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
ACQUISITION EXHIBIT
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TREES
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POP ED FI �. �E nc• SBb'5T35'E (NOTE:
DIG g1pN �I v,\J� 119.04' TREES TO BE PROTECTED .r
\-/ _ — — — — — — — ail DAMAGE AVE F NC NG AND/ '11
_ E
OR OTHER MEANS TO PREVENT
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LEGEND NORT
HARDIN PARCEL ONE PARCELC00I-11380-011
R.O.W. ACQUISITION � OWNER: Wraus Tony B. PARCELv]65-13649-010
CITY ENGINEERING DEPARTMENT DEED: 98-004834 DATE: December 1998
TC 4 GE ACQUISITION FAYETTEVILLE, ARKANSAS
SCALE: I'•30'0DRAWN: SRC
nqz w (m) am-eu ru o (w) alFsva
—� •.y.v cnrn,n
PROPOSED
STREET
4'
•— _
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R '"
�ROPOS D I PROTECT I [PeROPOSED
URAINA E I MONUMENT
PIPE
Ae
SW CORNER, FRC, NWI/4 5 SECTION
SECTION
T -161N, R -30-W
15.00'
G 36•
m
X11.' \ \�� 1\
LEGEND
R.O.W. ACQUISITION
TC 4 GE ACQUISITION
119.83'' 1 1 .I, - 1 ,
HOUSE
0
' LPVTS OF CONSTRUC
15'
x X-
• % x%x -
RANGE LINT
.24
587'07'35°E 5.00'
0.00 PROTECT TREES
IN TCtGE
APPRAISAL REPORT
FOR
CITY OF FAYE1'IEVILLE
Limited Summary Appraisal Report
PROJECT Rupple Rd. Area Improvements (Project No. 98032)
COUNTY Washington
PARCEL N 765-13649-010, 001-11380-011,765-13592-000
LOCATION 3670 Mt. Comfort Road, Fayetteville, AR 72704 .:
FEE OWNER Tony & Bobbye Hardin
ADDRESS 3670 Mt. Comfort Road, Fayetteville, AR 72704
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 1.15 Acres AREA OF RESIDUAL 0.833 Acres
AREA OF PERMANENT ACQUISITION 13,807 SF or 0.317 Acre
(Descriptions attached)
• Temporary Construction Easement 5,483 SF or 0.126 Acre
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $ 30,000
Improvements S I I& lb0
Total $ 148,000
After
Land S 18,459
Improvements S 103900
Total S 122 359 . .
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION $ 25,641
As of 4th day of January 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 13,807 SF @ $ 0.60/SF - = $ 8,284 ....
T.C.E.' . 5,483 SF ® $ 0.60/SF x 0.15 x 1 = $ 493
Trees" = $ 0
Improvements: None = $_ 0
Total R -O -W, T:C.E., Trees, & Improvements S 8,777
• Damages or Benefits: $ 94,000 x 0.15 = $ 14,100
$21,716x0.15 =S 3.257
Total Compensation $ 26,134
ATTACIIMENTS:
Certificate of Appraiser
Photographs Appr tser, Mark E. Risk GAA e7.
202
Site & Improvement Data, H&B UseLegal Descriptions�Market Data Approach
SurveyTax Assessment Card'
' Temporary Construction Easement (T.C.E.) value is based upon the fee simple land valur_fiultiplied by the
Current Yield on comparable investments for a I year period plus a premium for inconveuiehce.• ,,:•' -
The trees to be removed are included in the R -O -W fee simple value. A portion of the dam ge9'io
the remaining property is attributable to the loss of trees. . .
Tony & Bobbye Hardin
Deed Ref. 98-04834
Deed Ref. 98-26085
Frac. NE -1-16-31
NE -SE -1-16-31
NOTE: Property descriptions have been rotated to Arkansas State Plane Coordinates, North Zone, system.
Title: Hardin property
Scale: 1 inch = 80 feet I File: HARDN-RW.DES
Date: 12-3-1998
Tract I:
0.450 Acres: 19611 Sq Feet:
1822.0
Sq Meters:
Closure = n88.0038w 0.12
feet: Precision =1/8614: Perimeter = 1062 feet
Tract 2:
0.700 Acres: 30492 Sq Feet:
2832.8
Sq Meters:
No significant closure error.
Perimeter = 726 feet
Tract 3:
0.317 Acres: 13807 Sq Feet:
1282.7
Sq Meters:
No significant closure error.
Perimeter = 811 feet
Tract 4:
0.078 Acres: 3404 Sq Feet:
316.2
Sq Meters: No significant closure error. :
Perimeter = 289 feet
Tract 5:
0.048 Acres: 2079 Sq Feet:
193.2
Sq Meters: No significant closure error. :
Perimeter = 383 feet
001=n02.5225e
129.99
016=n02.5225e
129.99
031=s09.1834e
17.40
002=n85.2149w
50.0
017=n85.2149w
50
032=s80.4125w
50.03
003=s02.5225w
238.96
018=s02.5225w
238.96
033=s83.3125w
56.65
004=n85.5549e
48.25
019=n85.5549e
48.25
034=n47.3430w
23.24
005=n83.3I25e
79.76
020=n83.3125e
35.82
035=n02.5225c
22.32
006=n80.4125c
198.38
021=n83.3125e
43.94
036=@l
tce
007 n86.5735w
270.41
022=n80.4125e
50.4
037=/502.5225w
45.99
008=n02.5225e
45.99
023 n09.1835w
15.00
038=n02.5225e
176.23
009=@1
024=s80.4125w
50.03
039=s87.0735e
5.0
010=/s02.5225w
45.99
025=s83.3125w
56.65
040=s02.5225w
56.44
011=n02.5225c
231
026=n47.3430w
23.24
041=s87.0735e
10.0
012=s87.0735c
132
027=n02.5225e
68.31
042=s02.5225w
119.83
013=s02.5225w
231
028=@1
Ice
043 n86.5735w
15
014=n87.0735w
132
029=/s02.5225w45.99
015=@l
r/w
030=s86.5735e
119.04
OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the
Buyer, offers to buy, subject to the terms and conditions set forth herein, the following
described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Seller agrees to enter into a Temporary Construction and Grading Easement with the City of
Fayetteville, the description of said Easement as shown in Exhibit "B" attached hereto. The
Temporary Construction and Grading Easement will terminate upon completion and
acceptance by the City of Fayetteville the project that extends Rupple Road north from Mt.
