HomeMy WebLinkAbout81-97 RESOLUTIONSCANNED
RESOLUTION NO. 8L-e7
A RESOLUTION APPROVING COMPENSATION IN THE
AMOUNT OF $25,510 TO J.M.U., INC., d/b/a DAY'S INN, FOR
THE FEE SIMPLE ACQUISITION OF STREET RIGHT-OF-WAY,
FOR PERMANENT AND TEMPORARY CONSTRUCTION
EASEMENTS, AND DAMAGES TO IMPROVEMENTS AND
LANDSCAPING RELATING TO IMPROVEMENTS AT THE
INTERSECTION OF COLLEGE AVENUE AND TOWNSHIP
ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l. That the City Council hereby approves compensation in the amount of
$25,510 to J.M.U., lnc., dlblaDay's Inn, for the fee simple acquisition of street right-of-way, for a
permanent and temporary construction easements, and damages to improvements and landscaping
relating to improvements at the intersection of College Avenue and Township Road. A copy of the
acquisition of r-o-w, easements and damages are attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this 2nd day of September ,1997
APPROVED:
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O Hanna, Mayor
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Traci Paul, City Clerk
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Project No. 97024
Township Street Right of Way,
Ft. Parcel No. 765-16011-000
Tract No. 01
EXHIBIT A
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WARRANW DEED
CORPORATION
BE IT KNOWN BY THESE PRESENTS:
THAT J.M.U., tnc., dr Arkansas corporation, d/b/a Day'S lnn,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($t.OO1 and other good and valuable consideration, the receipt of which is
hereby acknowledged, does 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:
SEE ATTACHED EXHIBIT ,.A' FOR PROPERTY DESCRIPTION
TO HAVE AND TO HOLD the said lands and appurtenances thereunto 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 2* day of ^f- - , 1997.
J.M.U. lnc., an Arkansas
BY:
Day's lnn
Jay Surati, President
ATTEST:
0Jrru !*r,.h
Umi Surati, Secretary-Treasurer
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
SS.
BE lT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Jay Surata and Umi Surati, to me well known as the persons
who executed the loregoing document, and who stated and acknowledged that they are thePresident and Secretary-
Treasurer of J. M. U., !nc., and Arkansas corporation, and are duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of said corporation, and ,unher stated and
acknowledged that they had so signed, executed and delivered said instrument for the conslderation, uses and purposes
therein mentioned and set forth.
WITNESS my hand and seal on thas a?# day of ,gf-z-1 997
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MY COMMISSION EXPIRES:
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WARRANTY DEED
PAGE 2 EXHIBIT A
Page e ,.,( 3
EXHIBIT "A'
TO
WARRANW DEED
PROPERTY DESCRIPTION
A part of the Southeast Quarter (SE%) of the Southwest Quarter (SW%) of Section Thirty-five (35), Township
Seventeen (1 7) North, Range Thirty (30) West of the 5th Principal Meridian, Washington County, Arkansas, being
more particularly described as follows, to-wit:
Beginning at a point 764.00 feet West and 26.00 teet North 1 2" 20' 00" East of the Southeast corner of the said
Southeast Quarter (SE/r) of the Southwest Quarter (SW%), said point of beginning being the intersection of the
North boundary line of Township Street and the East right of way line of U. S. Highway 71 Business;
thence North 12" 20' 00" East, 17.35 feet;
thence South 58" 26' 49" East, 12.62 feet;
thence South 78" 53' 28" East, 10.37 feet;
thence South 89" 08' 49" East, 171.91 feet;
thence South 88" 1O' 10" East, 61.03 feet;
thence South 84" 24' 21" East, 73.81 feet;
thence South 61" 38' 21" East, 6.93 feet;
thence North 88" 52' 13" West, 337.08 feet,
to the Point of Beginning and containing 2,890 square feet (0.066 acre), more or less.
SIGNED FOR IDENTIFICATION:J.M.U., lnc.
BY:
Jay Surati, President
ATTEST:
Umi Surati, Secretary-Treasurer
g7( )65?i0
Project No. 97024
Prolect: Township-N.
