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HomeMy WebLinkAboutOrdinance 4194 FILED FOR RECORD 000 FEB 24 fln 10 10 ORDINANCE NO. 4194 WASHINGTON CO AR M I C 14i0NiE$ AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN STREET RIGHT OF WAY AND PERMANENT AND TEMPORARY EASEMENTS OVER, UNDER AND ACROSS LAND OWNED BY JERRY L. SCIACCA, AND OTHER INTEREST PARTIES, FOR THE EXTENSION OF SIXTH STREET FROM WOOD AVENUE TO EAST HUNTSVILLE ROAD. 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 street right of way and permanent and temporary easements, as described below, over, under and across land located in Lot Ten ( 10) in Aumick's Addition to the City of Fayetteville, owned by Jerry L. Sciacca, and other interested parties, for the extension of Sixth Street from Wood Avenue to East Huntsville Road. See Exhibit "A" attached hereto and made a part hereof. -.r.vwPASSIED AND APPROVED this 19'h day of October , 1999. APPROVED: B y: "' " ' Fred Hanna, Mayor 4 By: Heather Woodruff, City rk 2000013733 t ord 4194 Exhibit "A" Property Owners: Jerry. L. Sciacca, and other interest parties RIGHT OF WAY TAKING A part of Lot Ten (10) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest comer of Lot 10; thence with the west line of said Lot 10, North 020 25 ' 48" East 155.47 feet, to the Point of Beginning; thence continuing with said west line, North 020 25 ' 48" East 134.56 feet; thence South 540 55 ' 34" East 148.42 feet to the east line of said Lot 10; thence with said east line South 020 27' 17" West 77.76 feet; thence North 77 ° 01 ' 28" West 127.09 feet, to the Point of Beginning and containing a total of 13,267 square feet (0.305 acre), including 3,594 square feet (0.083 acre) in existing right of way, more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous descriptions of this property. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION A temporary construction and grading easement fifteen (15) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest comer of Lot 10 of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 10, North 02° 25' 48" East 155 .47 feet, to a point on the proposed new south right of way of Sixth Street, said point also being the Point of Beginning; thence with said south right of way line, South 770 01 ' 28" East 127.09 feet, to the east line of Lot 10; thence with said east line, South 020 27' 17" West 15.26 feet; thence North 77° 01 ' 28" West 127.08 feet; to the west line of Lot 10; thence with said west line, North 02° 25' 48" East 15.26 feet, to the Point of Beginning and containing 1 ,907 square feet (0.044 acre), more or less, 2000013734 ord 4194 DRAINAGE EASEMENT DESCRIPTION Permanent Drainage Easement Description: A permanent drainage easement more particularly described as follows: Beginning at the Southwest comer of Lot 10; thence North 02° 25' 48" East 20.0 feet; thence South 87° 32' 43 " East 109.88 feet; thence North 02° 27' 17" East 115 .05 feet, to a point on the proposed new south right of way line of Sixth Street; thence with said South right of way line, South 77° 01 ' 28" East 15.26 feet, to the east line of Lot 10; thence with said east line South 02° 27' 17" West 132.26 feet; thence with the South line of said Lot 10, North 87° 32' 43" West 124.88 feet, to the Point of Beginning and containing 4,203 square feet (0.096 acre), more or less. Drainage Temporary Construction & Grading Easement Description: A temporary construction and grading easement twenty (20) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest comer of Lot 10; thence with the west line of said Lot 10, North 02° 25' 48" East 20.00 feet, to a point on the north line of the above described Permanent Drainage Easement, said point also being the Point of Beginning; thence with said north line South 870 32' 43" East 109.88 feet; thence North 020 27' 17" East 115 .05 feet, to a point on the proposed new South right of way of Sixth Street; thence with said South right of way line, North 77° 01 ' 28" West 20.34 feet; thence South 02° 27' 17" West 98.76 feet; thence North 870 32' 43" West 89.89 feet; thence South 02° 25' 48" West 20.00 feet, to the Point of Beginning and containing 4, 136 square feet (0.095 acre), more or less. 2000013735 Awarder Mamoes, Circuit Clark and Ex-ofnclo Awarder for Washington County, Arkansas, do hereby certify that this Instrument wes fllsd for record In my