Comfort Road.
3. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property
referred to in Item #1 and the easement referred to in Item #2, at closing, the total and cash
payment of $26,134.00.
4. Contingent Earnest Money Deposit: The Buyer will, within two (2) weeks of receipt of this
contract, fully executed, tender a check for $1,000.00 to Tony Hardin and Bobbye Hardin,
hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase
price. This offer of purchase is contingent upon approval of the City Council of the City of
Fayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will be
returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to
fulfill any obligations under this contract, the earnest money shall be promptly refunded to the
Buyer. If the Buyer fails to fulfill his obligations under this contract or after all conditions have
been met, the Buyer fails to close this transaction, the earnest money may, at the option of the
Seller, become liquidated damages to the Seller. Alternatively, the Seller may assert legal or
equitable rights which it may have because of breach of this contract.
5. Conveyances will be made to the Buyer by general Warranty Deed and Temporary
Construction and Grading Easement, except they shall be subject to recorded instruments and
easements, if any, which do not materially affect the value of the property. Such Warranty
Deed conveyance shall include mineral rights owned by the Seller.
6. The Seller shall furnish a policy of title insurance on Item #1 in the amount of $ 25.641.00
from a title insurance company as selected by the Buyer. Buyer and Seller shall share equally
in the cost of title insurance.
7. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property.
Seller agrees to cure any title problems which may result from any differences between the
recorded legal descriptions of the property and the survey description. Said title problems,
if any, must be solved prior to closing to the satisfaction of the Buyer.
8. Taxes and special assessments due on or before closing shall be paid by the Seller.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall
be prorated as of closing. Buyer shall pay or credit Seller, at closing, that prorated portion
of taxes and assessments due for the tax year of purchase. Tax proration and method of
payment or extension of credit are noted in Exhibit "C" attached herewith.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 7
9. Seller shall, prior to closing, obtain a release from any mortgagor of the property described
in Item #1 above and provide Buyer with information from said mortgagor as to the required
distribution of proceeds from the sale hereof.
10. The closing date is designated to be thirty (30) days after approval of this offer by the City
Council of Fayetteville, Arkansas. If such date of closing falls on a weekend or holiday, it will
be held the following working day. Seller and Buyer shall share equally in the closing fees if
an independent closing agent is retained for this purpose.
11. Possession of the property shall be delivered to the Buyer on the date of closing.
12. Seller hereby grants permission for the Buyer or its employees or designates to enter the
above described property and improvements for the purpose of inspection and/or surveying.
13. All fixtures, improvements and attached equipment associated with the property described in
Item #1 are included in the purchase price.
14. Risk of loss or damage to the property by fire or other casualty occurring up to the time of
closing is assumed by the Seller.
15. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual
knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Buyer
and Seller shall share equally the costs of any and all testing for the existence of
environmental hazards. Should the existence of environmental hazards be known or
determined, Seller shall cure such, at Seller's expense, or in the alternative, at Buyer's
discretion, Buyer may cure such environmental hazard, and Seller shall indemnify Buyer for
all costs associated with said cure.
16. This agreement shall be governed by the laws of the State of Arkansas.
17. This agreement, when executed by both the Buyer and the Seller shall contain the entire
understanding and agreement of the parties with respect to the matters referred to herein and
shall supersede all price or contemporaneous agreements, representations and understanding
with respect to such matters, and no oral representations or statements shall be considered
a part hereof.
18. This contract expires, if not accepted on or before the 20th day of February, 1999.
19. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO
APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND
VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER
OF THE $1,000.00 EARNEST MONEY DEPOSIT.
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 7
SELLER:
Tony Hardin
Date:
Bobbye Hardin
AGENT OR WITNESS:
Date:
BUYER:
City of Fayetteville, Arkansas,
a municipal corporation
Fred Hanna, Mayor
Date:
Date:
A.
I0�: (SEAL)
•f t
OFFER AND ACCEPTANCE CONTRACT
Page4of7
EXHIBIT "A"
PROPERTY DESCRIPTION
Part of the Fractional Northeast Quarter (Frac. NE'/.) and a part of the Southeast Quarter (SE'/.) of Section
One (1), Township Sixteen (16) North, Range Thirty-one (31) West, also a part of the Southwest Quarter
(SW'/.) 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''/) of said Section One (1), and running thence North 02° 52 25" East 129.99 feet; thence North 85°
21' 49" West 50.00 feet; thence South 02° 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 80° 41' 25" East
50.40 feet; thence leaving said North right of way line, North 09° 18' 35" West 15.00 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 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.
SIGNED FOR IDENTIFICATION:
SELLER:
Tony Hardin
BUYER:
The City of Fayetteville, Arkansas,
a municipal corporation
BY:
Fre Hanna, Mayor
ATTEST:
der Woodruff, City Clerk
Bobbye Hardin
OFFER AND ACCEPTANCE CONTRACT
Page 5 of 7
EXHIBIT "B"
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION
Part of the Fractional Northeast Quarter (Frac. NE'/.) and a part of the Southeast Quarter (SE'/.) of Section
One (1), Township Sixteen (16) North, Range Thirty-one (31) West, also a part of the Southwest Quarter
(SW'/.) of Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, being more particularly
described as follows: Commencing at the Southeast corner of the said Fractional Northeast Quarter (Frac.
NE'/.) of said Section One (1), thence running 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° 3125" 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.
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,
Atemporary 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 corner of the Fractional Northwest
Quarter (Frac. NW'/.) of Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, thence
North 02° 52' 25" East 176.23 feet, thence South 87° 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° 5735" 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.