EXHIBIT AI
27 STP 26
rlLE. i--,^,':'loRD
R/'t 10 56College lntersection lmprovement Pa9 e 3 of
Parcel No, 765-1601 1-000
Tract No. 01
BE IT KNOWN BY THESE PRESENTS:
THAT J.M.U., lnc., an Arkansas Corporation, d/b/a Day's lnn, hereinafter called GRANTOH, 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 oI Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent
easement and a temporary construction easement for the purpose of installing, maintaining, inspecting, removing,
or reconstructing a roadway retention wall underground foundation and appurtenances thereto, on, over, across, and
under the following described land situated in the County o, Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION: (Deed Record 92-41080)
A part of the Southeast Quarrer (SE%) of the Southwest Quarter (SW'/.) of Section Thirty-five (35),
Township Seventeen ( 1 7) North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a point that is West 313.0 feet from the Southeast corner of the Southeast Quarter
(SE%) of the Southwest Quarter (SWlz) of said Section Thirty-five (35) and running thence West
451 .0 feet to the East right ot way line of U. S. Highway 718 (N. College Avenue); thence Northerly
along said East right of way line North 12' 20' OO" East 318.8 feet; thence leaving said East right
of way line North 89'36' 00" East 170.9 feet; thence North OO" 18' OO" West 120.0 feet; thence
North 69' oo' 30" West 1 1 5.54 feet to the East line of U.S. Highway 71B (N. College Ave.); thence
Northerly along said East right of way line North 20' 59' 30" East 49.02 feet; thence leaving said
East right of way line North 89" 36' oO" East 295.45 feet; thence South OO" 18' OO" East 207.78 feet:
thence North 89'36' 00" East 5.OO feet; thence South OO' 18' OO" East 314.0 feet to the Point of
Beginning, containing 4.1 2 acres ( 1 79,645 square feet), more or less, City of Fayetteville, Washington
County, Arkansas.
LESS AND EXCEPT: (Deed Book 842 at Page 20) Part of the Southeast Quarter (SEIZ) ol the
Southwest Quarter (SW%) of Section Thirty-five (35), Township Seventeen (17) North, Range Thirty
(30) West, being more particularly described as follows: Beginning at a point 764.0 feet West and
'15.0 feet North of the Southwest corner of the Southeast Quaner (SE%) of the Southwest Quarter
(SW%) of said Section Thirty-tive, said point of beginning being the intersection of the North
boundary line of Township Street and the East right of way line of U.S. Highway 718; thence North
12' 20' OO" East 1 1.0 feet along said East right of way line; thence South 87' 09' 36" East 243.4
feet; thence North 89' 48' 48" Wesr 245.5 feet to the Point of Beginning and containing O.O3 acre,
more or less.
ALSO LESS AND EXCEPT: Part of the above described property conveyed to the Clty of Fayetteville
as Township Street right of way under the above referenced proiect and more partlcularly described
as follows: Beginning at a point 764.0 feet west and 26.00 feet North 12" 20'oo" East of the
southeast corner ot the Southeast Quarter (SE'/) of the Southwest Quarter (SW%) of said Section
35, said point of beginning being the intersection of the north boundary line of Township Street and
the East rlght of way line of U. S. Highway 71 Buslness; thence North 12' 20' OO" East 17.35 teet;
thence South 58' 26' 49" East I 2.62 feet; thence South 78' 53' 28' East 10.37 feet; thence South
89'08' 49" East 171.91 feett thence South 88" 10' 10" East 61.03 feet; thence South 84' 24' 21"
East 73.81 feet; thence South 61" 98' 21" East 6.93 feeu thence North 88' 52' 13" West 337.08
feet to the Point of Beginning and containing 2,890 sq. ft. (0.066 acre), more or less.
ALSO SUBJECT TO:
A 20 foot access easement as described in Deed Book 748 at Page 304 and Building Covenantsand
access right of way as descrlbed in Book 748 Page 242-243 of the records of the Circuit Clerk and
Ex-Officio Recorder ol Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
A five (5) foot wide, more or less, permanent easement along a portlon of the South slde of the
above referenced property, being more partlcularly described as follows: Beglnning at a point
764.00 feet West and 50.97 feet North 12" 20' OO" East of the Southeast corner of the Southeast
Quarter (SE'/r) of the Southwest Quaner (SW%) of said Section 35, said point of beginning being
North 12' 20' OO' East 24.97 feet from the lntersection of the North boundary line of Township
Street and the East right of way line of U. S. Highway 71 Business; thence South 45'56' OT" East
11.01 feet; thence South 75'51'03'East 11.83 feet; thence South 89'08'49'East 171.91 feet;
thence South 88" 37' 39'East 30.89 feet: thence South 84' 23' 32' East 106.53 feet; thence South
2?" 37' 40' East 7.70 feet; thence North 61'38' 21" West 6.93 feet; thence North 84'24' 21" West
73.81 feet; thence North 88" 10' 1O'West 61.03 feet; thence North 89'08' 49" West 171.91 feet;
thence North 78'53' 28'West 10.37 feet; thence North 58' 26' 49'West 12.62 feet; thence North
12' 20' OO" East 7.62 feet to the Point of Beginning and containing 1,664 sg. ft. (0.038 acre), more
or less.
