HomeMy WebLinkAboutOrdinance 4192 FILED FOR RECORD
' 00 FEB 29 AM 10 10
ORDINANCE NO. 4192
AN ORDINANCE AUTHORIZING EMINENT DOMAIN rrrrrrEEE
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
AND TEMPORARY EASEMENTS OVER, UNDER AND
ACROSS LAND LOCATED ON HIGHWAY 265, OWNED BY
RICHARD L. MAYES AND ETHEL L. MAYES, FOR THE
HIGHWAY 265 WATER AND SEWER RELOCATIONS
PROJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Sectiol. 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 265, owned by
Richard L. Mayes and Ethel L. Mayes, for the Highway 265 water and sewer relocations project.
See Exhibit "A" attached hereto and made a part hereof.
PASSED AND APPROVED this -5'h day of October , 1999.
APPROVED:
By: '7'
Fred Hanna, Mayor
ATTEST:
�40
By:
4/, H4qather W ruff, City C rk
_ -- 2000013736
Ordinance 4192
Exhibit "A"
Property Owners:
Richard L. Mayes and Ethel L. Mayes
PROPERTY DESCRIPTION:
Part of the North Half (NI/2) of the Northeast Quarter (NEI/4) of the Southeast
Quarter (SEI /4) of Section Fourteen (14) in Township Sixteen ( 16) North, Range
Thirty (30) West of the 5th P.M., the same being more particularly described as
follows: Beginning at a point twenty (20) rods North of the Southwest comer of
the said twenty acre tract; and running thence North twenty (20) rods, thence East
thirty-two (32) rods; thence South twenty (20) rods; thence West thirty-two (32)
rods to the place of beginning, containing four (4) acres, more or less.
LESS AND EXCEPT that portion within the NEIA of the SETA of Section 14,
Township 16 North, Range 30 West, and described in CIV Case No. 99-515-4 of
the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, containing, 29,201 square feet, more or less. Also described in Exhibit
"A" attached hereto and made a part hereof.
PERMANENT EASEMENT DESCRIPTION:
A twenty (20) foot permanent easement of equal and uniform width located along
the East side of Arkansas Highway 265 Right of Way line as referenced by State
Highway Commission Job No. 004999. This easement is more particularly
described as beginning at the Grantor's South property line and extending North
330 feet, more or less, to the Grantor's North property line, containing 6,731 square
feet (0. 15 acre), more or less.
The bearings used in the above description are referenced from bearings developed
by the Arkansas State Highway Commission for the Highway Project No. 004999
Right of Way Plans and will be different than the bearing system previously used
in describing the Owner's property.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction and grading easement twenty (20) feet in width being
parallel with and contiguous to the above described permanent easement and
situated on the east side thereof. This temporary construction easement contains
6,731 square feet (0. 15 acre), more or less.
2000013737
I, Kethleon Mamdae, Circuit Cloth and Ex-officio
Recordar W WMhlhgtbh Cotinly, Arkansas, do hereby
certify that thio IhstrUmbht WAb filed lar meord In my
office as Indic&ted her9oh and lho bathe Is now duty
recorded With tha. ackhbWludgomant arid certificate
thereon In Record Bock bird Page aB ladlcated thereon.
IN WITNESS WHER5QP, 1 h`ve hereunto set my
hand and affixed Ne seal of Said Court on the dale indi-
ca'ed hereon.
K,:h!asr Homess
,,cjn oerk and Ex-otticlo Recorder
STAFF REVIEW FORM
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW —'
For the Fayetteville City Council meeting of October &J
FROM:
Jill Goddard �.� En �ineerin,g Public Works
ame TSv�y rnartm,+nt
ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain land located along Highway 265
in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water
and Sewer Relocations. Such property is owned by Richard L. Mayes and Ethel L. Mayes (Parcel No. 765-02253-000).
COST TO CITY:
$. 1-}rtS I ,SQt"� SCL�iI $ 3 .999. 559 Hi hwav�265 - W/S Relocations
osZ—t of t rrs Request ateg�ject Budget Zatego- ry/Projeo ame
5600-5808-00 592548 SewerImprovements
7M-0u0 Number un o ate Wgm
ame
97043;30 $ 3 407
Fmjce[
Number 1n ammg011ance un
BU Gp ET REV X_ Budgeted Item lud et Adjustment Attached
t
geiCoordinator stra ve 3erviCes Directo
CONTRACT/GRANT/LEASE REVIEW: GRANTING AG %CY,
J ad �I 9 Z
Accou g r Date 41nta Auditor Date
9 z � -s5
Tttom atm— oo ator 15ate
;i e R- (98 -q9
Purchasing Officer atl� e
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.
