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HomeMy WebLinkAboutOrdinance 3634 f FILED f _ RECORD ' 92 AUG 14 p17 1, 55 ORDINANCE NO , 3634 WASHiFJ ; ION CO AR A . KOLLAEYER AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN APPROXIMATELY . 88 ACRES , TRACT 71 , OWNED BY NATIONAL OIL SUPPLY , INC . , WHICH IS PART OF THE AIRPORT FEDERAL LAND ACQUISITION PROJECT �y AREA . V4 X BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors authorizes and directs the city attorney of the City of Fayetteville , Arkansas to initiate legal action , in order to obtain property needed for the airport federal land acquisition project , on the property described below : A ) Tract No . 71 , containing approximately . 88 acres , owned by National Oil Supply , Inc . , as more fully set forth in the legal description attached hereto as Exhibit vAn Section 2 , The Board of Directors hereby determines that the immediate acquisition of the above-described property for the airport federal land acquisition project is necessary for runway approach and transitional area protection/obstruction removal and is essential for the public health , safety and welfare . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after it ' s passage and approval . PASSED AND APPROVED this 4th day of August , 1992 . APPROVED , By . Mayor ATTEST : By : njL 62pct su City C1 rk 92 41408 CRP .TNICATE OF RECORD Stake of A.rr:vnsas City of haya2teville 1, .ilierry ` humsas, City Cl9fk it"d Rif Officto recorder for the City ?+f t aaaltevilte, do hereby certify that tiro annexed or foregoing is of record W iv y office and the same appears M E>rGinenee & Resolution book XrV2L=. a pmWitness my liarran and. Sea! qday of 19 Crtr Creri rn Ei•omdo 1Racordar EXHIBIT ^A^ Part of the Southwest Quarter ( SW1 /4 ) of the Southwest Quarter ( SW1/4 ) of Section 33 , in Township 16 North of Range 30 West , as described as follows , to-wit : Beginning at a point where the North line of said forty acre tract intersects the center line of the concrete slab of U . S . Highway No . 71 , and running thence South 2024 ' West with the center line of said Highway slab 7 . 75 chains ( 511 . 5 feet ) for a beginning point , which beginning point is the South line of the gravel road known as the Bellview Road , thence West along the South side of said road 200 feet , thence North 191 feet thence East 200 feet to the center line of the concrete slab of U . S . Highway No . 71 thence South along the center line of said Highway 191 feet to the place of beginning, located in the City or Town of Greenland , County of Washington , and State of Arkansas . 92 41409 § ff � t � ` ' � 1 : ` � - � § ! . . ® \ k $ 2 \ < � f � . : . : : \ 7 \ � a 1 1 ' ORDINANCE NO. 3634 STATE of ARKANSASJ} AN ORDINANCE AUTHOR- SS. IZING EMINENT DOMAIN County of Washington PROCEEDING FOR THE CITY TO OBTAIN APPROXI- MATELY 88 ACRES , -� �) C Q /� 1 TRACT 71 . OWNED BY NA- I ' , ✓ , .,,JC/� hereby certify that TIONAL OIL SUPPLY, INC., WHICH IS PART OF THE am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper AIRPORT FEDERAL LAND having a second class mailing privilege, and being not less than four pages of five AAR OUISITION PROJECT columns each, published at a fixed place of business and at a fixed (daily) intervals BE IF ORDAINED BY THE 1 continuously in the City of Fayetteville, County of Washington. Arkansas for more BOARD CIT DIRECTORS thane period of twelve months, circulated and distributed from an established lace OF THE CITY OF TORS I P TEVILLE, ARKANSAS: Of business to subscribers and readers generally of all classes in the City and County Section 1. That tee Board for a definiterice for each of Directors authorizes and P copy, or 8 fixed price per annum, which price W85 fixed directs the city attorney of at what is considered the value of the publication, based upon the news value and ser- the City of Fayetteville. Ark- vice value it contains, that at least fifty percent of the subscribers thereto have paid ansas to initiate legal ac- tion, in order to obtain cash for their subscriptions to the newspaper or its agents or through recognized news property needed for the -air- dealers over a period of a least six months; and that the said newspaper publishes an port fedora) land acquoperisitie - average of more than f percent news matter. project. ,federal Ina property ion � dIty scribed below: I A) Tract No. 71 , containing I further certify that the legal notice hereto attached in the matter of approximately .88 acres, owned by National Oil ^I N � � `' 3t, , � � Supply, Inc., N more fully ( / ' t set forth in the legal de- ^ rl� scription attached hereto as ' Exhibit -A-. was published in the regular daily issue of said newspaper for Section 2. The Board of Di- rectors hereby determines consecutive insertions as follows: that the Immediate acquisi- tion of the above-described x UTJI��• property for the airport fed- The first insertion on the _GJ— day of 19 oral land acquisition project is necessary for runway ap- the second insertion on the day of 19 preach and transitional area protection/obstruction re- moval and is essential for the third insertion on the day of 19 1 the public health, safety and welfare. Therefore, an emergency is hereby dec- and the fourth insertion on the day of 19 fared to exist and