SIGNED FOR IDENTIFICATION:
SELLER:
Tony Hardin
BUYER:
The City of Fayetteville, Arkansas,
a municipal corporation
BY:
1yi
Fred anna, Mayor
Bobbye Hardin
ATTEST:
OFFER AND ACCEPTANCE CONTRACT
Page 6 of 7
EXHIBIT "C"
TAX PRORATION
CITY OF FAYETTEVILLE ACQUISITION
FROM
TONY HARDIN AND BOBBYE HARDIN
WASHINGTON COUNTY PARCEL No. 001-11380-11 (Outside City Limits)
Assessor Office indicates total land area is 0.27 acre
City Acquisition: 0.27 acre
1997 & 1998 Appraised Value: $50.00
1997 & 1998 Assessed Value: $10.00
1998 Ad Valorem Taxes @ $0.050/$AsV=
1999 Tax Year Proration:
As of 3-31-99
Hardin: 3/12 x $0.50= $ 0.12
City: 9/12 x $0.50= 0.38
Total $ 0.50 Payment due in Y2000
WASHINGTON COUNTY PARCEL No. 765-13649-010 (Inside City Limits)
$ 0.50 Payment due in 1999
Assessor Office indicates total land area equals 0.18 acres (7.850 ft2±)
City acquisition for ROW equals 2,056 ft2(0.047acre) or 26_2%
1995,96,97 &
98
Appraised
Value:
$900.00
1995,96,97 &
98
Assessed
Value:
$180.00
1998 Ad Valorem Taxes @ $0.0513/$AsV=
9.23 Due in 1999
NOTE: 1997 TAXES HAVE
NOT BEEN PAID (were
due 10/98)
Delinquent 1997 tax
bill plus penalty as of 3-31-99=
15.08 (If paid in March,1 999)
1999 Tax Year Proration:
As of 3-31-99
Hardin: 3/12 x $9.23 x 100% =
Hardin: 9/12 x $9.23 x 0.738=
City: 9/12 x $9.23 x 0.262=
Total 1999 tax
Responsibility Summary:
Tax Year Parcel
1997 765-13649-010
1998 001-11380-011
765-13649-010
1999 001-11380-011
765-13649-010
TOTAL
Hardin
$ 15.08
$ .50
$ 9.23
$ 0.12
7.42
$ 32.35
$ 2.31
$ 5.11
1.81
$ 9.23
To be paid in Y2000
City
$
0.00
Non
-paid in 1998
$
0.00
Due
in 1999
$
0.00
Due
in 1999
$
0.38
Due
in Y2000
$
1.81
Due
in Y2000
$ 2.19
OFFER AND ACCEPTANCE CONTRACT
Page 7 of 7
ALTERNATE "A'
City to take credit for Hardin tax responsibility for P 001-11380-011 for 1998 and 1st Qtr. of 1999.
Parcel No. 001-11380-011
1998 $ 0.50
1999 0.12
Total $ 0.62
After closing, or upon the due date, the City will pay taxes on this parcel for 1998 and 1999 tax years ($1.00).
After closing, or upon the due date, the city will be pay taxes for P 765-13649-010 for the years 1997 and 1998. At closing,
the city will take credit for Hardin tax responsibility for this parcel for 1997 and 1998 tax years. For the 1999 tax year, the city
will credit or pay ($1.81) Hardin for the last three quarters of 1999 taxes on the portion (26.2%) that is acquired from this
parcel. After the 1999 tax year, the area, and taxation, for the part acquired by the City should be removed from the
assessment for this parcel. Hardin will be responsible for any and all tax assessments for P 765-13469-010 for the tax year
1999 and beyond.
Summary of Tax Liabilities at closing; Alternate "A":
Cost to Seller
Parcel No. 001-11380-011 Paid
1998 $ 0.50 To City
1999 $ 0.12 To City
Credit to Buyer Cost to Buyer
(City) Paid
$ 0.50 $ 0.50 To County
$ 0.12 $ 0.50 To County
Parcel No. 765-13469-010
1997 Past Due
$ 15.08 To City
$ 15.08
$
15.08
To County
1998
$ 9.23 To City
$ 9.23
$
9.23
To County
1999
9.23 To County
-1.81
S
1.81
To Seller
Total
$ 34.16
$ 23.12
$
27.12
ALTERNATE"B"
At closing, Seller (Hardin) shall present Buyer (City) checks or receipts of payment for each of the following :
Checks payable to or receipts from: Washington County Tax Collector, for
Parcel No. 001-11380-011 Amount
1998 Taxes $ 0.50
Parcel No. 765-13469-010
1997 Taxes Past Due $ 15.08
1998 Taxes 9.23
Total $ 24.31
At closing, Buyer will credit Seller for prorated 1999 taxes as determined on the previous page, namely;
Parcel No. 001-11380-011 Amount
1999 Prorated Taxes $ 0.38
Parcel No. 765-13469-010
1999 Prorated Taxes $ 1.81
Prorated 1999 Tax Credit to Seller $ 2.19
Seller is responsible for payment of all 1999 taxes. The portion of land conveyed to the Buyer should be removed from
P 765-13649-010 assessment beginning in the Y2000 and Seller shall continue to be responsible for the payment of taxes
on that parcel for the Y2000 and beyond.
APPRAISAL REPORT
FOR
CITY OF FAYET]'EVILLE
Limited Summary Appraisal Report
PROJECT Rupple Rd. Area Improvements (Project No. 98032)
COUNTY Washington
PARCEL # 765-13649-010, 001-11 380-01 1,765-13592-000
LOCATION 3670 Mt. Comfort Road, Fayetteville, AR 72704
FEE OWNER Tony & Bobbye Hardin
ADDRESS 3670 Mi. Comfort Road, Fayetteville, AR 727O4
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 1.15 Acres AREA OF RESIDUAL 0.833 Acres
AREA OF PERMANENT ACQUISITION 13,807 SF or 0.317 Acre
(Descriptions attached)
Temporary Construction Easement 5,483 SF (11 0.126 Acre
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $ 30,000
Improvements $J & XQ
Total $ 148,000
--" - After
Land
5 18,459
Improvements
S IQLn
Total
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION $ 25,641
As of 4th day of January 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 13,807 SF @ $ 0.60/SF
= 5 8,284
T.C.E.* 5,483 SF @ $ 0.60/SF x 0.15 x I
= $ 493
Trees"
= $ 0
Improvements: None
= 5
Total R -O -W, T.C.E. Trees, & Improvements
$ 8,777
Damages or Benefits: $ 94,000 x 0.15
= $ 14,100
$21,716x0.15
=5 157
Total Compensation $26,134
ATTACHMENTS: 7 /' 2
________ Certificate of Appraiser /fw/
Photographs Appr rscr, Mark Ii. Risk GAAn_. �r202
Site & Descriptions
Improvement Data, H&B Use ('>
Legal qr .....,
________ Market Data Approach ° Sr..
r ��
Survey a „
_______ Tax Assessment Card
* Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value multiplied by the.
