HomeMy WebLinkAboutOrdinance 4157 ORDINANCE NO, 415 7 FILED FOR RECORD
AN ORDINANCE AUTHORIZING EMINENT DOMAIN '`/N Zy PI7 1 31
PROCEEDINGS FOR THE CITY TO OBTAIN LAND WASIf,
LOCATED NORTH OF MT. COMFORT RROADANDWES GTON CO AR
SALEM ROAD FOR THE EXTENSION OF RUPPLE ROAD; ARNESS
AND AUTHORIZE NEGOTIATIONS WITH MR. & MRS.
HARDIN FOR THE PURCHASE OF THEIR PROPERTY ON
MT. COMFORT ROAD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council authorizes and directs the city attorney of the City of
Fayetteville, Arkansas, to initiate legal action in order to obtain fee simple title of property and
temporary construction and grading easements, as described below, for the extension of Rupple
Road:
See Exhibit "A" attached hereto and made a part hereof.
Section2. The City Council hereby authorizes city staff to initiate negotiations with
Mr. & Mrs. Hardin for the purchase of their home and property at 3670 Mt. Comfort Road.
PAqp iND APPROVED this 2� n •day of April 1999.
IX
APPROVED:
J
Fre arena, Mayor
ATTEST':
By: Za . lL`
Heather Woodruff, City Jerk
99057331
i
Page 2
Ordinance No. 4157
EXHIBIT "A"
Property Owners:
Tony Hardin and Bobbye Hardin
Property Description:
Part of the Fractional Northeast Quarter (Frac. NE'/4) and a part of the Southeast Quarter (SE'/4)
of Section One (1), Township Sixteen (16) North, Range Thirty-one (3 1 ) West, also a part of the
Southwest Quarter (SW'/4) of Section Six (6), Township Sixteen (16) North, Range Thirty (30)
West, being more particularly described as follows: Beginning at the Southeast corner of the said
Fractional Northeast Quarter (Frac. NE'/4) of said Section One (1), and running thence North 021
52' 25" East 129.99 feet; thence North 85° 21 ' 49" West 50.00 feet; thence South 020 52' 25"
West 238.96 feet to the existing North right of way line of Mount Comfort Road; thence along
said North right of way line, North 85° 55' 49" East 48.25 feet; thence North 83° 31 ' 25" East
35 .82 feet; thence North 83° 31 ' 25" East 43 .94 feet; thence North 800 41 ' 25" East 50.40 feet;
thence leaving said North right of way line, North 09° 18' 35" West 15 .00 feet; thence South 800
41 ' 25" West 50.03 feet; thence South 83° 31 ' 25" West 56.65 feet; thence North 47° 34, 30"
West 23.24 feet; thence North 02° 52' 25" East 68.31 feet; to the Point of Beginning and
containing 13,807 square feet (0.317 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses. This bearing system may vary from the
bearings used in previous descriptions of this property.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION
Part of the Fractional Northeast Quarter (Frac. NE'/4) and a part of the Southeast Quarter (SE'/4)
of Section One (1 ), Township Sixteen (16) North, Range Thirty-one (3 1 ) West, also a part of the
Southwest Quarter (SW'/4) of Section Six (6), Township Sixteen (16) North, Range Thirty (30)
West, being more particularly described as follows: Commencing at the Southeast comer of the
said Fractional Northeast Quarter (Frac. NE'/4) of said Section One (1 ), thence naming South 02°
52' 25" West 45 .99 feet to the Point of Beginning; thence South 86° 57' 35" East 119.04 feet;
thence South 09° 18' 34" East 17.40 feet; thence South 80° 41 ' 25" West 50.03 feet; thence South
83° 31 ' 25" West 56.65 feet; thence North 47° 34' 30" West 23.24 feet; thence North 02° 52' 25"
East 22.32 feet, to the Point of Beginning, and containing 3,404 square feet (0.078 acre), more or
less.
9905'7332
Page 3
Ordinance No. 415 7
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses. This bearing system may vary from the
bearings used in previous descriptions of this property.