this ordi- nance being necessary for the public health, safety and welfare shall be in full force and effect from and after it's passage and blisher General Manager approval. eZ PASSED AND APPROVED this 4th day of August. XiA 1992. Sworn to and subscribed before me on this / APPROVED: day of By: Fred S. Vorsanger Mayor 19 ATTEST: By: Sherry L Thomas City Clark EXt Pert Southwest Quarter the the t5w1 /4Y of the Notary Public Southwest W1/4) Section 33, in Township 1 33. in (5 18 North of Range 30 West. as described as fol- My Commission Expires: lows, to-wit: Beginning at a Point where the North line q � D l 0 of said forty acre tract in- tersects the center line of the concrete stab of U.S. Highway No. 71 , and run- ning thence South 2024' West with the center line Fees for Printing $ �Oq• of said Highway slab 7.75 , g chains (511 .5 feet) for a be- ' ginning point. which begin- : Cost of Proof $ ning point istheSouth line of the gravel read known as ' the BelNiew Road. thence Total West along the South side , of said road . 200 feet, i thence North 191 feet thence East 200 feet to the center line of the concrete slab of U.S. Highway No. , 71 thence South along that centerline of said Highway 191 feet to the place of be- ginning, located in the City or Town of Greenland. County of Washington, and State of Arkansas. PHOTOGRAPHS f r�M FRONTAGE LOOKING • �5 BAILEY DRIVE yw tey, as .,iii« . FRONTAGE y • • WAREH k. s, • USE - EAST & SOUTH SIDES • • NORTHWESTERLY r � ■ Photographs cont ' d , . !fan-^------ - - ------ a WAREHOUSE - NORTH & EAST SIDES - LOOKING SOUTHWESTERLY :tpppp 1 WAREHOUSE /OFFICE AREA - WEST SIDE - LOOKING NORTHEASTERLY 5 I , IA wj'r'r..c ..- 8' SMINGDALE A. kt . COUNTIF T, . .n •aa1� {� � Xlek ... I It LLii iCrr /,�' T i L �V o cww , , t WAR- °' i. .`I i 1 IF —.._ . _ _I .am. p fR r —_ — • F r ✓. $ • mk all lim Is 4 4F All \ � u FAY 3 Il — It •:y slL •,4 MY am C ,*fy 'f'l;C �`I�`• O �. •' P. q1 A y C G t.' VIIdd •fir e� �• _. . 0 _ r ..: IIW1a ` ` .. I �. r r {rfe s.✓.+v' -,.. r1]/ j. h± n y'�r�.. r E� -'t r � t A.(a• i •T I s. GREFNIAfSD:� f .. V .1 4.rr .L y x�•1 ] ?t LS ` 4 4J i1+ ?34 , My� ~ vy s dr `' y,1'- ..r.. -fl a '" . . _' � .: •t �rT 'b I}pf ��.� b. r, �:.n � . � _:,r- r t �� •(iNti' `u•'�. yjt y � ' �'.:�. 44 �w, rrrr � "r6P1 yy < I -' 'G5 iu t •'. yl] n • c} -! 3 .• ? ° ] Svc + yk•,+ r� eCl y ■ s t s a t E s a rt t ■ IDENTIFICATION OF PROPERTY Property : National 011 6 Supply Co . , Inc . Property presently occupied by Con-Way Southwest Express , a division of Consolidated Freightway . Address : Northwest Corner of U . S . 71 /Bailey Drive , Greenland , Arkansas , Washington County Legal Description of Property : Part of the Southwest Quarter ( SW 1 / 4 ) of the Southwest Quarter ( SW 1 / 4 ) of Section 33 , in Township 16 North of Range 30 West , and described as follows , to -wit : Beginning at a point where the North line of said forty acre tract intersects the center line of the concrete slab of U . S . Highway No . 71 , and running thence South 2 degrees 24 minutes West with the center line of said Highway slab 7 . 75 chains ( 511 . 5 feet ) for a beginning point , which beginning point is the South line of the gravel road known as the Bellview Road , thence West along the South side of said road 200 feet , thence North 191 feet , thence East 200 feet to the center line of the concrete slab of U . S . Highway No . 71 , thence South along the center line of said Highway 191 feet to the place of beginning , located in the City or Town of Greenland , County of Washington , and State of Arkansas . Actual_site dimensions utilized in this report are from survey which appears later . PURPOSE OF APPRAISAL The purpose of this appraisal report is to estimate the market value of the subject property as of March 3 , 1992s The client ' s intended use of the report is as a basis for acquisition of the, property in connection with the Fayetteville Municipal Airport Land Acquisition Program . PROPERTY RIGHTS APPRAISED The property rights being appraised are those of an assumed fee simple ownership . The owner of the subject property is National Oil S Supply Co . , Inc . , a Missouri Corporation . CITY AND REGIONAL DATA It is assumed that all readers of this report are well informed about the City of Greenland as well as the Metropolitan area and a long dissertation about the economic conditions of the area is not necessary . Greenland is located in the central part of Washington County , immediately South of Fayetteville , the county seat of Washington County , The 1990 population of Greenland was 622 . 7 NEIGHBORHOOD DATA Geographic Boundaries : The subject neighborhood is located in Greenland , Arkansas , along U . S . Hwy 71 and vicinity . The Highway 71 Bypass appears to be the North neighborhood boundary and the South Greenland City Limits are considered the southern boundary . Arterial Roadways : The major roadway within the neighborhood is U . S . 71 . This is a heavily traveled North- South thoroughfare with four lanes and a center turning lane . The 1988 Arkansas Transportation Map indicates an average daily traffic count on 71 in the neighborhood ranging from 16 , 560 in the south to 18 , 000 in the North . The 1991 count is expected to be higher . Built Up : The neighborhood appears to be over 758 developed , considering the Fayetteville Municipal Airport . The overall occupancy rate is in the 85 to 958 range . Summary/Conclusions : Subject property is located on the West side of U . S . 