2 99
r ea Date Cross Reference
�y New Item: Yes No
r foratb e
Prev Ord/Res #:
AdniZve Sems rrcetor Dale
:f) " " r Orig Contract Date:
Maydy ate
Page 2
STAFF REVIEW FORM
Description Condemnation--Hi h—wway 265 - Water/Sewer Relocations Meeting Date October 5 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
. FAYETTEVI LLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: September 28, 1999
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Works Director
Donald Bunn, Assistant Public Works Director
Jim Beavers, City Engineer,6
FROM: Jill Goddard, Land Agent
SUBJECT: Highway 265 Water/Sewerl]Relo'cations
Phase I (Highway 16 north to Deerpath Drive)
Project No. 97043
Richard L. & Ethel L. Mayes
The City has been acquiring easements along Highway 16 and Highway 265 for water and sewer
relocations to be constructed prior to the Highway Department widening of Highway 265.
On Phase I, there is one property without signed documentation (or even a verbal indication of
settlement). Given the extremely short time frame in which to do these relocations, 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, Mr. and Mrs. Mayes were offered $615.00 for the conveyance of rights associated with a twenty
foot wide permanent easement (6,731 square feet), $330.00 as rental of the lands associated with the
Temporary Construction and Grading Easement (6,731 square feet), and $200.00 in landscape
damages; for a total offer amount of $1 , 145.00. This offer was originally presented on August 23, 1999.
(See attached case history. )
Mr. and Mrs. Mayes have apparently been advised by their attorney not to sign any easements as they
are in litigation with the Highway Department in regard to the right of way acquisition of a portion of their
property along Highway 265.
An independent appraisal has been requested from Mark Risk, The Real Estate Consultants, to
determine land value as the original offer amount was based on appraisal information prepared by the
Highway Department for their right of way acquisition. This was received September 27, 1999. A
revised offer will be presented to the Mayes based on this appraisal.
CASE HISTORY
Richard L. Mayes & Ethel L. Mayes
Highway 265 Water/Sewer Relocations
Tract 30
August 20, 1999 Date of original Offer Letter. $615.00 offered for 6, 731 square feet
permanent easement area, $330. 00 for 6, 731 square feet temporary
construction easement area, and $200.00 for landscape damages;
total offer amount being $1 , 145.00. Packet including offer letter,
document and drawings prepared. Offer amount based on land value
of $26,400/acre as determined by AHTD, with 15% of land value x sq.
ft. for permanent easement area and 8% of land value x sq. ft. for
rental of temporary easement area.
August 23, 1999 Holly Jones, contractual representative for the City of Fayetteville,
met with Mr. and Mrs. Mayes at their home to discuss project. They
were in litigation with AHTD over right of way acquisition and had
been advised by their attorney not to sign anything until discussing
matters with him first. They were verbally told of the very short time
frame associated with this project.
August 24, 1999 Large scale drawing of area delivered to Mr. and Mrs. Mayes to give
to their attorney.
Sept. 8, 1999 Requested appraisal from Mark Risk, The Real Estate Consultants.
Given verbal quote on price and time. Should have within 3 weeks.
Requested purchase order.
Sept. 13, 1999 Date of notification letter. Sent certified mail.
Sept. 14, 1999 As of this date, have not heard from Mr. and Mrs. Mayes or their
attorney.
Sept. 27, 1999 Received appraisal from the Real Estate Consultants.
Sept. 28, 1999 Revised offer letter to Mr. and Mrs. Mayes based on appraisal .
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
September 28, 1999
Richard L. & Ethel L. Mayes
10 N. Crossover
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 30
Revised Offer Letter
Dear Mr. and Mrs. Mayes:
The City of Fayetteville is in receipt of an appraisal conducted by the Real Estate
Consultants (copy of the cover page is enclosed). In an effort to negotiate this offer without legal
action, the City is prepared to make a revised offer based on this appraisal .
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 $930.00 for the conveyance of rights associated with the
Permanent Easement (6, 731 square feet), $465.00 as rental of the lands associated with the
Temporary Construction Easement (6, 731 square feet), and $200.00 in landscape damages;
making the total offer amount $1 ,595.00. The temporary construction easement will terminate
upon completion and acceptance of the project by the City.
