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Home My WebLink AboutOrdinance 4171 FILED FOR RECORD ' 99 JUN 24 Pfd 1 31 WASHINGTON CO AR K• HARNESS ORDINANCE NO 4171 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT AND TEMPORARY EASEMENTS OVER, UNDER AND ACROSS LAND LOCATED ON HIGHWAY 16 WEST OWNED BY OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE HIGHWAY 16 WEST WATER AND SEWER RELOCATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVH,LE, 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 permanent and temporary easements, as described below, over, under and across land located on Highway 16 West owned by Ozarks Electric Cooperative Corporation for the Highway 16 West water and sewer relocations: See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 15'n day of .Tune , 1999. APPROVED: 3 tiy . •� � � lr+ . {a l" By: r +, 1. V. if Fred Hanna, Mayor BYIyG % Heather Woodruff, City erk 99057325 ord 4171 EXHIBIT "A" Property Owners: Ozarks Electric Cooperative Corporation PERMANENT EASEMENT DESCRIPTION: A permanent easement of variable width across the above described property, being parallel with and contiguous to the south right of way of State Highway 16 and situated on the south side thereof, being a part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SEI/4) of Section 12, Township 16 North, Range 31 West, and part of the Northwest Quarter (NW'/4) of the Fractional Southwest Quarter (Frac. SW'/4) and part of the Southwest Quarter (SW'/4) of the Fractional Northwest Quarter (Frac. NW'/4), of Section 7, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest comer of the NW'/4 of the Frac. SW'/4 of Section 7; thence North 020 14' 17" East 2.929 meters; thence North 87° 20' 37" West 46.598 meters, to a point on the south right of way line of State Highway 16, said point also being the Point of Beginning; thence with said south right of way line, South 87° 20' 37" East 46.598 meters; thence South 02° 14' 17" West 2.929 meters; thence South 87° 31 ' 11 " East 105.760 meters; thence North 020 41 ' 48" East 2.796 meters; thence South 87° 27' 44" East 130.764 meters; thence leaving said south right of way line, South 02° 41 ' 48" West 7.620 meters; thence North 87° 26' 14" West 283 . 119 meters; thence North 02° 29' 00" East 7.620 meters, to the Point of Beginning and containing 1842.2 square meters, more or less. The bearings for this description are based on Arkansas Highway and Transportation Department survey bearings (metric) for AHTD Job No. 040277, and may vary from the bearing systems previously used in describing this property. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 4.572 meter (15 foot) wide temporary construction and grading easement across the above described property, being parallel with and contiguous to the south line of the above described permanent easement and situated on the south side thereof, being a part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4) of Section 12, Township 16 North, Range 31 West, and part of the Northwest Quarter (NW'/4) of the Fractional Southwest Quarter (Frac. SW'/4) and part of the Southwest Quarter (SW'/4) of the Fractional Northwest Quarter (Frac. NW'/4), of Section 7, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the NW'/4 of the Frac. SW'/4 of Section 7; thence North 02° 14' 17" East 2.929 meters; thence North 870 20' 37" West 46.598 meters; thence South 02° 29' 00" West 7.620 meters, to the Point of Beginning; thence South 87° 26' 14" East 283 . 119 meters; thence South 02° 41 ' 48" West 4.572 meters; thence North 870 26' 14" West 283 . 