Current Yield on comparable investments for a I year period plus a premium for inconvcuiehce.
...
The trees to be removed arc included in the R -O -W fee simple value. A portion of the damagei to ".
the remaining property is attributable to the loss of trees.
I hereby certify:
That I have personally inspected the property herein appraised, that I have made a personal field
inspection of the comparable sales relied upon in making said appraisal. The subject and the
comparable sales relied upon in making said appraisal were as represented by the photographs
and data contained in said appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set
forth are true, and the information upon which the opinions expressed therein are based is
correct. That the reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, unbiased professional analyses,
opinions, and conclusions.
That I understand that such appraisal may be used in connection with the permanent acquisition
of right of way for the extension of Rupple Road. The project is to be performed by the City of
Fayetteville.
This project has been initiated by the City of Fayetteville.
That such appraisal has been made in conformity with the appropriate City laws, regulations, and
policies and procedures applicable to appraisal of right of ways and easements for such purposes;
that in appraising the value before acquisition, no consideration has been given to increases or
decreases in Fair Market Value caused by the public improvement; and that to the best of my
knowledge no portion of the value assigned to such property consists of items which are
noncompensable under the established law of said City.
That neither my employment nor my compensation for making this appraisal and report are in
any way contingent upon the values reported herein.
That I have no direct or indirect, present or contemplated future personal interest in such
property, and no personal interest or bias with respect to the parties involved, or in any benefit
from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the
proper officials of the City of Fayetteville, and I will not do so until so authorized by said City
officials, or until I am required to do so by due process of law, or until I am released from this
obligation by having publicly testified as to such findings.
That my analyses, opinions, and conclusions were developed and this report has been prepared in
conformity with the Uniform Standards of Professional Appraisal Practice and no one provided
significant professional assistance to the persons signing this report.
That in my opinion the just compensation for the acquisition as of the J61_tl day of January 1999,
is $ 26.134 based upon my independent appraisal and the exercise of my professio judgment.
Date $(gnature
JOB Rupple Road Extension
PARCEL 765-13649-010 001-11380-011 765-13592765-13649-0l0 001-11380-011 765-13592-000
DATE: January 4, 1999
NAME: Tony and Bobbye Hardin
COMIIIENTS: The appraiser visually inspected the acquisition area on the above
date. Mr. Hardin was contacted by the appraiser and accompanied
the appraiser on the inspection.
GENERAL
REMARKS: Mr. Hardin is concerned about the new extension of Rupple Road
being so close to his home that it will disturb his privacy. The
taking of the trees in front of the property will take away his sound
abatement. He thinks the trees on the west side of the property
that are going to be spared, will be damaged due to the changes in
the drainage and the disrupting of the soil.
3 YEAR SALE
HISTORY: The majority of the subject property has been owned by Tony and
Bobbye Hardin for many years. However, the Hardin's had
recently purchased a good portion of die property which is being
acquired by the City of Fayetteville. Approximately 0.45 acre of
the subject property was purchased on January 7, 1998 from
George and Ann Owen for a reported $10,000. There have been
no other transactions to the appraiser's knowledge affecting the
subject property within [lie past three years.
CHANGES IN
PROPERTY SINCE
DA'Z'E OF PURCHASE: The Hardin's built their home approximately 10 years ago, and the
shop building was added approximately 5 years ago. The land
recently purchased by the Hardin's has been partially fenced since
purchase.
METHOD OF
APPRAISAL: The appraiser has utilized the Market Data or Sales Comparison
Approach to value the subject land before and after the taking.
Due to the appraiser's opinion that the subject improvements are
negatively affected by the partial taking, the value of these
improvements has also been considered utilizing the Sales
Comparison Approach.
A5/ili7 fi t'LflIJiSJJ 41 IL3ti
The Appraisal Foundation defines market value 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
tide from seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised, and each acting
in what he considers his own best interest.
3. A reasonable time is allowed for exposure in the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of
financial arrangements comparable thereto.
5. 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.
This appraisal is made for the purpose of estimating the Fair Market Value of the subject
property acquired by the City of Fayetteville under its right of eminent domain in connection
with the extension of Rupple Road. Said acquisition is for the purpose of extending Rupple Road
to public school property north of the subject. The appraisal will include all damages and/or
benefits, if any, to the extent that benefits are allowed under state law, to the remaining property
as just compensation for the property taken.
PROPERTY RIGHTS APPRAISED
The property is appraised as though owned in fee simple and unencumbered. A fee simple title
is the fullest type of private ownership possible, subject to all public limitations including zoning,
taxation, and eminent domain; and also subject to private limitations which may exist, such as
easements and restrictions of record.
This property is appraised in fee simple subject to the following limiting conditions:
1, It is assumed by the appraiser that the maps, construction plans, and/or tract
descriptions furnished to him are correct.
2. It is assumed by the appraiser that the attached deed furnished to him is correct
and reflects the fee owner and all holders of less than fee interests in the property.
3. It is the opinion of the appraiser. that information gathered by him from various
sources, including dates, estimates and opinions, which are contained in this
report were obtained from sources considered reliable; however, no liability for
them can be assumed or guaranteed by this appraiser.
4. No responsibility for matters legal in character is assumed by your appraiser. All
existing liens and encumbrances have been disregarded, and the property is
appraised as though free and clear.
5. The various sketches and exhibits included in this appraisal are placed herein to
assist the reader in visualizing the property under appraisal. Your appraiser made
no surveys and accepts no responsibility for them.
