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
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' 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
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FRONTAGE LOOKING •
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BAILEY DRIVE
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FRONTAGE y • •
WAREH
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• USE - EAST & SOUTH SIDES • • NORTHWESTERLY
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Photographs cont ' d ,
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WAREHOUSE - NORTH & EAST SIDES - LOOKING SOUTHWESTERLY
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WAREHOUSE /OFFICE AREA - WEST SIDE - LOOKING NORTHEASTERLY
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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 .
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