105 meters; thence North 02° 29' 00" East 4.572 meters, to the Point of Beginning and containing 1294.4 square meters, more or less. 9905'7326 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Land Agent From: Heather Woodruff, City Clerk Date: June 22, 1999 Attached is a copy of the ordinance authorizing the condemnation of property owned by Ozark Electric Cooperative located on Hwy 16 West. The original will be file marked at the County, then microfilmed and filed with the City Clerk. cc. Clyde Randall, Engineering John Goddard, Data Processing 9905732'7 I, Kathleen Ham<sa. (,hcwt t talk and Ex-officio Recorddr Yer S�)d§;11k{(tar(-C&U�tY. A7krarsa"s, do 6areby certify that this instrument Was filed for record in my office as iggicatad hereon and the game Is now duty recorded With the agknpvyledgvmpnt and certificate thofepn IA Finck asci Page aq 1 ducted thereon. IN WITNESS r'Hl:ReflF, I, kava hereunto set my hand end affbiog (hq @Pnl 41 gig EQifj De the date indi- cated hown. Kathleen H7 se Circuit t!A .,Pico c o tdgcq 1 byi STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of June 15, 1999 MICROFILMED FROM: APO Eneineerin,g Public Works nmr t�ivicinn YartmPnt ACTION REQUIRED: Passage of an ordinance authorizing the City Attomey to seek possession of certain land located on Highway 16 West in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required easements for the Highway 16 West Water and Sewer Relocations. Such property is owned by Ozarks Electric Cooperative Corporation (Parcel Nos. 765- 16248-000, 765-13729- 000. 765- 13730). COST TO CITY: $ 2.040.00 $ 6 s 7 , 517 . 0 0 Highway 16 West Waterline Cosh iTus Request ategory rolec[ get Pate 7 oject eft 5400 - 5600 - 5808 - 00 g4 , 741 . 00 Water & Sewer Improvements Account um Fun o Date Program ame 99028-30 $ 692 , 776 . 00 Water $ Sewer Project Number 1�eruamlag a ance un BU GET REVIEW: _ {X Budgeted Item Fpdget Adjustment Attached \A AaTwkL�m /Budget wCoordinalor rmstranve Services Director CONTRACT/GRA%1LERFjV)Ey : JRaa ING A A1C ntm en g (Date u for _ Date tt ,Dai[ oor inator atm e -� - � 9 Purc tasmgIcer Date STAFF RECOMMENDATION: Have been unable to reach agreement with property owner for reasons as explained in the following memorandum. Staff recommends condemnation approval, along with an emergency clause, on this property such that contractor will not be delayed in initiating this project. 6 - /f- 11 r [stun ea _ atm Cross Reference - rr9 New Item: Yes —2L_ No ent rrec Dj atle' ( � f % t" V „�qfi Prev Ord/Res #: n Z [rector ate s Orig Contract Date: Mayof Irate Page 2 STAFF REVIEW FORM Description Condemnation--Hi sway 16 West Waterline Meeting Date June 15 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: June 8, 1999 TO: Fayetteville City Council THRU: Fred Hanna, Mayor Charles Venable, Public Works Director Donald Bunn, Assistant Public Works Director Jim Beavers, City Engineer FROM: Jill Goddard, Land Agent 7 SUBJECT: Highway 16 West Waterline Project No. 99028 Condemnation Initially, the plan was to construct the waterline on the north side of Highway 16 West from the Bypass to just east of Meadowlands Drive. However, because of numerous complications, the project was recently changed to construct on the north side of Highway 16 West until west of Salem Road, then bore under the highway at Ozarks Electric's easternmost property line, continue construction on the south side of the highway until the end of project, then bore back under to the north side for connections. With construction already started on the east end of this project, Ozarks Electric Cooperative Corporation is the only property owner yet to sign the proposed easement document. Accordingly, it is necessary that the City initiate condemnation proceedings as soon as possible in order to obtain court possession of this land so as not to interfere with the construction schedule. Initially, Ozarks Electric were offered $1 ,200.00 for the conveyance of rights associated with a twenty- five foot wide (less in some places) permanent easement (1 ,842.2 square meters or 19,829 square feet); $420.00 as rental of the lands associated with the Temporary Construction Easement ( 1 ,294.4 square meters or 13,933 square feet), and $420.00 in landscape damages, for a total offer amount of $2,040.00. This offer was originally presented on April 12, 1999. (See attached case history. ) The Board of Directors have been reluctant to sign for a number of reasons. The City has waited for results of two monthly board meetings (the first April 28, 1999, and the second May 26, 