The scope of the appraisal encompasses the necessary research and analysis to prepare a report in
accordance with its intended use, the Standards of Professional Practice of the Appraisal
Institute, and the Uniform Standards of Professional Appraisal Practice of the Appraisal
Foundation.
This appraisal is based upon the information gathered by the appraiser from the public records,
other identified sources, and an inspection of the subject property and neighborhood. Data
believed to be unreliable was not included in this report nor used as a basis for the value
conclusion.
The subject property was physically inspected by the appraiser on January 4, 1999. The subject
photographs were taken on that date.
Area, city, and neighborhood data were based on information in the Real Estate Consultants
library and files. The neighborhood section was based upon a physical inspection of the area as
well as data from the City of Fayetteville.
The subject property data was based upon the physical inspection of the property and information
obtained from municipal authorities.
In evaluating the highest and best use for the subject property, an analysis was made of data
compiled in the steps noted above. In addition, a study of the residential market in the subject
area has been made to help determine the feasibility of future uses.
In developing the appraisal approaches to value, market data used were collected from the Real
Estate Consultants' office files; other appraisers, Realtors, courthouse records, or persons
knowledgeable of the subject property marketplace; and the municipal offices in the Northwest
Arkansas area,
After assembling and analyzing the data defined in this scope of the appraisal, a final estimate of
market value was made.
TIE APPRAISAL PR
A professional appraisal begins with a thorough inspection of the property being appraised. This
includes a physical inspection of the site and all improvements which have contributory value. It
also includes an inspection of the neighborhood and of site improvements, which may positively
or negatively affect the value of the subject property. And finally, it includes a review of the
general area of the subject in order to ascertain any favorable or unfavorable environmental or
economic conditions which may exist, such as proximity to markets, poultry and swine,
industries, schools, etc..
After a thorough analysis of the subject property, its neighborhood, and its general area, the
appraiser then attempts to ascertain a fair market value. Three time -tested appraisal approaches
or techniques are utilized in the profession in order to develop a value indication. These three
approaches are the Market Data Approach, the Cost Approach, and the Income Approach. Each
approach is briefly described as follows:
The Market Data Approach - A comparison is made between the subject property
and similar properties which have sold recently in the market place.
The Cost Approach - A replacement cost new of the improvements is determined and
the applicable amount of depreciation is deducted in order to obtain a value estimate.
The Income Approach - Bases a value estimate upon the amount of net income the
property can reasonably produce over its expected lifetime.
Each approach utilizes the various principles of value which exist in the marketplace. These
value principles include supply and demand, balance, contribution, conformity, external items,
opportunity costs, and upmost - substitution. The principal of substitution states simply that a
knowledgeable, prudent purchaser has three alternatives. That is, 1) to buy a vacant site and
construct a duplicate or similar property without delay (Cost Approach), 2) to purchase another
existing property with equal or similar desirability and utility (Market Data Approach), or 3) to
invest in or acquire a comparably yielding income stream of similar quality, quantity and
longevity (Income Approach).
All three approaches may not be used in all appraisal assignments depending upon the
applicability of the approach to the property being appraised and the scope of the appraisal
assignment.
After the appraiser applies the applicable approaches to the subject property, he must reconcile
the differences in value so indicated. Based upon the appraiser's experience and judgment, this
may involve selecting one of the three approaches which is deemed more reliable or it may
involve employing a weighted average of the three approaches in his final correlation or
conclusion of value.
With regards to the subject appraisal, only the Market Data or Sales Comparison Approach is
deemed applicable.'
i*in;iasji
1:..491 1• , .►U :►:.
For appraisal purposes, a neighborhood is considered to be a portion of a large community in
which there is a homogeneous grouping of inhabitants, buildings, or business enterprises.
Inhabitants of a neighborhood usually have a more casual community of interest and a similarity
of economic level and cultural background. Neighborhood boundaries may consist of well-
defined natural or man-made barriers, or they may be more or less well-defined by a distinct
change in land use, or in the character of the inhabitants.
The subject property is located along Mt. Comfort Road in the extreme Western portion of the
city of Fayetteville. Neighborhood boundaries could be County Road #94 to the north, Hwy. 16
to die south, Hwy. 540 to the east, and County Road #706 to the west.
The neighborhood is characterized mainly by suburban single family homesites on some newer,
small urban lots in recently developed subdivisions. There are a few commercial uses in the
neighborhood, primarily along the more frequented roadways such as Wellington Road and
Hwy. 540. There are also some small multi -family structures in the neighborhood. The single
family uses are generally modest to larger residences built within the past 20 years. This area of
Fayetteville is a newer area of town, and is undergoing growth at this time. Many large tracts of
land remain undeveloped and are used for agricultural purposes at this time. It is in the
Fayetteville School System. Holcomb Elementary School is within walking distance.
The neighborhood is provided police and fire protection from the City of Fayetteville. Municipal
water and sewer is available to most of the neighborhood, and is supplied by the City of
Fayetteville. Electrical service is available to all of the neighborhood, and is supplied by Ozark
Electric. Natural gas is also available to most the neighborhood, and is supplied by Arkansas
Western Gas Company.
Access to and from the immediate area of the subject is provided by Nit. Comfort Road, Salem
Road, and Rupple Road.
DESCRIPTION OF THE SUBJECT PROPERTY BEFORE THE TAKING
Site
The subject site is a rectangular shaped parcel containing approximately 1.15 acres. The site has
direct access to Mt. Comfort Road with a large amount of frontage along this roadway. The
roadway is a two-lane city improved route with asphalt surface. The tract is a rolling, cleared
area with scattered trees. The site is above road grade, then slopes downward toward the street
and away from the subject improvements. Drainage appeared to be adequate upon inspection.
The site is presently encumbered with regular utility casements. The subject site is within the
City Limits of Fayetteville, and is zoned A-1.
Improvements
The subject is improved with one single family residence that has approximately 2,243 Sq. Ft.,
and is a single story home with 3 bedrooms and 2 baths. In addition, it includes a 40 x 60 metal
shop building. The back yard is fenced with chain -link, and the entire property is landscaped
with trees, shrubs and flower beds. The age of the subject is approximately 10 years. The
property is well maintained and in above average condition.