ALSO,
A temporary construction and grading easement fifteen (15) feet of equal and uniform width for a
distance of 119.79 feet, then five (5) feet of equal and uniform with for the remaining 56.44 feet
along the west line, being more particularly described as follows: Beginning at the Southwest
comer of the Fractional Northwest Quarter (Frac. NW'/<) of Section Six (6), Township Sixteen
( 16) North, Range Thirty (30) West, thence North 020 52' 25" East 176.23 feet, thence South 870
07' 35" East 5.0 feet; thence South 02° 52' 25" West 56.44 feet; thence South 87° 07' 35" East
10.0 feet; thence South 02° 52' 25" West 119.83 feet; thence North 86° 57' 35" West 15 .0 feet, to
the Point of Beginning and containing 2,079 square feet (0.048 acre), more or less.
The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the
system which the City of Fayetteville presently uses. This bearing system may vary from the
bearings used in previous descriptions of this property.
1905'7333
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To : Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: April 27, 1999
Attached is a copy of the ordinance authorizing condemnation of property owned by Mr. and
Mrs. Hardin on Mt. Comfort Road. The original will be microfilmed and filed with the city
clerks office.
cc. City Attorney
File
�l y- LS7 333- �
r
acorder for Washington County, Arkansas, do hereby
pegify that thiff instrument was filed for record in my
pffico as Ind!cated haroon and the same is now duty
recorded with the acknowledgement and certificate
thereon In RacQrd Book and Page as indicated thereon.
IN WITNESS WHEREOF, I heva h^rounto set my
hard and affixed the seal of said Court on the data mdi-
cn 3d horoon.
I,: .;loan virnase
Cl:utt Cta.k d [xaHl�c ) Reryardderr
ORDINANCE NO. 4157 The bearings for this descrip- MICROFILMED %A' kJ . - `-' ° i4 `TI >
AN ORDINANCE AUTHORIZ. tion are based on Arkansas
ING EMINENT DOMAIN PRO- State Plane Coordinates, North STATE OF ARKANSAS
CEEDINGS FOR THE CITY TO Zone, the system which the JUN 0 7 1999
OBTAIN LAND LOCATED City of Fayetteville presently
NORTH OF NIT. COMFORT uses. This bearing system may as. �p py �f ;[ T
ROAD AND WEST OF SALEM vary from the bearings used in County of Washington "IWANClc la
ROAD FOR THE EXTENSION previous descriptions of this rY rYli
OF RUFFLE ROAD; AND AU- Property.
THORIZE NEGOTIATIONS 1, JEFF JEFFUSr hereby ' that I am the publisher of THE
certify 7
WITH MR. 8 MRS. HARDIN NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
FOR THE PURCHASE OF
T. TEMTION AND GRADRARY ING EASE. mailing privilege, and being not less than four pages of five columns each,
NSTRUC-
THEIR PROPERTY ON MT. g P g 9 p 9
COMFORTROAD. MENT DESCRIPTIpN published at a fixed place of business and at fixed (daily) intervals
BE IT ORDAINED BY THE Pan of the Fractional Northeast continuously in the City of Fayetteville, County of Washington, Arkansas for
CITY COUNCIL OF THE CITY Quarter (Frac. NEn) and a part
OF FAYETTEVILLE, ARKAN- of the Southeast Quarter (SEn) more than a period of twelve months, circulated and distributed from an
9A5: of Section One (1 ), Township
Sixteen (16) North, Range Thir-
established place of business to subscribers and readers generally of all
Section 1. That the City Council None (31) West, also a part of classes in the City and County for a definite price for each copy, or a fixed
authorizes and directs the city the Southwest Quarter (SWn)
attorney of the City of Fayette- of Section six (6), Township price per annum, which price was fixed at what is considered the value of the
villa, Arkansas. to initiate legal Sixteen (16) North, Range Thir- publication, based upon the news value and service value it contains, that at
action in order to obtain fee ty (30) West, being more panic-
simple title Of property and tem- ularly described as fellows: least fifty percent of the subscribers thereto have paid for their subscriptions
ease construction and grading Commencing as the Southeast to the newspaper or its a agents or through recognized news dealers over a
easements, as described be- corner of the said Fractional9 9 g
low, for the extension of Rupple Northeast Quarter (Frac. Ni period of at least six months and that the said newspaper publishes an
Road: of said Section One (1), thence ,
running South 020 52' 25' West average of more than forty percent news matter.