1999). Ozarks Electric declined the need for a City representative to be at either meeting. Ozarks Electric have each hired an appraiser, with appraisal expected by June 23, 1999 (next monthly board meeting). A compromise will be reached based upon those appraisals. In the meantime, condemnation is required to allow our contractor to enter the property and install the line. The contractor is almost to the property line at this point in time. .i. 46.598m "-uth right of way line of Hwy. 16 West 105.760m V 130.764m " " ""' " ' • < Proposed 25' permanent water/sewer < proposed 15' temporary construction u o0 E a o Parcel No. 765-13730-000 a Binding easement 4 o Deed Ref, 94-01440 Q "' n86010'02"w 66.696m 00, n8702744"w 0 Parcel No. 765-13729-000 64'213m 9 Deed Ref. 653/81 v N O ^ u o0 Eob v^ 3 E o z as � Ozarks Electric Cooperati e Corporation p N 9 N n8800477"w n88004'37"w 47.863m 168.98] m NOTE: Property description bearings have been rotated to AHTD survey bearings for Job No. 040277. Data and Deed Call Listing of File: OZK-AHTD.DES Tract 1 : 3.444 Acres: 150008 Sq Feet: 13936.2 Sq Meters: No significant closure error. : Perimeter = 2246 feet Tract 2: 2. 175 Acres: 94723 Sq Feet: 8800. 1 Sq Meters: No significant closure error. : Perimeter = 1374 feet Tract 3 : 10.985 Acres: 44453. 1 Sq Meters: No significant closure error. : Perimeter = 3021 feet Tract 4: 0.455 Acres: 19829 Sq Feet: 1842.2 Sq Meters: No significant closure error. : Perimeter = 1927 feet Tract 5: 0.320 Acres: 13933 Sq Feet: 1294.4 Sq Meters: No significant closure error. : Perimeter = 1888 feet 001 =s02. 1417w 2.929m 002=s02. 141 by 291 .843m 003=n88.0437w 47.863m 004=t02.2900e 295.378m 005=s87.2037e 46.598m 006=@ 1 007=/s02. 1417w 2.929m 008=/s87.31IIe 105.760m 009T02.4148e 2.796m 010=s87.2744e 130.764m 011 =s02.4148w 57.951m 0 1 2=n86. 1002w 66.696m 013=s02.2032w 21 .342m 0 1 4=n87.2744w 64.213m 0 1 5=n02.4148e 74.990m 016=@I ' 017=/s02. 1417w 2.929m 018=s87.31 Ile 105.760m 019=**s02.4I48w 74.990m 020=••s87.2744e 64.213m 021 =s02.2032w 215. 144m 022=n88.0437w 168.981m 023=•'n02. 1417e 291 .843m 024=@1 25' perm. esmt. 025=/n87.2037w 46.598m 026=s87.2037e 46.598m 027=s02. 1417w 2.929m 028=s87.31I le 105.760m 029=n02.4148e 2.796m 030=s87.2744e 130.764m 031=s02.4148w 7.620m 032=n87.2614w 283. 119m 033=n02.2900e 7.620m 034=@l 15' tcge 035=/n87.2037w 46.598m 036=/s02.2900w 7.620m 037=s02.2900w 4.572m 038=s87.2614e 283. 105m 039=t02.4148e 4.572m 040=n87.2614w 283. 119m CASE HISTORY Ozarks Electric Cooperative Corporation Highway 16 West Waterline 4-5-1999 Date of Offer Letter. $2,040. 00 offered for Permanent Easement, Temporary Construction Easement, and landscape damages. Packet including offer letter, easement document, and drawings prepared. Offer amount was based on $0.06/square foot (or $0.65/square meter), this is equivalent to $1 . 50 per linear foot for 25 foot wide easement—comparable to that offer by Gas Co. for easements on north side of Highway 16 West. 4-12-1999 Jill Goddard, Land Agent for City of Fayetteville, met with Mitchell Johnson, Vice President, and Charles Cosby, CEO, of Ozarks Electric. All walked part of project, discussed scope. Verbally left with no potential complications. Monthly Board of Directors meeting set for April 28, 1999. Mr. Cosby declined the offer of a city representative to be present. 4-28-1999 Ozarks Electric Board of Directors monthly meeting. 54-1999 Goddard called Ozarks Electric, talked to John Eldridge. Eldridge unsure completely as to why voted down. Both had some confusion as to why crossing to south side of Highway 16 West. Also, had discussed wanting more compensation. Counter offer was not decided upon or authorized by Board 5-4-1999 Charles Venable, Director of Public Works, called Ozarks Electric and talked to Mr. Luttrell . Suggestion made to meet with Mr. Cosby again to resolve differences and clarify issues. 5-19-1999 Jill Goddard and Sid Norbash, Staff Engineer for this project, met with Charles Cosby, Ozarks Electric. Were told that engineer for Ozarks has reviewed plans and made written recommendation to Board. Did not change offer amount as had received no counter offer. Again, Mr. Cosby declined the offer of a city representative to be present at next meeting. 