The partial taking includes a 13,807 Sq. Ft. (0.317 acre) permanent acquisition along the west
and south sides of the subject. There are also two parcels containing (0.078 acre) and (0.048
acre) that will be taken for temporary construction easement. The area is north of Mt Comfort
Road. This area is currently improved with the subject front and side yards. There are several
large trees in the acquisition area (See Below). The acquisition area will be used as a route for
the extension of Rupple Road. This is a permanent acquisition, which is considered to be a
compensable acquisition by the City of Fayetteville.
The following trees are in the acquisition area:
(2) 36" Oaks
(2) 18" Oaks
(1) 24" Oak
(2) 42" Oaks
LEGAL DESCRIPTIONS•
See following pages for property, permanent easement, and temporary easement descriptions
provided by the client.
TONY & BOBBYE HARDIN
Parcel No. 001-11380-011
Parcel No. 765-13649-010
Property Description:
Part of the Fractional Northeast Quarter (Frac. NE%4) and a part of the Southeast Quarter
(SE'/4) of Section One (1) in Township Sixteen (16) North, Range Thirty-one (31) West,
also a part of the Southwest Quarter (SW%) of Section Six (6) in Township Sixteen (16)
North, Range Thirty (30) West, being more particularly described as follows, to -wit:
Beginning at the Southeast Corner of the said Fractional Northeast Quarter (Frac. NE%4)
of said Section One (1), and running thence North 01° 27' 24" West 129.99 feet; thence
North 89° 41 38" West 50.00 feet; thence South 010 27' 24" East 238.96 feet to the North
right of way of Mount Comfort Road; thence running along said right of way North 81° 36'
36" East 48.25 feet; thence North 79° 11' 36" East 79.76 feet along the same said right of
way; thence North 76° 21' 36" East 198.38 feet along the same said right of way; thence
leaving said right of way South 88° 42' 36" West 270.41 feet; thence North 01° 27' 24"
West 46.00 feet to the point of beginning, containing 0.45 acre, more or less.
Right of Way 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 (31) West, also
a part of the Southwest Quarter (SW%) 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 02° 52' 25" East 129.99 feet; thence North 85° 21' 49" West
50.00 feet; thence South 02° 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 80° 41' 25" East 50.40 feet, thence leaving said North right of way
line, North 09° 18' 35" West 15.00 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 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 (31) 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 corner of the said Fractional Northeast Quarter (Frac. NE'/4) of said Section One
(1), thence running 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.
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.
Parcel No. 765-13592-000
Property Description:
Part of the Fractional Northwest Quarter (Frac. NW'A) of Section Six (6), Township Sixteen
(16) North, Range Thirty (30) West, being more particularly described as follows, to -wit:
Beginning at the Southwest corner of said Fractional NW%, thence North 14 rods, thence
East 8 rods, thence South 14 rods, thence West 8 rods to the point of beginning, and
containing 0.70 acres, more or less.
Temporary Construction and Grading Easement Description:
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 corner of the Fractional Northwest Quarter (Frac. NW'/,) of
Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, thence North 02°
52' 25" East 176.23 feet, thence South 87° 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
By "Highest and Best Use" is meant the most likely and profitable use to which a property can
be put. It is sometimes called the most profitable or optimum use. It is that use which, at the
time of the appraisal, would most likely produce the greatest net return in money or amenities.
The appraiser has analyzed the highest and best use of the subject property before and after the
taking as follows:
Before the takinc The subject property is currently improved with a one story single
family residence having 3 bedrooms and 2 baths. It has a metal
shop building, 40 X 60, and a shed on the northwest corner of
the home. The site is located inside the Fayetteville city limits and
has A-1 zoning. The immediate neighborhood of the subject
consists mainly of open grazing land with a few single family
homes and some older structures. It is the opinion of the appraiser
that the subject's highest and best use "as unproved" is its present
use as a single family dwelling.
After the taking: After the taking by the city, the subject will be left with a smaller
lot. The subject buildings will not be removed, but a large portion
of the front and side yards will be taken. Therefore, the highest
and best use of the subject after the taking will also he its present
use as a single family dwelling.
Where there is a partial taking of property, such as the case of the subject property, any loss in
value of the remaining property caused by the partial taking is known as severance damage. The
Appraisal Institute defines severance damages as follows:
"It is the diminution of the market value of the remainder area, in the case
of a partial taking, which arises (a) by reason of the taking (severance),
and/or (b) the construction of the improvement in the manner proposed.'
Severance damages are compensable to the property owner if a decline in value is attributable to
the partial taking. In the case of the subject property, the partial taking is permanent, will be
used for a roadway expansion, and will run perpendicular to the existing Mt. Comfort Road.
The partial taking will leave the subject with approximately 0.833 acres north of Mt. Comfort
Road and at the corner of the Rupple Road extension, which is ample enough for the present
utilization of the property.
However, creating a corner lot out of the subject with the likelihood of increased traffic will
reduce the existing privacy of the subject and will negatively impact its value. Therefore, it is
the appraiser's opinion that the remaining subject property will suffer severance damage due to
this characteristic.
The appraiser has conducted an extensive search for comparable data with similar characteristics.
Several sales were uncovered with similar corner type locations. These sales were analyzed and
compared to other homes in their vicinity to ascertain if there was any loss in value due to the
corner location. It appears from the market data analyzed that single family properties located on
corners of major arterial streets will sell for 10-20% less than homes which are located in the
interior of a subdivision or away from the major roads. The subject presently fronts on a major
arterial road, but does sit above and at a distance from the road bed, and is protected by a row of
trees and vegetation. The proposed extension of Rupple Road will remove a number of trees and
the visual/noise barrier as well as create a corner lot. Consequently, severance damage will
occur for those stated reasons. The appraiser is basing this opinion, and the amount of severance
damage, upon the comparable sales analyzed, his knowledge of the market, and his personal
judgement. Severance damage will be based upon a 15% loss in value to the remaining land and
dwelling. The shop building is not considered to be damaged by the taking.
pl,ig!•I•J YC• ► • t*i PIM►iwa iaznupc' H Ifl NI
In some eminent domain cases which result in partial takings, the remaining property may
actually increase in value as a result of some improvement made by the condemning authority.