Sea Exhibit 'A' attached hereto 45.99 feet to the Point of Begin. l
and made a part hereof. ning; thence South 860 57' 35'
East 119.04 feet: theme south . I further rtify that the legal notice attached in the matter of
Section ut The City Council the 18' out East 17.40 West , �(./Jr�
hereby authorizes city staff to thence South e00 41' 25' West �L/6]rILLLN000((1..,�lllfLL( - /!/
initiate negotiations with Mr. 8 50.03 lest; thence South 830
Mrs. Hardin for the purchase of 31' 25' West 56.65 feet; thence
their home and property at North 47° 34' 30' West 23.24
3670 Mt. Comfort Road. feet: thence North 02° 52' 25' was published in the 'E'
e ular d 'I I
East 22.32 feet, to the Point of P g y 'ssue of said newspaper for
PASSED AND APPROVED Beginning, and containing consecutive insertions as foil S:
this 20th day of April 3.404 square feet (0.078 ave),
1999. more or less.
APPROVED: The bearings for this descrip- The first Insertion On the day of 19
tion are based on Arkansas
State Plane CoornateNorththe second insertion on the da of 19 —
By; Zone, the system which the y
Fred Hanna, Mayor City of Fayetteville presently
uses. This bearing system may
ATTEST: very from the bearings used in the third insertion on the day of 19 —
previous descriptions of this
By: property.
Heather Woodruff, City Clerk ALSO, the fourth insertion on the ay of 19
EXHIBIT 'A'
A temporary construction and
Property Owners: grading easement fifteen (15)
feet of equal and uniform width /General Manager
Tony Hardin and Bobbye Har. for a distance of 119.79 feet, '
din then five (5) feet of equal and
uniform with for the remaining Sworn to and subscribed before me on this day of
Property Description: 56.44 feet along the west line,
being more particularly descri-
Part of the Fractional Northeast bed as follows: Beginning at the 19
Quarter (Frac. NEn) and a part Southwest corner of the Frac.
of the Southeast Quarter (Si tional Northwest Quarter (Free.
of Section One (1 ), Township NWA) of Section Six (6), Town.
.Sixfeeb1161_NOM, Range Thir. i ship Sixteen (16) North, Range
Thi 30 �rruurrrrrrrrrrrrani!!!!t!! r Notary Public
None (31) West, also a pert of Thirty ( ) West, thence North r
the Southwest Quarter (SWx) 02 52' 25' East 176.23 feet, Catherine Sall r
Of Section Six (6), Township thence South 87° 07' 35' East fi 1
5.0 feet; thence South 02° 52' Nota Public° State of Arkansansixteen (,6> Norm, Range Thir- My Commission Expires:N (30) Wes6 Doing morepartio 25' West 56.44 feet; thence W85111nRtOn Ufny
ularly described as follows; Be- South 87° 07' 35' East 10.0M Commission Fix 'fellginning at the Saaheast corner feet, thence South 02° 52' 25' y I=7fof the said Fractional Northeast West 119.63 feet; thence North KKC(((t((t(((t((tCtCC&C""
Quarter (Frac. NEn) of said 86 57' 35' West 15.0 feet, to Fees for Printing.......................................................$
Section One (1 ), end running the Point dl Beginning arid con-
thence North 02° 52' 25' East (airing 2,079 square feet (0.048
129.99 feet; thence North 850 acre), more or less.
21' 49' West 50.00 feet. thence Cost of Proof.............................................................$
South 020 52' 25' West 238.96 The bearings for this descrip.
feet to the existing North right hon are based on Arkansas
of way line of Mount Comfort State Plane Coordinates, North Total..........................................................................$
Road; thence along said North Zone, the system which the
right of way line, North 850 55' City of Fayetteville presently
49' East 48.25 feet; thence uses. This bearing system may
North 830 31 ' 25' East 35.82 very from the bearings used in
feet; thence North 830 31 ' 25' Previous descriptions of this
East 43.94 feet; thence North property.
800 41 ' 25' East 50.40 feet;
thence leaving said North night _
Of way line, North 090 18' 35'
West 15.00 feet; thence South
800 feet;
t; t West North
4 feet;
thence South 830 31' 25' West
56.65 feet; thence North he ce
30' Wes* 23.24 feet; thence
North 02° 52' 25' East 68.31
feet; to the Point of Beginning
and containing 13,807 square
feet (0.317 acre). more or less. j
• r /
STAFF REVIEW FORM p ej� 757
X AGENDA REQUEST MICROFILMED
CONTRACT
ICROFIyMEDCONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of Anril 6. 1999
FROM:
Ed Connell A412z Eneineering Public Works
Name Division Department
ACTION REQUIRED: Passage of an ordinance authorizing City Attorney to seek court ordered possession
of 0.317 acre of land owned by Tony and Bobbye Hardin, located north of Mt. Comfort Road and west
of Salem Road for the purpose of extending Rupple Road from Mt. Comfort Rd. to the proposed new
middle school. Ordinance should also include specific temporary easements as noted.
