The URL can be used to link to this page

Home My WebLink AboutOrdinance 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 Mr. and Mrs. Mayes 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 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. 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 F ANT( OR - W .1] I1NT1 i g Y OA19 - NOlssill W V U J V sAs o � 3o 01 {s.iaW N W F ¢ N 2 S tot nTJ 'd = ari llS z AEC o HsJ u i 3tl33A3a c N J �3 � s aq /�Conn A I "I MM i (I) ATM ONJU3ONT311 N' Fti Z nU Ann30NO0N01 5tl n01 O O u � 1 N- ¢ o na tloNTry Y W w M31A 111 NOlso9 I-, Ob NIL AMO w 3 pP Sr Q C a ¢ /w� U) ry '1112 w------------ ------- ---I---_------_------ MM Q W O 1 1 O ,^ Q W H N Q z I W V N W V z W Q C s VII ` On N1_ rJ AM ^^ MAVIs W T cro a G✓ no t f - I 1 NS SNI l W . W Project No. 97043 Project: Highway 265 Watw/Sewer Relocation Parcel No. 765.02253000 Tract No. 30 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Richard L. Mayes and Ethel L. Mayes, husband and wife, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Part of the North Half (Nib) of the Northeast Quarter (NE'/.) of the Southeast Quarter (SE)'.) 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 corner 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 NE%of the SE%. 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 'Aattached hereto and made a part hereof. PERMANENT €ASEMNT 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 A M NT 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, together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located or under construction within said temporary construction and grading easement area during the construction of the hereinabove referenced project. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. WATER/SEWER EASEMENT Mayes Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenantor agreement not herein expressed. WITNESS the execution hereof on this the day of , 1999. L. Mayes STATE OF ARKANSAS COUNTY OF WASHINGTON Ethel L. Mayes ACKNOWLEDGMENT W. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Richard L. Mayes and Ethel L. Mayes, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 1999. Notary Public MY COMMISSION EXPIRES: EXHIBIT "A" IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS ARKANSAS STATE HIGHWAY COMMISSION VS. NO. CIV 99-515-4 PLAINTIFF RICHARD L. MAYES AND ETHEL L. MAYES, HUSBAND AND WIFE; AND THE BANK OF FAYETTEVILLE, N.A., MORTGAGEE DEFENDANTS JOB NO: 004999 TRACT NO: 30 OWNERS AND/OR PARTIES OF INTEREST: Richard L. Mayes and Ethel L. Mayes, husband and wife; and the Bank of Fayetteville, N.A., Mortgagee LEGAL DESCRIPTION: TRACT NO. 30: Part of Lot 11 of W. E. Anderson Farm Subdivision to the City of Fayetteville also being part of the Northeast Quarter of the Southeast Quarter of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 14; thence South 85° 40' 22" West along the South line thereof a distance of 1322.95 feet to the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 14; thence North 04° 19' 00" West along the West fine of the Northeast Quarter of the Southeast Quarter of Section 14 a distance of 991.73 feet to the Southwest comer of Lot 11 of W. E. Anderson Farm Subdivision for the point of beginning; thence continue North 04° 19' 00" West along the West line of the Northeast Quarter of the Southeast Quarter of Section 14 also being the West line of Lot 14 of W. E. Anderson Farm Subdivision a distance of 335.50 feet to the Northwest comer of the Northeast Quarter of the Southeast Quarter of Section 14 also being the Northwest corner of Lot 11 of W. E. Anderson Farm Subdivision; thence North 86.04' 04" East along the North line of the Northeast Quarter of the Southeast Quarter of Section 14 also being the North line of Lot 11 of the W. E. Anderson Farm Subdivision a distance of 99.32 feet to a point on the Easterly proposed right of way line of Arkansas State Highway 265; thence South 00° 