HomeMy WebLinkAbout60-97 RESOLUTIONSCANNED
RESOLUTION NO. 60 el
A RESOLUTION APPROVING THE SETTLEMENT OF
RUNNELS VS. CITY OF FAYETTEVILLE, CIV 96-160 FOR
THE AMOUNT OF $7,805.60. .
BE IT RESOLVED BY TIM, CITY COI]NCIL OF TIIE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l. That the City Council hereby agrees to settle the case of Runnels vs. City
of Fayeffeville, Arkansas, for the amount of $7,805.60.
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APPROVED this /?*A day of J c-n €-1997 .
APPROVED
By
Hanna, Mayor
By
Traci
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IN THE CIRCUIT COI'RT OF WASHINGTON COI'MTY, ARKANSAS -.:^ B ;_Er
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VTNCEMT BRIAIV RI,]NNELS and
BONNIE R. RT]NNELS,
Husband and Wife PI,ATIMTFFS
VS No. erv e6-. JUtl
CITY OF FAYETTEVTLLE DEFEIIDA}TTT
EOMPI,AIIIT
Come now t,he plaintiffs, Vincent, Brian Runnels and
Bonnie R. Runnels, and for their cause of acEion against. the
defendanE, City of Fayetteville, sEaLe and allege as follows:
(1) That t.he plaintiffs are the owners of certain
real property situaE,ed in Fayetteville, Washington County,
Arkansas, more particularly described as follows:
ParE of the South Half (S]-/2) of E,he SouEhwest euarter(SWL/ ) of Sect.ion Thirty-One (3t1 , Township SevenE,een(L7) Nort.h, Range Tnenty-Nine (29) West, and being moreparticularly described as follows, to-wit: From thesouthwest (sw) corner of said section Thirty-one (31),
rrrn North 89 degrees 58'04" East 554.62 feet to theNort.hwest (Nw) Corner of Crossroads EasE Subdivision;
t,hence along t,he NorE,h boundary of said subdivision
South 88 degrees 08'00'r East 338.74 feet to the poinE ofbeginning; thence Nort.h 02 degrees 36'Ol-" West 269.97feet. Eo a found iron pin; t,hence NorE.h 01 degrees 42118,'$lest 222.54 feets,' thence North 04 degrees 45'44!r EasE247.61 feet; t.hence North 21 degrees O2ILLI West 304.2Lfeet, to a stone; t,hence South 89 degres 3OrO4,' East6L6.87 feet; thence South 0Z degrees 27,44" West 425.66feet to a found iron pin; Ehence Nort.h 89 degrees 37t34nWest 128.80 feet; thence South 06 degrees 00'OO" West607.25 feeE to t.he NorE.h boundary of Crossroads EastSubdivision; t,hence Nort,h 88 degrees 08'OO'r WesE 244.37feet along said NorE.h boundary Eo the point ofbeginning, and conEaining 8.98 acres, more or 1ess, and
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subjecE. Eo an easement for ingress and egress as shown
on t,he plat of Crossroads East Subdivision filed in Book7, Page LO7, Washington County, Arkansas.
The ingress/egress roadway easement along the South sideof properEy as shown on plat. of suryey daEed October 13,
1988, €rs being the same as a grant. of easement, dated
OcEober 4, 1983, filed for record October 8, 1983, in
Book LO92 at Page 477 f rom Carlos D. Treat and ilanet,t,eA. Treat,, husband and wife, Eo Vincent, Brian Runnels and
Bonnie R. Runnels, husband and wife.
(21 That, in r,he faII 0f 1995, the plaintiffs set, back
a gaEe and fence from their souEhernmosts boundary line in an
attempt to faciliEafe the defendant in consEnrct,ing a new
roadway in close proximity Eo plaintiffs' southernmost,
boundary line.
(3) That t,he defendant, in Ehe course of const,rucEion
of the roadway, crossed over plaint,iffs' boundary line in
such a way as to remove t,he level and even grade of t,he land
along plaintiffs' southernmosE boundary line result,ing in a
steep slope causing erosion and prevenEing plaintiffs from
plant,ing ground cover. Furt.hermore, the defendant, removed
from plainEiffs' Iand valuable Eop soil which could be used
by plaintiffs for planting and growing on plaintiffs'
properEy.
(4) That. in order Eo replace t.he Eop soil and even
grade of plaint.if f s' properE.y, it, will be necessary t.o
construcE a reEaining wa11 for support at a cost Eo
plaintiffs of $5,000.00.
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(5) That t,he defendant, in constructing the above-
mentioned roadway, removed a large and old acorn t.ree from
the southwest. corner of plaintiffs' property, thereby
damaging plaint,iffs in an amounE equal tso Ehe value of t.he
t,ree which was wrongfully removed by defendant,.