In these cases the remaining property is considered to receive an Enhanced Value or Special
Benefit. Thus, if the condemning authority takes a portion of a property for an improvement and
this improvement actually increases die value of the remaining land, the amount of just
compensation will be reduced by the value of the special benefit.
It is the appraiser's opinion that the future value of the remaining subject property
enhanced by the taking.
Analysis of the Market Data and Conclusion of Value
The Market Data Approach is an attempt to measure the reaction of typical buyers and sellers in
the market. In this approach, a direct comparison is made between the property being appraised
and comparable properties which have sold recently. The value of the property being appraised
is inferred from the selling prices of comparable properties. To be "comparable," a property
need not be identical to the subject. The word "comparable" is used in its ordinary sense,
meaning something which is capable of being compared with or worthy of comparison.
The appraiser has conducted an extensive search for recent land sales in the vicinity of the
subject property which would be considered comparable to the subject land, and recent home
sales in the area which would be considered comparable to the subject improvements. These
sales are included in this report.
After analysis of the land and improved sales, the comparable sales reflect a value range of $0.14
to $1.76/Sq. Ft. for the land, and $53.09 to S71.961Sq. Ft. for the improved sales. The
improved sales per unit value includes the land and all ancillary improvements. Consequently,
the $/Sq. Ft. stated below will be lower than this value range because it does not include the
land, etc.. Therefore, it is the appraiser's opinion that the subject's land value would fall within
the mid section of this value spectrum due do its size, land characteristics, location, and other
characteristics, and the subject's dwelling value would fall below the low end of the above stated
value range.
Based upon the above sales and analysis thereof, and after adjustments are made for differences
in size, location, terrain, availability of utilities, access, zoning and other economic factors, it is
the opinion of this appraiser that the Fair Market Value of the subject property as of the date of
this appraisal is as follows:
Fee
Simple
Land Value
50,094
Sq.
Ft.
@
$ 0.60/Sq.
Ft.
= $ 30,056
Say $
30,000
Fee
Simple
Dwelling Value
2,243
Sq.
Ft.
@
$42.00/Sq.
F.
= $ 94,206
Say $
94,000
Fee
Simple
Shop Value
2,400
Sq.
Ft.
@
$I0.00/Sq.
Pt.
= $ 24,000
Say $
24,000
Value Before the Taking
Value After the Taking:
Land:
Dwelling
Shop
Total:
Land: ($21,716 x 0.85) $ 18,459*
Dwelling: ($94,000 x 0.85) $ 79,900*
Shop $ 24000
Total:
Value of the Partial Taking:
(Permanent R -O -W Land and Severance Damage)
* Reflects severance damage to the remainder.
$ 148,000
22 359
$ 25,641
a
Grantor:
George & Ann Owen
Grantee:
Tony & Bobbye Hardin
Location:
Mt. Comfort Rd.
Legal
Description:
Pt. of the Fri. NE ''A and P. of the SE '/4
of Sec. 1, T16N,
R31W and also a Pt. of the SW '/4 of Sec.
6, T16N, R30W.
Date of Sale:
1/7/98
Reported
Consideration:
$10,000
Site
Characteristics:
Level, mostly cleared land with several large
oak trees
Size:
0.45 acre
Improvements:
None
Zoning:
A-1
Remarks:
This was the recent purchase of a portion
of the subject property
by the Hardin's.
Indicated Price:
$0.51/Sq. Ft.
LAND SALE #2
Grantor:
Bradford White
Grantee:
Darlene Taylor
Location:
4270 Mt. Comfort Rd.
Legal
Description:
Pt. of the Fri. NE ''A of Sec. I, T16N, 31W
Date of Sale:
12/16/92
Reported
Consideration:
$10,000
Site
Characteristics:
Level, cleared building site
Size:
0.54 Acre
Improvements:
None
Zoning:
None
Remarks:
Located 0.25 mile west of subject on Mt. Comfort Rd.. Now
site of a duplex.
Indicated Price:
$0.43/Sq. Ft.
I
LAND SALE #3
Grantor:
Grantee:
Location:
Legal
Description:
Date of Sale:
Reported
Consideration:
Site
Characteristics:
Size:
Improvements:
Zoning:
Remarks:
Indicated Price:
Land Sale #4
Grantor:
Grantee:
Location:
Legal
Description:
Date of Sale:
Reported
Consideration:
Site
Characteristics:
Size:
Improvements:
Zoning:
Remarks:
Indicated Price:
David & Kimberly Teter
Harlan & Pam Henson
New Bridge Rd.
Lot #12 in Bridgeport Phase I
5/28/98
tlf
Level, cleared building lot
0.4872 Acre
None
Single Family Residential (R-1)
Recent lot sale in Bridgeport Subdivision
$1.18/Sq. Ft.
Crystal Springs Limited Partnership
Shaddox Construction, Inc.
3336 Barite
Lot # 62 in Crystal Springs, Phase I
10/20/98
$19,000
Level, cleared building lot
80' x 135' = 10.800 Sq. Ft. or 0.25 acre
None
Single Family Residential
Building lot in the Crystal Springs Subdivision
$1.76/Sq. Ft.
4
LAND
SALE #5
Larry & Sharon Uptegraft
Grantor:
Grantee:
Randy & Tris Middleton
Location:
Mt. Comfort Rd.
Legal
Description:
Pt. of the E 'h, W 'h, NE ¼, SW '/4 of Sec. 6, T16N, R30W
Date of Sale:
5/16/97
Reported
Consideration:
$49,000
Site
Characteristics:
Gently rolling acreage
Size:
8 Acres
Improvements:
None
Zoning:
Single Family Residential (R-1)
Remarks:
Small acreage tract located east of the subject
Indicated Price:
$6,125/acre or $0.14/Sq. Ft.