54' 17" East along said proposed right of way line a distance of 146.92 feet to a point; thence South 01 ° 32' 33" West along said proposed right of way line a distance of 189.65 feet to a point on the South line of Lot 11 of the W. E. Anderson Farm Subdivision; thence South 86° 0439" West along said South line a distance of 71.21 feet to the point of beginning and containing 29,201 square feet, more or less. UTILITY EASEMENT MAP EASEMENT TRACT no. 90 R/CXARD L. & ATNEL L. MAYE� IN COOOf taT 11 VL HOLRSW f41J1 W3flVISIDI C 3v C= taf II 'ILNCCwsp rI SUCmvlsla. I I kl I l�' I �yll NeV0404t1 Ipq p I I / 1 20.03' to Q I c K W w I I; f u z � xl W DA4/D MERSEY & I/ARRIET NEIMAN N}PTN SU8 lV/SION L/N£ )404'E LOT Ii � I I Scale: J"=40' RICIJARD & LTHEL MAILS' I 30 0.1 I LOTIi KE. ANDERSON FARM __SUBDIVISION _ I I .SITS OF EASEMENT PSRYANSNI V7/L/TY EA.SL'.4/ENT I 6,791 SQ.,T. (015 ACRES) TEVPORARY CONSTRUCT/ON TAS'EJ/ENT 6,791 SQ.1T. (0.15 ACRES) 4 I PKR�CO ' dM4OC I LOT l) N86'0439'E LOT 12 T86-04I39'V eoo9' I 29 CIA UPS & DOROTHY CRAXIAM FAMILY TRUST 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 Side Letter Dear Mr. & Mrs. Mayes: In reviewing the plans for the above mentioned project, some special items need to be taken into consideration. Construction of the water line will necessitate the removal of certain trees within the permanent easement area. The City tries to avoid damage to and the loss of trees and other vegetation; however, there are times when circumstances leave no other choice. The City cannot adequately compensate you for the loss of any mature trees that are in landscaped areas; however, the following proposed compensation will allow you to plant similar trees as a substitute for the trees that will have to be removed: 2-1"mimosa =@$100 $200 The City does not encourage the planting of new trees in the specified permanent easement area because such trees inhibit the future use of said easement area. The 20" elm in the 12 foot diameter wooden planter (within the temporary construction easement area) is to be protected by the contractor. If you have any further concerns or comments, please feel free to call either Ed Connell at 444-3415 or Jill Goddard at 444-3407. Sincerely yours, Jim Beavers City Engineer JBIisg 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 ft Z&( I I a j W N. o �x, 1 a J} 1 \ I IV II ya .f 'fi r ry .ry a ,AL 11 Al ' I 'f%Ir' K w ��l )yiwa r/,ir l.r+!11\}�'iYORAN iT' rrl 4 F ^• l 45 ♦R1#(T &rrC ) ry-vl iµ1 ♦ ♦ r ylr- ✓f"� ur v ,1 J •a v l {y y ry SI '�' ( 4rroz ep1' V t\lr 11•nE \'O a n•. r a r'1 •. A 'Y y r r. .� a ,rv.• Sl MIMOS' ij S :`l i. {r.i1 r 1 IJIiJnr .1 ,.: �' r r. 15N )• 1 4.rt• r, y r vI•e. r ICA - (Ir X13 J 1\i.I )y41 i I : y .Il ri i V \..) J u •II ,- II IVIt �r•IJ 2 J jI ua I ,"II ♦ : r MOSTLY ELM TREES' IN OLD FENCE ROW•1•.� ♦ Y J. } . ),I4 y. \1 '.1. I l•..1 / y4try l�, of i't[ 5/t i`. lYf•. ,•, (1 • 'r /)' }'Ti .( ry/•/•"tai' ,•5 i'Lfl\ l It \ylr , 11{ '•4 r ) I r • 1 N � I r 'I I 'jJ 1 1 11 tµl`♦., 20 ELM IN 12• DIA c/ 1 .+\] 1 V r;.t • • I} J ...'._..ii:,............... l fy}y ,� s\IL1 ) . L: F '1 X11 I I ''a. 11i 31r 1 r _j_ r Y\ Y • T I J .) r.I iI c.........• --'.•y RICHARD «I.rl &:.ETHEL MT's[ - .0 7 -A?. ♦; "- • rr ♦ Y \..V / \ \I ,) , • ' r• i I ' ,1," t4) 11: ..... 1 .......................•••%•••••.. •al vy rv: /I iri '1:tiy ,] ; 1 1 •.1 ( 1 ) 1, .x , 1 �ti l a 1 , ..,•1 y,. I f1 J a . • 1 ,...•_,' 1 riVYI :.•lea tt , r / s 1 L 1 J ♦ r IL \ - 1. I. I I I I I) e. NOTEe 'PUE IS 20 VIDE:'.