RETENTTON WALL UNDERGROUND FOUNDATION EA$FJl,,Itilt
97065?97
RETENTION WALL UNDERGROUND FOUNDATION EASEMENT
Page 2 of 3
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
A five (5) foot wide, more or less, temporary construction easement adiacent to the above described
permanent easement and located on the North side thereof, being more particularly described as
follows: Beginning at a point 764.00 feet West and 50.97 feet North 12" 20'OO" East of the
Southeast corner of the Southeast Quarter (SE%) of the Southwest Quarter (SW/.) of said Section
35, said point of beginning being North 12' 20' OO" East 24.97 feet from the intersection of the north
boundary line of Township Street and the East right of way line of U.S. Highway 71 Business: thence
South 74'04'44" East 2O.2gleeti thence South 89'08'49" East 171.91 teet; thence South 88'37'
39" East 30.89 feet: thence South 84" 24' 92" East 106.53 feet; thence South OO" 51' 1 1" West 5.00
feet: thence North 84' 24' 92" West 106.53 feet; thence North 88" 37' 39' West 30.89 feet: North
89' 08' 49" West 171.91 feet: thence North 75' 51' 03" West 1 1.83 feet; thence North 45' 56' 07'
West 11.01 teet to the point of beginning and containing 1,626 sq. ft. (0.037 acre), more or less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enioyment
of the rights herein granted.
This temporary construction easement as conditioned above, shall terminate when the hereinabove
referenced proiect has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction easement shall exclude any permanent
structure presently located within said temporary construction easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such retention wall
and retention wall underground foundation shall be maintained, together rvith free ingress to and egress ,rom the
real estate first hereinabove described lor the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enioy the said premises except for the purposes hereinbefore granted
to the said Grantee, which hereby agrees to repave the driveway/parking area of this easement after initial
lnstallation and any future time that it is necessary for the Grantee to remove such pavement ,or repair or
replacement of the retention wall underground foundation. Grantor shall be responsible for pavement maintenance
and upkeep of the paved area of this permanent easement area during normal times; i.e. times not under
construction or maintenance by the Grantee.
The Grantor agrees not to erect any buildlngs, structures, or fences in said permanent easement.
The Grantee shall have the right to maintaln and reconstruct any portion or all of the retention wall
underground foundatlon at any tlme in the future and agrees to repalr, replace or pay any damages as a result of
such future reconstructlon or maintenance as determined by three disinterested persons, one of whom shall be
appointed by said Grantor, one by said Grantee and the third by the two so appointed as aforesaid, and the written
award of such three persons shall be final and conclusive.
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 ls 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.
WTNESS the execution hereof on this the -?€fr day ot ..€zo4ol&Ez , t992.
J. M- U., lnc., 8tr Arkansas Corporation dlb/a Day's lnn
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Umi Surati, Secretary-Treasurer
Pagc ? o( I
(opcrreSd)
Jay Surati, President
g7t)65?98
RETENTION WALL UNDERGROUND FOUNDATION EASEMENT
Page3of3 t EXHIBIT A
Pagc .; oF I
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF WASHINGTON
BE lT REMEMBERED, that on this date, belore the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared Jay Surati and Uml Surati, to me well known as
the persons who executed the toregoing document, and who stated and acknowledged that they are the Presldent
and Secretary-Treasurer of the J.M.U., lnc., an Arkansas corporation d/b/aDay's lnn, and are duly authorlzed
in their respective capacities to execute the foregoing instrument for and ln the name and behalf of said corporatlon,
and 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 onthisPl 4 day ot <47AEp ,1gg7.
MY COMMISSION EXPIRES:
45-a/:?aa
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97t|65799
NETTE\I LLE
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THE CIW OF FAYETTEVILLE, ARKAT.ISAS
EXHIBIT A
PaS< O oF I
August 14, 1997
J. M. [J., lnc., dlbla Day'S Inn
Mr. Jay Surati, President and General Manager
2402 N. College Ave.
Fayetteville, AR 72703
RE: Township-College Intersection lmprovement
Job No. 97024
Tract No. 01
Revised Offer Letter
Dear Mr. Surati:
As you are aware, the City of Fayetteville is planning to make some improvements to the
intersection of Township Street at North College Avenue. As part of this improvement, it will
be necessary for the City to obtain from Day's lnn a small amount of additional right of way
along Township as well as some permanent and temporary construction easement across a
portion of your property for this project.
lncluded is a reduced size general map of the project which also shows your specific
property depicting the anticipated areas required for additional right of way, permanent and
temporary easements. As noted, the new right of way on Township will be moved back about
1O feet to allow a right turn lane of Township onto College going North. This additional 10 ft.
right of way will go from your South entry along Township to the intersection at College.
Lesser amounts of additional right of way are required East of your South entry.
