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.
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and Ey.nfllaio AeovMor
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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.