5-26-1999 Ozarks Electric Board of Directors monthly meeting. 5-28-1999 Goddard called Ozarks Electric, talked to Mitchell Johnson. He said Ozarks Electric hired an appraiser yesterday with appraisal expected by June 23, 1999 (next Board Meeting) and they would let City know of the results. Goddard informed him that project was under construction on east end by Bypass and City may not be able to wait for another Board meeting. Mr. Venable advised initiation of condemnation proceedings. Later, John Eldridge (Ozarks Electric) called Goddard. He wanted to contact Jerry Case History Ozarks Electric Cooperative Corporation Page 2 Rose, City Attorney, to arrange for Right to Enter agreement. He indicated that compensation amount was issue to be resolved now and would like City to hold off on condemnation proceedings. &Q8-99 As of this date, Mr. Eldridge informed Mr. rose that the city needs to proceed with condemnation procedures in order to get onto the property while appraisals and compensation negotiations continue. OZARKS ELECTRIC COOPERATIVE CORPORATION Permanent Easement: A permanent easement of variable with across the above described property, being parallel with and contiguous to the south right of way of State Highway 16 and situated on the south side thereof, being a part of the Northeast Quarter (NE'/.) of the Southeast Quarter ( SE%) of Section 12, Township 16 North, Range 31 West, and part of the Northwest Quarter (NW%) of the Southwest Quarter (SW%) and part of the Southwest Quarter (SW%,) of the Northwest Quarter (NW%), of Section 7, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest comer of the NW'/. of the SW'/, of Section 7; thence North 020 14' 17" East 2.929 meters; thence North 870 20' 37" West 46.498 meters, to a point on the south right of way line of State Highway 16, said point also being the Point of Beginning; thence with said south right of way line, South 870 20' 37" East 46. 598 meters; thence South 020 14' 17" East 2.929 meters; thence South 870 31 ' 11 " East 105.760 meters; thence North 020 41 ' 48" East 2. 796 meters; thence South 870 27' 44" East 130.764 meters; thence leaving said south right of way line, South 020 41 ' 48" West 7.620 meters; thence North 870 26' 00" West 283. 348 meters; thence North 020 29' 00" East 7. 590 meters, to the Point of Beginning and containing 1840. 3 square meters, more or less. The bearings for this description are based on Arkansas Highway and Transportation Department survey bearings (metric) for AHTD Job No. 040277, and may vary from the bearing systems previously used in describing this property. Temporary Construction and Grading Easement ( 15'): A 4. 572 meter ( 15 foot) wide temporary construction and grading easement across the above described property, being parallel with and contiguous to the south line of the above described permanent easement and situated on the south side thereof, being a part of the Northeast Quarter (NE%) of the Southeast Quarter (SE'/,) of Section 12, Township 16 North, Range 31 West, and part of the Northwest Quarter (NW/.) of the Southwest Quarter (SW%.) and part of the Southwest Quarter (SW'/.) of the Northwest Quarter (NW%), of Section 7, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the NW'/. of the SW/. of Section 7; thence North 020 14' 17" East 2.929 meters; thence North 870 20' 37" West 46.498 meters; thence South 020 29' 00" West 7.590 meters, to the Point of Beginning; thence South 870 26' 00" East 283.348 meters; thence South 020 41 ' 48" West 4. 572 meters; thence North 870 26' 00" West 283. 330 meters; thence North 020 29' 00" East 4.572 meters, to the Point of Beginning and containing 1295.4 square meters, more or less. The bearings for this description are based on Arkansas Highway and Transportation Department survey bearings (metric) for AHTD Job No. 040277, and may vary from the bearing systems previously used in describing this property.