offlaa eo indicated hereon and the eama Is nvq rainy moordad with tho eekoowled;amsnt and cenllleaie thersan Ie Flecord Book and f'at;o se indlcstod Iharoon. ik WIM!VI} WHP21507, I hays n9(0{7n!9 art my hang and afllxi:o Ltia seal of eafd Coun an the data Indi- catdd hermn. ncthln n 14amags and Ey.nfllaio AeovMor r r r r STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW 19 For the Fayetteville City Council meeting of October )Q, 1999 FROM: Ed Connell Arw , Eneineering li rk ame sivl artment ACTION REQUIRED: Approval of an ordinance authorizing the City Attorney to seek court ordered possession of certain lands (0.22 acre) and easement from property owned by Jerry L. Sciacca in association with the extension of 6th St. to Huntsville Road. Compensation of$46,565 .00 for the acquisition has been agreed upon and approved by City Council with Resolution 85-99. It is the intent of the City to let the courts settle a dispute on the distribution of funds between the property owner and certain lien holder(s). COST TO CITY: 00 00 $ 36516 Sixth Street Extension to E. Huntsville Road ost o equ'�F esti category�jec�et ategZ ory/lroject Name ALM nt4 -58009-00 um un�0o ate Program Name 96044-30 $ 25188 00 Sales Tax CIP jeer um Remaining a—$Tce Fun BUDGET REVIEW: X_ Budgeted It Budget Adjustment Attached Budget oo mator ltatfyc for CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 9 X0 -9 Accor a2er Date Internal Auditor Date 71, �' Z nIom ate Coordinator at1 t r - 0 -99 Pmhasmg C411cer ate STAFF RECOMMENDATION: Staff recommends approval of this ordinance so that possession of this property can be implemented. Efforts to resolve the dispute between property owner and lien holder or judgements have resulted in little or no success. lafive 6s6LON�tectot Cross ReferenceNew Item: Yes a No atmPrev Ord/Res #: ate �+ ay r Orig Contract Date: ate Page 2 STAFF REVIEW FORM Description Sciacca ErgWM Condemnation--Sixth Street Extension to East Huntsville Road Meeting Date: Oct.. 18. 1999 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor RESOLUTION NO. 85 - 99 A RESOLUTION AUTHORIZING STAFF TO PURCHASE 0.22 ACRES, INCLUDING IMPROVEMENTS (OLD SERVICE STATION) FROM PROPERTY OWNER, JERRY SCIACCA, IN THE AMOUNT OF $46,565, PLUS CLOSING COSTS, FOR THE EXTENSION OF SIXTH STREET FROM WOOD AVENUE TO EAST HUNTSVILLE ROAD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby authorizes staff to purchase 0.22 acres, including improvements (old service station) from property owner, Jerry Sciacca, in the amount of $46,565 , plus closing costs, for the extension of Sixth Street from Wood Avenue to East Huntsville Road. A copy of the legal description is attached hereto marked Exhibit "A" and made a part hereof. PASSED ,AND APPROVED this S7_ day of July , 1999. APPROVED: By 1i Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City erk FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: September 21 , 1999 TO: Fayetteville City Council THRU: Fred Hanna, Mayor Charles Venable, Public Works Director Jim Beavers, City Engineer FROM: Ed Connell, City Land Agent RE: Sixth Street Extension from Wood to Huntsville Property of Jerry L. Sciacca Pt. of Lot #10, Aumick's Addition Possession thru Power of Eminent Domain The City of Fayetteville is planning the extension of Sixth Street, from Wood Avenue to Huntsville Road. As part of this project, a sizeable portion of the land owned by Mr. Sciacca is required for street right of way, as well as other lands required for permanent and temporary drainage easements. Mr. Sciacca and the City have reached a mutual agreement on the monetary compensation to be made for this acquisition. However, certain encumbrances on the title for this property prohibits the sale of any portion without certain releases from the parties involved. Mr. Sciacca and the other parties have been unable to reach an agreement on the repayment of such encumbrances; thus it is necessary for the City to seek possession of the lands through the courts and let the courts settle the matter between Mr. Sciacca and his lien holders. The City Council approved the purchase of this property with Resolution No. 85-99 of July 6, 1999. This purchase consisted of the following categories: Building & Paved Parking Area $ 31 ,600 Additional Right of Way 9,700 Damages to Remaining Property 31600 Permanent Drainage Easement 13050 Temporary