COST TO CITY:
$ 26 134.00 $ 500 00 Ru 1 R Ar Im rovemen
Cost o1 [his Request Category Projected But Category Protect Name
ts
4470-9470-5809.00 $ 5 845
Account Num er Fun sUsed To Date Program Name
98032-30 $ 494, 155 Sales Tax CIP
Protect Num er Remammg Balance — Fun
BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached
r J
Budget CoordinatorA mmisha[ive Servicer
CONTRACT/GRANT/LEASE REVIEW:
RANTING CYo
eco mg a ger Date 1 rn An itor at
Date ADA Coordinator Date
111 3 - q -99
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends passage of this ordinance as Mr. Hardin refuses to discuss and negotiate
unless the compensation amount is three to four times that offered by the City. Staff requests an emergency clause be considered
so that the city can obtain possession and this project can be bid for construction. Other properties remain outstanding but staff
does not anticipate any problems.
n Hea / J Date Cross Reference
New Item: Yes _ No _
partment Director Date
f
Prev Ord/Res #:
Adinihis Itive es, -Director ate
Orig Contract Dale:
Maykr Date
Page 2
STAFF REVIEW FORM
Description: Authorization to seek condemnation of Tony & Bobbve Hardin r ge6rty: M . Comfort Road
eetmK�— g atD e Apn1 6, 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: March 4, 1999
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Works Director
Jim Beavers, City Engineer
FROM: Ed Connell, Land Agent.
RE: Rupple Road Extension To New Middle School
Right of Way Acquisition
Property of Tony and Bobbye Hardin
The City is working with the Fayetteville School District and surrounding developers to extend
Rupple Road from Mt. Comfort Road north to property which has been conveyed to the school
district for the construction of a new middle school.
Aside from the properties being donated for most of the new road, there are two properties,
located at the intersection of the new road and Mt. Comfort Rd. , which require right of way
acquisition by the City of Fayetteville, namely a 45 ± ft. wide section to be acquired from the east
side of the Mt. Comfort United Presbyterian Church property, and a 45 ± foot wide section from
the west side of property owned by Tony and Bobbye Hardin. There is also some additional right
of way to be acquired from each property owner along Mt. Comfort Rd. to accommodate curb,
gutter, retaining walls and drainage systems at this new intersection. While we have had
preliminary discussions with the Church on property that needs to be acquired, we have made
an official offer to Mr. and Mrs. Hardin, which has been emphatically rejected without further
chance of negotiations.
Over the past ten or more years, Mr. Hardin has owned a 0.70 acre tract of land (listed as Parcel
No. 765-13592-000; in City limits) in the SW corner of Fr. NWT/4 of Section Six(6), Township
Sixteen (16) North, Range Thirty (30) West. This original tract is shown in the attached drawing.
Mr. Hardin's house was built about 25 feet east of the west property line, while a shed goes to
a point about 6 feet away from the same west line. In 1998, Mr. Hardin was successful in
acquiring, for $10,000, a 0.45 acre tract of land which provided for a 50 ft. wide tract of land
adjoining the west side of most of Mr. Hardin's land, as well as a portion of land between Mr.
Hardin's south property line and the North right of way line of Mt. Comfort Road. This 0,45 acre
acquisition is shown as two parcels in the attached drawings. Two parcels are fisted since part
is in the city limits and part is outside. Although Mr. Hardin had enjoyed the use of this adjoining
land for years prior to his acquisition in 1998, it is not sure that the public discussions on the
possibility of putting a road here prompted his decision to purchase the land so as to continue
their enjoyment of the land and thwart any efforts to locate a road on the west side of their
house. This expression was made to other members of the community by Mr. Hardin. Mr. and
Mrs. Hardin are strongly opposed to the chosen location of this new road.
Fayetteville City Council
Hardin Property Condemnation
Page 2
Of the 0.45 acre tract of land purchased by Mr. and Mrs. Hardin in 1998, the city needs to acquire
0.317 acre or about 70% of that for this project. Buying the land based upon Mr. Hardin's
payment in 1998 would mean the value to be in the range of $7,000. The City had the required
acquisition appraised by an independent appraiser (Mark Risk of The Real Estate Consultants).