• THE.SOUTHERLY PORTION', r IS NOT 'HATCHED' BECAUSE i ', '`IT OVERLAPS AN EXISTING 25' CITY. UTILITY EASEMENT. i APPRAISAL REPORT FOR ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT JOB: 004999 PROJECT: STP-STPG-91-42(6) County: Washington TRACT: 30,30-E LOCATION: Hwy. 16 - Hwy. 45 (Route 265 Section 2) FEE OWNER(S): Richard L. Mayes and Ethel L. Mayes ADDRESS: 10 North Crossover Road, Fayetteville, Arkansas 72701 PHONE: 501-521-1896 TENANT(S): ADDRESS: PHONE: AREA OF WHOLE: _4.08±Acres PERMANENT EASEMENT(S): AREA OF REMAINDER: 3.41±Acres TEMPORARY EASEMENT(S): .01±Acres AREA OF ACQUISITION: .67±Acres' (Title Certificate and Legal Descriptions Attached) • .15±Acres is being used as a public road. ESTATE APPRAISED: Fee Simple HIGHEST i HEST USE: Residential Highest and Best Use is defined as "that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively that use, from among reasonable, probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible and which results in highest land value." "sue'•" 'sc,_ To estimate the Fair Market Value of described property, including all damages and/or benefits that are allowed under State law to the remaining property, as just compensation for the property acquired. MARKET VALUE CONCEPT: 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 and knowledgeably, and assuming the price is not affected by undue stimulus. ALLOCATION OF COMPENSATION Land: .523Acres @ $26,400/Ac. _ $ (Rnd) 13,750.00 Area Being Used as a Public Road: .15±Acres @ Zero Value = 0 $ Improvements: Trees $ 500.00 Cost To Cure Items: $ Sign Relocation/Purchase: $ Permanent Easements: • $ Temporary Easements: .01±Acres @ Rental Value = $ 100.00 TOTAL COMPENSATION AS OF September 9, 1998 $ 14,350.00 COMMENTS: The appraiser met with Mr. Mayes at his residence on the subject property where the R/W maps and proposed project were discussed. Date: September 28, 1998 Randall E. Cobb, Appraiser vs:004999: tr. 30, 30-E Job: 004999 Tract: 30,30-E I Washington County Real Estate Assessment Record Parcel Number 65-02253-000 Location Address 10 Iu ND CROSS Owner MAYES, RICHARD L. & ETHEL L. Mailing 10 N CROSSOVER Address FAYETTEVILLE HAR I701 Property Type RI Current year 1998 Appraised Assessed Land value 30,000 6,000 Imp. value 83,200 16,640 Total value 113,200 22,640 Legal Description Lot O Block II Section -Township -Range 14-16-30 Addition ANDERSON FARM PLAT Legal W 32RD. L 11 NE SE 14-16-30 4 ACRES Deed 10/07/96 I 96-63698 DD I 115.50 I I 35,000 School District IFAYETTEVILLE SCHOOLS I City description IFAYETTEVILLE FILED FOR RECORD 96 CCT 9 fll 10 59 WASHINGTON CO AR R. HARNESS KNOW ALL MEN BY THESE PRESENTS, That we, Freddie Brooks and Carole Brooke, husband and wife, and James 8. Brooks and Sandra R. Brooks, husband and wife, hereafter called Grantors, for and in the consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by Richard L. Hats and Ethel L. Mayes, husband and wife, hereinafter called Grantees, do hereby grant, bargain and sell unto the said Grantees and Grantees' heirs and assigns, forever, the following lands lying in Washington County, Arkansas, to -wit, Part of the North Halt (N 1/2) of the Northeast Quarter (NB 1/4) of the Southeast Quarter (SE 1/4) of Section Fourteen (14) in Township Sixteen (16) North, Range Thirty (30) Nest of the 5th P. M., the same being more particularly described as follows, Beginning at a point twenty (20) rods North of the Southwest corner of the said twenty acre tract (20): 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. TO HAVE AND TO HOLD the lands and appurtenances thereunto belonging unto the said Grantees and Grantees' heirs and assigns, forever. And we, the said Grantors, hereby covenant that we are lawfully seized of said land aiC premises, that the same is unencumbered, and that we will forever warrant and defend the title to the said lands against all legal claims. V• 490078 1 awetw,dwperry dtaranstp Mt lair sand rail d nrory Orys b..w*co+.Ei iiA' /idlest /ZJplcb&Uc 44 77101 96063698 V2 STATE OP ALAS TA ss. COUNTY OF A,.rcass+cc On this 2A& day of October, 1996, before me, a notary public, in and for the County and State aforesaid, personally appeared James B. Brooks and Sandra R. Brooks, husband and wife, who stated that they were the person whose names are subscribed to the foregoing instrument and acknowledged that they had executed