Construction Easements 615 TOTAL $ 46,565 Earnest Money paid to Sciacca $ 11000 AMOUNT TO BE DEPOSITED WITH COURT $ 45,565 1. :Y r . . � � � . • � �i ) . � Fayetteville City Council September 1 , 1999 Sciacca Page 2 The following addresses are applicable to this acquisition: Jerry L. Sciacca 210 West Lafayette St. Fayetteville, AR 72701 Mobile: 466-8838 Attorney for lien holder; John Wm. (Bill) Murphy Attorney at Law 16 East Spring St. Fayetteville, AR 72701 442-7572 State of Arkansas Dept. of Human Services Child Support Enforcement All parties, or their representatives, in this transaction have been notified by phone of this course of action and have agreed (some reluctantly) to the approach. Staff needs the passage of an ordinance which directs the City Attorney to seek possession of the lands through the courts. Unless some controversy were to develop, all three readings should be considered at the earliest possible date. Fayetteville City Council September 1 , 1999 Sciacca Page 3 PROPERTY DESCRIPTIONS 1 . TOTAL PROPERTY: Parcel No. 765-02499-000 Lot Ten ( 10) in Aumick's Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit clerk and Ex-Officio Recorder of Washington County, Arkansas. 2. FEE SIMPLE LAND ACQUISITION DESCRIPTION: A part of Lot Ten ( 10) of Aumiok's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest comer of Lot 10; thence with the west line of said Lot 10, North 020 25' 48" East 155.47 feet, to the Point of Beginning; thence continuing with said west line, North 020 25' 48" East 134.56 feet; thence South 540 55' 34" East 148.42 feet to the east line of said Lot 10; thence with said east line South 020 27 ' 17" West 77.76 feet; thence North 770 01 ' 28" West 127.09 feet, to the Point of Beginning and containing a total of 13,267 square feet (0.305 acre), including 3,594 square feet (0.083 acre) in existing right of way, more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous descriptions of this property. 3. ROADWAY TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION A temporary construction and grading easement fifteen (15) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest corner of Lot 10 of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 10, North 020 25' 48" East 155.47 feet, to a point on the proposed new south right of way of Sixth Street, said point also being the Point of Beginning; thence with said south right of way line, South 770 01 ' 28" East 127.09 feet, to the east line of Lot 10; thence with said east line, South 020 27' 17" West 15.26 feet; thence North 770 01 ' 28" West 127.08 feet; to the west line of Lot 10; thence with said west line, North 020 25' 48" East 15.26 feet, to the Point of Beginning and containing 1 , 907 square feet (0.044 acre), more or less, 4. PERMANENT DRAINAGE EASEMENT DESCRIPTION A permanent drainage easement more particularly described as follows: Beginning at the Southwest corner of Lot 10; thence North 020 25' 48" East 20.0 feet; thence South 870 32' 43" East 109.88 feet; thence North 020 27' 17" East 115.05 feet, to a point on the proposed new south right of way line of Sixth Street; thence with said South right of way line, South 77° 01 ' 28" East 15.26 feet, to the east line of Lot 10; thence with said east line South 020 27' 17" West 132.26 feet; thence with the South line of said Lot 101 North 870 32' 43" West 124.88 feet, to the Point of Beginning and containing 4,203 square feet (0.096 acre), more or less. Fayetteville City Council September 1 , 1999 Sciacca Page 4 5. DRAINAGE TEMPORARY CONSTRUCTION & GRADING EASEMENT DESCRIPTION A temporary construction and grading easement twenty (20) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest corner of Lot 10; thence with the west line of said Lot 10, North 020 25' 48" East 20.00 feet, to a point on the north line of the above described Permanent Drainage Easement, said point also being the Point of Beginning; thence with said north line South 87° 32' 43" East 109.88 feet; thence North 020 27' 17" East 115.05 feet, to a point on the proposed new South right of way of Sixth Street; thence with said South right of way line, North 770 01 ' 28" West 20.34 feet; thence South 020 27' 17" West 98.76 feet; thence North 870 32' 43" West 89.89 feet; thence South 020 25' 48" West 20.00 feet, to the Point of Beginning and containing 4, 136 square feet (0.095 acre), more or less.