While the appraisal raised the value of the land to be acquired by 9% (on a unit basis) over that
paid by Mr. Hardin in 1998, the major cost of acquisition is associated with the damages that
occur to the house and property by taking away most of this same property that was purchased
last year. As noted in the attached appraisal , the following appraisal numbers were used as our
offer to Mr. and Mrs. Hardin on February 12, 1999:
R-O-W 13,807 SF @ $0.60/SF = $ 8,284
T.C.E. * 5,483 SF @ $0.09/SF = $ 493
Trees** _ $ 0
Improvements: None $ 0
Total ROW, TCE, Trees & Improvements $ 8,777
*Temporary Construction Easement
Damages or Benefits:
15% Damages to Residential Improvement = $ 143100
** 15% Damages to Remainder Land (including tree loss) _ $ 33257
Total Compensation and Offer to Mr. and Mrs. Hardin (02/12/99) $ 26, 134
As indicated by the above, Mr. Hardin was offered compensation at 2.5 times what he paid for
a tract 70% of the size. Said he wouldn't talk to the City even if it were four-five times what was
offered. This leaves the City with no choice except to secure this property by the power of
eminent domain. As noted by the attached documents, a fee simple acquisition for 0.317 acres
is required, while two Temporary Construction and Grading Easements, totalling 5 ,483 W, is
required from Mr. and Mrs. Hardin properties. The court will have to decide the value of
acquisition and damages to the remainder.
Washington County Parcels: Tony Hardin and Bobbye Hardin, H/W, owners
3670 Mt. Comfort Road
Fayetteville, AR 72704
Phone (w/recorder) 521 -0202
Fee Simple Acq.
No. 765-13592-000; 0.70 Acres Inside City Limits , 0.00 Ac acq. by City
No. 765-13649-010; 0. 18 Acres Inside City Limits , 0.05 Ac acq. by City
No. 001 -11380-011 ; 0.27 Acres Outside City Limits, 0.27 Ac acq. by City
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
January 25, 1999
Tony and Bobbye Hardin
3670 Mt. Comfort Road
Fayetteville, AR 72704
RE : Rupple Road Extension
Job No. 98032
Tract No. 2
Offer Letter
Dear Mr. and Mrs. Hardin:
The City of Fayetteville is planning the extension of Rupple Road from Mt. Comfort Road
north to the new school property. It is therefore necessary to obtain right of way and temporary
construction easements across a portion of your property for this project. The temporary
construction easements will terminate upon completion and acceptance of the project by the City.
Included is a general map of the subject area, as well as a drawing of your specific
property depicting the anticipated areas required for right of way and the temporary easements.
The City of Fayetteville hereby offers $8,284.00 for the acquisition of right of way ( 13, 807 square
feet), $493. 00 as rental of the lands associated with the Temporary Construction Easements
(5,483 square feet), and $17,357.00 as damages to the remaining property; making the total offer
amount $26, 134.00. These amounts are based on an independent appraisal done by The Real
Estate Consultants (a copy of the summary sheet is attached).
Should you elect to accept this offer, the Offer and Acceptance Contract (two originals
enclosed) contained herein should be executed by all parties with current ownership interest in
the particular property. The Offer and Acceptance Contract is subject to City Council approval.
Also enclosed are draft copies of the Warranty Deed and Temporary Construction and Grading
Easements.
If 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. The amount of just compensation for the purchase and use
of your property will be determined by an independent appraisal and deposited with the Registry
of the Circuit Court of Washington County. You may, 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.
113 WEST MOUNTAIN 72701 501 -521-7700
FAX 501 -575-8257
Mr. and Mrs. Hardin
Offer Letter, Page 2 of 2
If 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 additional
compensation. In this event, you will be entitled to a trial by jury in the Circuit Court to determine
just compensation for your lands condemned. In either event, payment of the estimated just
compensation will be made available to you.
We, however, ask that you accept the offer made herein by executing the attached Offer
and Acceptance Contract. Please return one copy of the fully executed Offer and Acceptance
Contract. (The other one is for your files. ) The Offer and Acceptance Contract must be approved
by the City Council and the document is subject to that approval .
Please provide us with a Tax Identification Number (Corporation) or Social Security
Number, with the return of the Offer and Acceptance Contract, so that a check can be written for
for the earnest money associated with such contract. 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 easements. Please contact Ed Connell at (501 ) 444-
3415, Jill Goddard at 444-3407, or I can be reached at 575-8206.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
Attachments