(6) That the defendant,, in consEruct.ing the above-
mentioned roadway, increased Ehe grade of a roadway entering
plainEiffs' pasture at, the southeasE corner of plaintiffs'
property. The steep grade created by t,he defendanE now
washes with any amounE of rain, and unless covered with
concrete or a hard bed mat,erial, the plaintiffs will have
difficulty enEering the pasEure Ehrough said gate in anyt,hing
buE ideal weather conditions.
(7) That, Ehe cost of paving the new ent,ranceway to
pI-aintsiffs' pasture will be approximately $500.00.
(8) That the trespass and resultant, damage to
plainEif f s' property was not in good f aiE,h inasmuch as t,he
plaintiffs' souEhernmosE, boundary line was and is clearly
marked.
(9) That the plaint,iffs should have judgrment against,
the defendant for damages as st,at.ed hereinabove, as weII as
costs and aEtorneyr s fees in pursuing t.his cause of act,ion.
WHEREFORE, premises considered, the plaint.iffs herein
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pray for judgment against, the defendant in the sum of
$5,500.00, represent,ing t,he cost, of consEnrctiOn of a
retaining waII or similar st.ructure and t,he costs of a ramp
into plaint,iffs' pasture; for judgmenE against the defendant.
in an amounE, three t,imes the value of plaintiffs' tree which
was cuE and removed by defendant; for plaintiffs' cost,s and
reasonable attorney's fees; and for any and all furEher
relief to which plaint,iffs may prove Ehemselves entit.Ied.
VINCENT BRIAIiI RI]NNELS and
BONNIE R. RI,NNELS, Husband andWife, Plaintiffs
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TIS E. HOGUE,#800 6LAttorney aE Law
2L5 W. Meadow SL.
P.O. Box 3130Fayetteville, AR 72702-3L30
50L /qq2-7736
ATTORNEY FOR PLATNTTFFS
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IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
VINCENT BRIAN RUNNEIS and
BONNIE R. RUNNEIS, Husband and Wife,PLAINTIFFS
vs.CIv 9GI6O '!(.og)
D.tEJCITY OF FAYETTEVILLE DEFENDANT
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ANSWER
COMES now the Defendant City of Fayetteville and files this its Answer
I' C)
Complaint: o
=l. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in parafaph I of the Complaint and accordingly those
allegations are denied.
2. Defendant denies the allegations contained in paragraph 2 of the Complaint and
affirmatively states that the Plaintiff at the request of the City removed a gate and fence from
the City's existing right-of-way in order for the City to construct a City street and that the
Plaintiff has now placed a gate and fence ouside of the City right-of-way.
3. Defendant denies the allegations contained in paragraph 3 of the Complaint.
4. Defendant denies the allegation contained in paragraph 4 of the Complaint.
5. Def'endant denies the allegations contained in paragraph 5 of the Complaint.
6. Defendant admis the grade of the roadway was increased but, denies the remaining
allegations contained in paragraph 6 of the Complaint and afFtrmatively states that it was at all
times the intent of the City to reasonably pave a roadway to the Plaintiffs southeast gate but has
been prevented from doing so as a result of this lawsuit.
7. The Defendant denies the allegations contained in paragraph 7 of the Complaint.
8. The Defendant denies the allegations contained in paragraph 8 of the Complaint.
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9. The Defendant denies the allegations contained in paragraph 9 of PlaintifPs Complaint
and specifically denies any statutory or contractual right of the Plaintiff to attorney fees.
10. The Defendant denies each and every material claim of the Complaint not specifically
admitted herein.
AFFIRMATIVE DEFENSE
l. The Plaintiff is precluded from obtaining an award of damages against the City of
Fayetteville pursuant to the City's immunity from liability for damages set forth in A.C.A.$21-9-
301.
WHEREFORE, premises considered, the Defendant City of Fayetteville prays that the
damages prayed for be denied, and that Plaintiffs Complaint be dismissed with prejudice.
RESPECTFULLY SUBMITTED,
CITY OF FAYETTEVILLE, ARI(ANSAS,
Defendant.
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Attorney
113 'W. Mountain
Fayetteville, AR 72701
(501)575-83 13
CERTIFICATE OF SERVICE
I, Jerry E. Rose, hereby ceftify that on thisWday of Apo 1996, I have
of the above
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caused to be deposited in the U.S. Mail, postage prepaid a true and correct copy
and foregoing Answer to:
Mr. Curtis E. Hogue
P.O. Box 3130
Fayetteville, AR 72702-3 130
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J E. Rose