the foregoing for the consideration and rn�rep��.s mentioned and set forth. In witness whereof I hereunto met my hand and offs ial sal. '� ` UBU�Q1s' NOTARY PUBLIC V'•, :' My Commission expires, ,/'.2 /99 "fit,: �,12 '•' STATE OF ARKANSAS ) as. COUNTY OP NASHINOTC" On thin ti -day of October, 1996, before me, a notary public, in and for the County and State aforesaid, personally appeared Freddie Brooks and Carole Brooks, husband and wife, who stated that they were the persons whose names are subscribed to the foregoing instrument and acknowledged that they had executed the foregoing for the consideration and purposes mentioned and set forth. In witness whereof I hereunto set my hand and offic al seal. GUIµ/!/1((,/NOOTTARY PUBLIC My commission xpl es: om worNertm�c.Ob!.v erctaao,wyeTy �Aira. tit 96065699 co IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS T 3 Y rn rn m v ARKANSAS STATE HIGHWAY COMMISSION PLAINVY-F 0 VS. NO. CIV 99-51S'4 rf = Cl, c> (no 0 RICHARD L. MAYES AND ETHEL L. MAYES, HUSBAND AND WIFE; AND THE BANK OF M m FAYETTEVILLE, N.A., MORTGAGEE DEFENDANTS ORDER OF POSSESSION co On this day comes CO on to be heard the motion'- o€ Plaintiff, Arkansas State Highway Commission, for an;•Qtderx, p c) —C re of this Court granting it the right of immediate poss�seci o.z rn of the lands designated as Tracts 30 and 30E, J bo Nos m D 0 004999, in the Complaint and Declaration of Taking filet herein; upon consideration whereof, and it being shown to the Court that said lands were taken by Plaintiff pursuant to the provisions of Ark. Code Ann. §§ 27-67-301 to -321 (Repl. 1994), and that estimated compensation for the taking is now in the registry of this Court, the Court is of the opinion that Plaintiff's motion should be granted. IT IS THEREFORE CONSIDERED AND ORDERED that Plaintiff's Motion for Immediate Possession be, and is hereby, granted, and that Defendants be, and are hereby, ordered and directed to immediately surrender possession of said lands to Plaintiff; provided, this Order shall be held in abeyance for a period of twenty (20) days after service of same upon 99011683 Defendants within which time Defendants may appear and show cause why this order should not be effective as entered. DATE APPROVED: Robert L. Wilson, Chief Co nsel 99011684 4 IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS ARKANSAS STATE HIGHWAY COMMISSION PLAINTIFF VS. NO. CIV 99- 5)� � / 3 r RICHARD L. MAYES AND ETHEL L. MAYES, HUSBAND AND WIFE; AND THE BANK OF A FAYETTEVILLE, N.A., MORTGAGEE DEFENDANT'S cr+ 3 C) COMPLAINT AT LAW u o W p 00 / Plaintiff, Arkansas State Highway Commission, files this Complaint against the lands described herein and the parties hereto under the power of eminent domain and the 00 police power pursuant to the authority and provisions of Act gi7 419 of the 1953 General Assembly of the State of Arkansas, codified at Ark. Code Ann. §§ 27-67-301 to -321 (Repl. 1994), and in support thereof, states: I Plaintiff is the duly constituted agency of the State of Arkansas charged by law with the construction and maintenance of those highways and roads which comprise the highway system of the State of Arkansas. The highway hereinafter referred to is a part of the highway system of the State of Arkansas. II In connection with Job No. 004999, more commonly known as Hwy 16 - Hwy 45(S) (Hwy 265), Washington County, plans of which are on file at Plaintiff's offices in Little Rock and with the Clerk of this Court, Plaintiff will construct and maintain highway facilities in Washington County on the lands hereinafter described. III The tracts of land described in Schedule "A" attached hereto and made a part hereof are located in Washington County, Arkansas, and are needed for highway purposes in furtherance of said Job No. 004999, and it is necessary that title in fee to Tract 30 be vested in Plaintiff and that a temporary construction easement be imposed on Tract 30E. Chain