October 18, Mayor Jordan sent a letter to ARDOT asking for an exception to made to allow the College Avenue Corridor Project to be bid without having possession of this final portion of right of way. The City has been awarded $4.8 million in federal aid funds for the construction of this project and the funding was Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 supposed to be obligated by August of 2023. The City is in jeopardy of losing this funding if the project is not bid in a timely manner. Thus, we are requesting that the item be added to the agenda at the October 31 agenda session for the November 7 meeting. BUDGET/STAFF IMPACT: These improvements are funded by the 2019 Transportation Bond Program. The amount of just compensation due to the property owner is $14,953.00. ATTACHMENTS: City Attorney Memo - Parti Investments Condemnation 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 #: 2023-1260 Amend Res. 230-23 and Authorize Condemnation of Land Owned by Parti Investments, LLC A RESOLUTION TO AMEND RESOLUTION 230-23 AND 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 general utility easement and temporary construction 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; and WHEREAS, the City received an appraisal on October 26 valuing the property being taken as more than the $10,878.75 that had been estimated and approved by Resolution 230-23. 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 amends Resolution 230-23 and 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 temporary construction easement, 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 $14,953.00. Page 1 III OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Chris Brown, Public Works Director FROM: Blake Pennington, Senior Assistant City Attorn DATE: October 27, 2023 RE: Parti Investments, LLC Condemnation Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal On October 17, 2023, the City Council passed Res. 230-23 and authorized our office to initiate condemnation proceedings against Parti Investments, LLC to acquire right of way and easements necessary for the College Avenue Corridor Project. The resolution authorized the deposit of just compensation that had been estimated in the amount of $10,878.75. The amount was an estimate based on appraisals of other property involved in this project. We received an appraisal yesterday with a higher valuation than our original estimate; therefore, we are asking the City Council to amend Res. 230-23 and authorize us to deposit the amount of $14,953.00 in the court registry as just compensation for the property. On October, 18, Mayor Jordan sent a letter to ARDOT asking for an exception to made to allow the College Avenue Corridor Project to be bid without having possession of this final portion of right of way. The City has been awarded $4.8 million in federal aid funds for the construction of this project and the funding was supposed to be obligated by August of 2023. The City is in jeopardy of losing this funding if the project is not bid in a timely mariner. Thus, we are requesting that the item be added to the agenda at the October 31 agenda session for the November 7 meeting.