HomeMy WebLinkAboutOrdinance 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.
Ozarks Electric Cooperative Corporation
Parcel No. 765-13729-000
Parcel No. 765-16248-000
Deed Ref. 653/81
Parcel No. 765-13730-000
Deed Ref. 94-01440
Property Description:
(Deed Ref. 653/81)
A part of the Southwest Quarter of the Fractional Northwest Quarter and a part of the
Northwest Quarter of the Fractional Southwest Quarter of Section Seven (7), Township
Sixteen (16) North, Range Thirty (30) West, and a part of the Northeast Quarter of the
Southeast Quarter of Section Twelve (12), Township Sixteen (16) North, of Range Thirty-
one (31) West, being more particularly described as follows, to -wit: Beginning at a point
in the center line of Arkansas State Highway No. 16 which is forty-six and twenty-two
hundredths (46.22) feet North of the Southwest corner of the Southwest Quarter of the
Fractional Northwest Quarter of Section Seven (7), the same point being two (2) feet North
of the Northeast corner of the Southeast Quarter of Section Twelve (12), and running
thence east with the centerline of said highway three hundred forty-nine and twenty-seven
hundredths (349.27) feet; thence South two hundred ninety-three and four hundredths
(293.04) feet; thence East two hundred ten and ninety-seven hundredths (210.97) feet;
thence South seven hundred twelve and ninety-six hundredths (712.96) feet; thence West
seven hundred ten and ninety-seven hundredths (712.97) feet; thence North ten hundred
six (1006) feet to the centerline of said Highway No. 16; thence East one hundred fifty and
seventy-three hundredths (150.73) feet more or less to the point of beginning, containing
Fifteen (15) acres, more or less.
(Deed Ref. 93-01440)
Part of the Fractional Northwest Quarter (NW%) of the Southwest Quarter (SWY4), and
part of the Fractional Southwest Quarter (SW%) of the Northwest Quarter (NW%) of
Section 7, Township 16 North of Range 30 West, being more particularly described as
follows, to -wit: Beginning at a point in Highway No. 16 West which is 44.17 feet North and
349.27 feet East of the Northwest Comer of the first mentioned Fractional Forty acre tract,
and running thence East on a line 22.76 inches South of and parallel with the centerline
of State Highway No. 16, 434.61 feet; thence South 222.75 feet; thence West 217.47 feet;
thence South 70.02 feet; thence West 210.87 feet; thence North 293.04 feet, more or less,
to the place of beginning, except that part North of said highway. Subject to existing
easements and restrictions of record, if any.
'FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
April 5, 1999
Ozarks Electric Cooperative Corporation
Attn: Board of Directors
P.O. Box 848
Fayetteville, AR 72702-0848
RE: Highway 16 West Waterline
Job No. 99028
Parcel No. 765-16248-000
Parcel No. 765-13729-000
Parcel No. 765-13730-000
Offer Letter
Dear Gentlemen and Ladies of the Board:
The City of Fayetteville is planning the installation of an 18 -inch waterline along a portion
of Highway 16 West from Shiloh Drive to just west of Meadowlands Drive. It is therefore
necessary to obtain permanent and temporary construction easements across a portion of your
property for this project. The temporary construction easement 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 permanent and temporary easements. The
City of Fayetteville hereby offers $1,200.00 for the conveyance of rights associated with the
Permanent Easement (1,842.2 square meters), $420.00 as rental of the lands associated with the
Temporary Construction Easement (1,294.4 square meters), and $420.00 in landscape damages;
making the total offer amount $2,040.00.
Should you elect to accept this offer, the Water/Sewer Easement (which contains both the
Permanent and Temporary Construction Easements) contained herein should be executed by all
parties with current ownership interest in the particular property. The document should be
notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness
and notarize the execution of the document if you will advise our office accordingly. Upon receipt
of this document, a check will be requested and you will be paid the amount indicated in this offer
letter.
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
Ozarks Electric Cooperative Corporation
Offer Letter, Page 2 of 2
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 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.
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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. Please
provide us with a Tax Identification Number (Corporation) or Social Security Number so that a
check can be written. 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