A retaining wall will be installed on the North edge of the new right of way. The back
of this wal! will be approximately 3O feet South of the front of your building, while it will still
be approximately 12teet from the building at the narrowest part which allow for trucks to pass
at this point. The new retaining wall will also have a 3% ft. bar railing. Other noted changes
are an expanded South entry, going from 35 ft. wide to 50 ft. wide to accommodate a sharper
turning radius. Your South entry off of College is to be moved North approximately 20 feet,
reduced in width from 40 ft. to 25 ft. since this port basically can only be used for entry
purposes. Two billiards will be placed at the SE corner of the building at the narrowest distance
to the retention wal! for building protection purposes.
lncluded herewith is a Retaining Wall Section specification sheet. As noted therein, the
foundation for the retaining wall will extend North approximately 3'-3". This is the area for
which the City is requesting a 5.0 ft. Permanent Easement. Since this area must be trenched
for the foundation, a 5.0 ft. Temporary Construction Easement is also required. The temporary
construction easement wil! terminate upon completion and acceptance of the project by the
City. The new right of way along Township will be conveyed to the City via Warranty Deed.
I 13 TYEST MOUMAIN 72701
FAX
501 -52I -7700
501-575-E257
I
J. M. u., lnc., dlbla Day's lnn
Mr. Jay Surati
Offer Letter
Page 2 of 3
EXHIBIT A
Pagc 7 o( I
J. M. U., lnc. is entitled to compensation for the right of w?y, easements, improvements and
other damages to trees and landscaping. There are six Pine trees East of the South entry that
must be removed for implementation of that change. Additionally, there are 14 small bushes
that will have to be replaced. The City proposes to compensate you for these items so that you
have the flexibility to replant according to your desires.
After reconsideration, the City of Fayetteville hereby offers $25,51O.OO as compensation for
the acquisitions as listed below:
Right of Way 2,890 ft2 @ $5.80/ft2
Permanent Easement 1,664 ft2 @ $1.451ft2
Temp. Const. Esmt, 1 ,626 ft2 @ $0.58/ft2
Landscape (6) Trees @ $21 O & fi4ll Bushes @S40
lmprovements: Asphalt Pavement-
2,890 ft2 @ $1.251ft2
$
$
$
$
$
$
$
16,762
2,41 3
943
1,776
3,613
Total Compensation 25,507
SAY 25,510
The offer amounts are based upon an adjusted independent appraisal recently conducted by Mr.
Mark Risk GAA, CGO2O? on July 18, 1997. A copy of his Summary sheet is attached.
Adjustments were made to reflect more standard City rates for easements than were used by
the appraiser. The above offer is made by the City staff contingent upon City Council approva!.
lf this offer amount is acceptable, we will seek Council approval.
Should you elect to accept this offer, the Warranty Deed and Retention Wall Foundation
Easement (which contains both the Permanent and Temporary Construction Easements) should
be executed by yourself and Mrs. Surati in your capacities as principals of J.M.U., lnc. The
document should be notarized and returned to the City of Fayetteville. A City Land Agent will
be pleased to witness and notarize the execution of the document if you will advise our office
accordingly. Upon receipt of this document, and City Counci! approval, a check will be
requested and you will be paid the amount indicated in this offer letter.
lf you make a final rejection of this offer, you do have certain legal rights which are
outlined hereafter. Upon your final rejection of this offer, and if the City of Fayetteville elects
to do so, a suit of condemnation may be filed and the amount that the City has determined, and
offered herein, to be just compensation for the use of your property will be deposited with the
Registry of the Circuit Court of Washington County. You ]rroy, at that time, elect to accept the
amount deposited as just compensation and the amount will be paid to you thereby disposing
of the condemnation suit.
-+
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EXHIBIT A
Pagz g oF I
lf you do not elect to accept the amount deposited as just compensation, then you may
withdraw the amount placed on deposit without prejudice to your rights to claim additiona!
compensation. !n this event, you will be entitled to a trial by jury in the Circuit Court to
determine just compensation for your lands condemned. ln either event, payment of the
estimated just compensation will be made available to you.
We, however, trust that you will accept the offer made herein by executing the included
documents. A reduced copy of each document is included for your records. We can provide
a copy of the recorded document upon your request and at the appropriate time. Please
provide us with a Tax ldentification Number for the corporation so that a check can be written.
A Vendor Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all
phases of this project and the associated documents. Please contact Ed Connell at (5O1!- 444-
3415, Sid Norbash at 575-8205 or I myself at 575-8206 if you have questions or comments.
Sincerely yours,
J.M.tJ., !nc., dlbla Day's Inn
Mr. Jay Surati
Offer Letter
Page 3 of 3
Donald R. Bunn
City Engineer
DRB/kc
Attachments
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