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.
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.
113 WEST MOUNTAIN 72701 501521 -7700
FAX 501575-8257
Mr. and Mrs. Mayes
Revised 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
WaterlSewer 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. We
urge you to address this matter at your earliest convenience as the City has a very limited time
frame in which to install these utilities. 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 Jill Goddard at (501 ) 444-
3407, Ed Connell at 444-3415 or I can be reached at 575-8206.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
Attachments
APPRAISAL REPORT
FOR
CITY OF FAYEMVILLE
Limited Summary Appraisal Report
PROJECT Highway 265 Water/Sewer Relocations (lob No. 97043)
COUNTY Washington
PARCEL 0 765-02253-000
LOCATION 10 N.Crossover Rd., Fayetteville, AR (Pt. Of the NE If, SE 'A, Sec. 14,
T16N, R30W
FEE OWNER Richard & Ethel Maya
ADDRESS 10 N.Crossover Rd., Fayetteville, AR 72701
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 3.33 acres AREA OF RESIDUAL 3. 18 acres
AREA OF PERMANENT ACQUISITION 6,731 Sq.Ft. or . 15 acre
(Descripti= attached)
Permanent Water/Sewer Easement 6,731 Sq. Ft.
Temporary Construction and Grading Easement 6,731 Sq. Ft.
ESTIMATED FAIR MARKT VALUE OF THE PROPERTY:
Before
Lana $ 99,000
Improvements $ 0•
Total $ 99,000
After
Land $ 98.070
Improvements $ 0•
Taal $ 98,070
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION $ 930
As of 16th day of September, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
Water/Sewer Easement 6,731 SF @ $.69/SF x 0.20 = $ 929 Say $ 930
T.C.E.** 6,731 SF ® $.69/SF x 0. 10 = $ 464 Say $ 465
Trees None $ 0
Improvements: None $ 0
Total R-OW, T.C.E., Trees, & Improvements $ 1,395
Damages or Benefits: $ 0
Total Compensation $ 1,395
Say $1,400 amnannlunai
xs MP 26
ATTACHMENTS: App ERT�rle 9,
X Certificate of Appraiser
X Photographs ser, Mar . Risk TE\\$ ate
X Site, Improvement, H&B Use Narrative CERTIFIED \cggg
X Legal Descriptions GENERAL 2
X Markett ch Data ApproaNo. CGO202
X Survey % .. _
X Tax Assessment Card RtKu'i c
The appraiser has not determined the value of the existing subject improvements due to his opinion that
they are not significantly affected by the partial taking.
•' Water/Sewer Easement Value is based upon 20% of the fee simple land value per appraiser research.
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value multiplied
times 10% to reflect a fair return plus a premium for inconvenience.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
September 13, 1999
VIA CERTIFIED MAIL
Richard L. & Ethel L. Mayes
10 N . Crossover
Fayetteville, AR 72701
RE : Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 30
Notification
Dear Mr. and Mrs. Mayes:
On August 23, 1999, Holly Jones, representative for the City of Fayetteville, met
with you to discuss the proposed easements requested with the above mentioned project
as they pertain to your property. As of this date, we have not received your signed
documentation. We urge you to address this matter at your earliest convenience as the
City has a very limited time frame in which to relocate utilities.
If we have not heard from you nor received a signed easement document and
vendor form by September 20, 1999, procedures will be started to obtain possession i
through the courts. An independent appraisal has been requested. However, please keep
in mind that condemnation proceedings can be stopped at any time if an agreement is
reached before the court date.
A City Land Agent will be glad to meet with you to discuss all phases of this project
and the associated easements. Please contact Jill Goddard at (501 ) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
113 WEST MOUNTAIN 72701 501521-7700
FAX 501 575-8257
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
August 20, 1999
Richard L. & Ethel L. Mayes
10 N . Crossover
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 30
Offer Letter
Dear Mr. and Mrs. Mayes:
In conjunction with the widening of Highway 265 from Highway 16 north to Highway 45, the
City of Fayetteville is required to relocate the majority of water and sewer lines that now service
this area . These relocations are to be done just prior to the highway widening. 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 $615.00 for the conveyance of rights associated with the
Permanent Easement (6,731 square feet), $330.00 as rental of the lands associated with the
Temporary Construction Easement (6, 731 square feet), and $200.00 in landscape damages;
making the total offer amount $1 , 145.00.
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.
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.
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257