of title affecting said lands are in the Recorder's office in Washington County, Arkansas, with interest holder the Bank of Fayetteville, recorded in Instrument #97021348 on or about April 7, 1997. WHEREFORE, Plaintiff prays that the above described lands be condemned by order of this Court and that title in fee to Tract 30 and a temporary construction easement on Tract 30E, Job No. 004999, be adjudged and vested in Plaintiff; that just compensation for the condemnation and taking of said lands be awarded to those parties entitled thereto, and for such other relief as may be lawful and proper. ARKANSAS STATE HIGHWAY COMMISSION } BY: Robert L. Wilson, Chief Counsel By: Mark J. Whitmore, #87188 Attorney for Plaintiff Post Office Box 2261 Little Rock, AR 72203-2261 (501) 569-2158 3 SCHEDULE "A" TO COMPLAINT AT LAW JOB NO: -004999 TRACT NO: 30 and 30E OWNERS AND/OR PARTIES IN INTEREST: Richard L. Mayes and Ethel L. Mayes, husband and wife; and The Bank of Fayetteville, N.A., Mortgagee LEGAL DESCRIPTIONS TRACT 30 Part of Lot 11 of W.E. Anderson Farm Subdivision to the City of Fayetteville also being part of the Northeast Quarter of the Southeast Quarter of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 14; thence South 85° 40' 22" West along the South line thereof a distance of 1322.95 feet to the Southwest Corner of the Northeast Quarter of the Southeast Quarter of Section 14; thence North 04° 19' 00" West along the West line of the Northeast Quarter of the Southeast Quarter of Section 14 a distance of 991.73 feet to the Southwest Corner of Lot 11 of W.E. Anderson Farm Subdivision for the point of beginning; thence continue North 04° 19' 00" West along the West line of the Northeast Quarter of the Southeast Quarter of Section 14 also being the West line of Lot 14 of W.E. Anderson Farm Subdivision a distance of 335.50 feet to the Northwest Corner of the Northeast Quarter of the Southeast Quarter of Section 14 also being the Northwest Corner of Lot 11 of W.E. Anderson Farm Subdivision; thence North 86° 04' 04" East along the North line of the Northeast Quarter of the Southeast Quarter of Section 14 also being the North line of Lot 11 of the W.E. Anderson Farm Subdivision a distance of 99.32 feet to a point on the Easterly proposed right of way line of Arkansas State Highway 265; thence South 00° 54' 17" East along said proposed right of way line a distance of 146.92 feet to a point; thence South 01° 32' 33" West along said proposed right of way line a distance of 189.65 feet to a point on the South line of Lot 11 of the W.E. Anderson Farm Subdivision; thence South 860 04 39" West along said South line a distance of 71.21 feet to the point of beginning and containing 29,201 square feet more or less. • TRACT 30E 4 Part of Lot 11 of W. E. Anderson Farm Subdivision to the City of Fayetteville, also being part of the Northeast Quarter of the Southeast Quarter of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point on the Easterly proposed right of way line of Arkansas State Highway 265, said point being 53.48 feet right of and on a radial line to Construction Centerline Station 39+55.00; thence North 89° 47' 23" East a distance of 11.52 feet to a point; thence South 00° 04' 45" East a distance of 35.30 feet to a point; thence North 89° 56' 52" West a distance of 12.52 feet to a point on the Easterly proposed right of way line of Arkansas State Highway 265; thence North 01° 32' 33" East along said proposed right of way line a distance of 35.26 feet to the point of beginning and containing 424 square feet more or less. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Jill Goddard, Engineering From: Heather Woodruff, City Clerk Date: October 11, 1999 Attached is a copy of the ordinance authorizing eminent domain for property located on Highway 265 and owned by Richard and Ethel Mayes. The original will be microfilmed and filed with the City Clerk. cc. Jerry Rose, City Attorney