71 at the Northwest Corner of the intersection of Bailey Drive with said 71 . This . location is in the North Central part of the neighborhood . Property uses in close proximity to subject include : A welding shop and residences to the West ; A residence to the North ; Fayetteville Municipal Airport property to the East , across U . S . 71 ; And , two mobile home parks to the south , across Bailey Drive . The Fayetteville Municipal Airport is located on the East side of U . S . 71 in the immediate subject neighborhood . Subject is located West , across 71 from the North end of the runway . The majority of the subject neighborhood is the small community of Greenland . Commercial and industrial property comprise the majority of neighborhood property use . The breakdown of property uses is estimated to be 158 single - family , 208 commercial , 308 industrial , and 358 vacant / airport . Utilities available in the neighborhood include public water 8 sewer , natural gas , electricity , and telephone service . Subject neighborhood appears to be in the stability to declining stage of its life cycle . No new construction was observed . Marketing time for properties in the neighborhood appears to be over six months . 8 a 0 SCOPE OF THE APPRAISAL The scope of this appraisal involves the application of the "Appraisal Process " in estimating the market value of the subject property . Subject was last inspected on March 3 , 1992 . Employees of Con-Way Express were present at the time of my inspection . Photographs were taken of the site and improvements . In addition , subject warehouse was measured . An interior inspection of the building was also made . Pertinent locational information was also obtained at the property inspection . The legal description of the property and the survey of the site were furnished by the client . Applicable property tax data was obtained at the Washington County Courthouse . The highest and best use of the property was projected based upon location , physical characteristics , zoning , existing use , etc . The Cost and Sales Comparison Approaches were relied upon in this report . The "Approaches To Value " are described later in the report . The Income Capitalization Approach was also presented , however , was given little consideration due to the condition of the building and lack of warehouse rentals in the neighborhood . Finally , the value indications were reconciled into a final estimate of defined value . DATE OF APPRAISAL The date for which this value estimate is applicable is March 3 , 1992s The date this appraisal report was prepared was March 4 , 1992 . 9 mom DEFINITION OF MARKET VALUE The term "Market Value " as used in this appraisal report is defined as follows : " The most probable price which a property should bring in a ' competitive and open market under all conditions requisite to a fair sale , the buyer and seller , each acting prudently , knowledgeably , and assuming the price is not affected by undue stimulus . Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby : a . buyer and seller are typically motivated ; be both parties are well informed or well advised , and each acting in what he considers his own best interest ; ce a reasonable time is allowed for exposure in the open market ; d , payment is made in terms of cash in U . S . dollars or in terms of financial arrangements comparable thereto , and ; e . the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale . " ' DEFINITION OF FEE SIMPLE ESTATE "Absolute ownership unencumbered by any other interest or estate ; subject only to the limitations of eminent domain , escheat , police power , and taxation . " ' DEFINITION OF HIGHEST AND BEST USE The definition of highest and best use is as follows : 1 . The reasonable and probable use that supports the highest present . value of vacant land or improved property , as defined , as of the date of the appraisal . 2 . The reasonably probable and legal use of land or sites as though vacant , found to be physically possible , appropriately supported , financially feasible , and that results in the highest present land value . 3 . The most profitable use . Implied in these definitions is that the determination of highest and best use takes into account the contribution of a specific use to the community and community development goals as well as the benefits of that use to individual property owners . Hence , in certain situations the highest and best use of land may be for parks , green belts , preservation , conservation , wildlife habitats , and the like'. The four tests that must be met to determine highest and best use are as follows : 1 ) Physically possible ; 2 ) Legally permissible ; 3 ) Financially feasible ; And , 4 ) Maximally productive . ' American Institute of Real Estate Appraisers , The Dictionary of Real Estate Appraisal , ( Chicago : American Institute of Real Estate Appraisers , 1984 ) , P . 194 , 2American Institute of Real Estate Appraisers , The Dictionary of Real Estate Appraisal , ( Chicago : American Institute of Real Estate Appraisers , 1984 ) , 123 . 3Ibid . Pg . 152 . 10