IMPROVED SALE #1
Grantor:
Grantee:
Location:
Legal
Description:
Date of Sale:
Reported
Consideration:
Site
Characteristics:
Size:
Improvements:
Zoning:
Remarks:
Indicated Price:
IMPROVED SALE #2
Grantor:
Grantee:
Location:
Legal
Description:
Date of Sale:
Reported
Consideration:
Site
Characteristics:
Size:
Improvements:
Zoning:
Remarks:
Indicated Price:
De Merle & Gail Eckert
Kerry Jim & Laura Higgins
14356 Harmon Rd.
Lot #3 of Rolling Hills Farm
9/23/98
$115,500
Gently rolling, mostly cleared
3.03 acres
1,724 Sq. Ft., 3 bedroom, 2 bath, 10 year old single family
dwelling, frame construction with vinyl siding, 2 -car carport.
24' x 32' metal shop building.
None
This home is smaller than the subject, but of similar quality and
appeal. It included a shop building. It is located west of the
subject and in the Farmington School District.
$67.00/Sq. Ft.
Beth & L.C. Keathley
Randall & Shelly Carney
4433 New Bridge
Lot #47 of Bridgeport Phase I
8/26/98
120,000
Level, cleared building site
85' x 140'
2,150 Sq. Ft., 4 bedroom, 2 bath, 3 year old single family
dwelling. Frame construction with stucco siding. 2 -car garage.
Single Family Residential (R-1)
Located 0.5 mile west of subject off Mt. Comfort Road. Newer
home is nice subdivision. Similar quality and appeal.
$55.81/Sq. Ft.
P 5
IMPROVED SALE
#3
Grantor:
Bank of Elkins
Grantee:
Ralph & Lynn Davis
Location:
3055 Quartz
Legal
Description:
Lot #85 Crystall Springs
Date of Sale:
7/6/98
Reported
Consideration:
110,000
Site
Characteristics: Level, cleared building lot
Size: 81' x 135'
Improvements: 2,072 Sq. Ft., 3 bedroom, 2 bath, 3 year old single family
dwelling. Farm construction. 2- car garage.
Zoning: Single Family Residential (R-1)
Remarks: Recent sale of a home in the Crystall Springs development
northeast of the subject. Inferior quality and appeal to the
subject.
Indicated Price: $53.09/Sq. Ft.
QSIMtflh I7/ .Y;i$IL l
Grantor:
Jerry & Sinnie Pugh
Grantee:
Scott & Teresa Fedosky
Location:
3291 Salem Rd.
Legal
Description:
Lot #1 & #2 of Kenwood Hills
Date of Sale:
3/2/98
Reported
-
Consideration:
$1 15,000
Site
Characteristics:
Gently sloping, cleared building lot
Size:
3 acres
Improvements:
1,598 Sq. Ft., 3 bedroom, 2 bath, 24 year old single family
dwelling. Frame construction with brick siding. 2 -car garage.
Zoning:
Single Family Residential (RI)
Remarks:
Older home with similar type location and quality. Inferior
condition and overall appeal.
Indicated Price:
$71.96/Sq. Ft.
5
SKETCH/AREA TABLE ADDENDUM
File No.
3670
I Bob
v of F
84'
17 24'
PrATIO 112'
UTILITY ROOM
BDRM �.1
LIVING DINING
NCL
ATH
25.T
KITCHEN
BDRM BDRM TRYF()ICE 4.T
MI N
48.4'
AREA CALCULATIONS SUMMARY
Area Name of /yea Size
Totals
GLAI First Floor
2243.26
2243.26
P/P COVERED PORCH
232.00
PATIO
288.00
ROCK PATI0
204.00
724.00
GAR Garage
572.28
572.28
TOTAL LIVABLE (rounded)
2243
22.8'
SCALE: I inch = 15.00 feet
LIVING AREA CALCULATIONS
Breakdown
Subtotals
84.00
x 34.20
2872.80
-22.80
x 24.80
-565.44
14.80
x 4.10
60.68
-11.40
x 0.30
-3.42
2243
2108a'Fd
Tony & Bobbye 1 -Cardin
Deed Ref. 98-04834
Deed Ref. 98 -?6085
Frac. N8 -I-16-31
NE -SE -I-16-31
NOI F: IFopa(y descri Alien h: ve beeu rotated to At kansas State Plane Gnndin;tes, North 7mtq system.
Hardin property
Scale: I inch = 80 feet (Pile: I-IARDN-RW.DES
Date: 12-3-1998
Tract l: 0.450 Acres: 19611 Sq feet:
18221) Sq Meters: Closure = n88 0038w 0.12 tee[ Precision =1/8614: 1'crintcter = 1062 feel
I inet 2: 0.700 Acres: 31492 Sq Feel:
2832.9 Sq Mctcrs: No siguiliean( closure error.
Perimeter = 726 feel
'1 met 3: 0.317 Acres: 133()7 Sq Feet:
1292.7 Sq Meters: No significant closure error.:
Perimcler = RI I feel
Tract 4: 0.079 Acres: 3404 Sq Feel:
316.2 Sq Meters: No significant closure error. :
Perimeter = 299 feet
Iluct 5: (I O49 Acres: 2079 Sq Feel:
193.2 Sq Meters: Ni sign i licant elnsu Fe ctror.:
1'eneler = 383 feet
0()1=n025225c 129.99
016=nO2.5225c 129.99
(131=s09. I RWe 17.40
002=n85.2149w 50.0
017=nR5.2I49w 50
032=sR0.4 125w 50.03
003=s02.5225w 239.96
01 R=s02.5225w 239.96
033=sS3.3125w 56.65
004=nR5.5549e 48.25
019=n55.5549c 49.25
034=n47 3430%v 23.24
005=r,83.3125c 79.76
020=u83.3I25e 35.92
035=u(12.5225c 22.32
(106=n80.4I25e 198.38
021=n83.3I25c 43.94
(136=@'I tee
007=n86.5735w 270.41
022=n80.4 I25e 503
037=/s02.5225w 45.99
009=nO2.5225c 45.99
023=u09. 1835w 15.00
038=nO2.5225c 176.23
0(19=@l
()2@s80.4 125w 50.03
()39=sR7.(1735c 5.0
0I0=/s02.5225w 45.99
025=s83.3I 25wv 56.65
040=nO2.5225w 5634
011=nO2.5225c 231
026=n47.3430w 23.24
1141=s87 0735c 1(1.0
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