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.
JUL Zd 'Y -J W:1 riut'MY HYU U-KLlbLL
r.t
John It (am Mwphy
A4a,shatt N. Ca,KUe
dole a IWC4c11 Ass adorn
Murphy and Carlisle
Attorneys at Law
16 East Spring
Fayettavife, Arkansas 72701
FACSIMILE TRANSMISSION COVER SHEET
DATE: 7 �)-99
FROM: JOHN WM. MURPHY
Attorney at Law
16 East Spring
Fayetteville, AR 72701
FAX NO:( ) 5%S_ /5
RE: t' ,, i vl/Mt fl1nr'Z n
pages follow. If you have any problems with the
transmission please call (501) 442-7572.
BY: , 1 Qri
TELEPHONE
A.C. 501.442-7572
A.C. 501.442.5491
FAX 501.
442.4121
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JUL-21-1999 22:24 ��y�00000000000000000000 (/ P�1'
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22 99 09:52 MURPHY AND CARLISLE
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FILED FOR RECORD
*97 JAN 22 ASSIGNMENT OF MORTGAGE AND NOTE Hn 8 Y8
• The undersigned. WASH1 the sum of 8 , Edward M.'Ma o NGiON C0
14 100, y in receipt derevoh is AR
(�r_!:hereby.acknow e , the of which is SS
F!assign.and'trans erg °es .ere y grant, bargain and sell and
to Karen Ph11
r representativea`:and:as'signs; a mortgageher heirs, personal
}...;j,executed to'him b. dated February 1, 1994,
Y.JerryLee Sciacca g the sum of
.. $ 20,000.OO:which is Recorded securing
{ the Record of Washington Count
in'Mortgage Record 94007668
: ..° mortgages shefollowin describedy; Arkansas, and which
g:.
Property, to -wit:
Lot -:Ten (10) in:Aumick'i.
Fayetteviile, Arkansas,flsdper'pl;to the City of
fi',le'in'the:office of � er,•plgt of said Addition on
R c�rder.?E WashingtontCountrcuit Clerk and Ex -Officio
y, Arkansas
And the undersig• ned eirther'assigns..and transfers to
,' ';iassigns, the.obli atzon heirs, personal :representatives and Karen Phillips
bate9 a Promissory eecured.,by:'.said mort age, the same
y note:in the amount 0ft20,000000
0000000
.,, of
�. even
' ' 'li: '' ' ' The undersigned said Mgned covenants that. he is the lawful owner and
assign.=and::aransferSaoetheaassigneenallh of it is
iii erect"'andestate: his intention to
note, :It.fs:furthers`and to the ::above-describedgmortgagette'
may be assie.:u ther.eed and:providedr and
said note. against'the undersigned basedeueonthat no recourse
Dated."thie..8th oP Januar P nonpayment of
Y, 1997•
STATE OF ARKANSAS)
nu 17
COUNTY OF^BENTON ) as
On this ..S�dey of Januar me, OnNthis Ofday y, 1997, Personally appeared before
release. for the Purposes Stated. haveing executed pthe eigoing
personally known -to me. , the same per n being
IT WITNESS WHEREOF, as such No ar
set my hand -and seal on the date and y ublic, have her
a a o written, unto
CdM??ISSION:EXPIR • 0 A
cy:5'�:� .: ;` /$^_•200/
a.
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JLL-21-1999 2226 00220 0000000020 00P.03
Project No, 9W44
Shih Street ROM of Way
Part Pprtel No. 705.024B91ID0
Tract No. 6
WARRANTY DEED
HUSBAND AND WIFE
(Wan ReWpuishmer4 of Cunesy end Dover)
BE IT KNOWN BY THESE PRESENTS:
THAT 1, Jerry Lee Sciacca, a single person, 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, do hereby grant,
bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, the following described land situated in the County of Washington, State of
Arkansas, to -wit:
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 corner of Lot 10; thence with the west
line of said Lot 10, North 02° 25' 48" East 155.47 feet, to the Point of Beginning; thence continuing with said
west line, North 02° 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 fine South 02° 2T 17" West 77.76 feet; thence North 77° 0128" 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.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantor, hereby covenant that they are lawfully seized of said lands
and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands
against all legal claims whatever.
And we, the respective Grantor, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands.
WITNESS the execution hereof on this day of 19_
Jerry L. Sciacca
ACKNOWLEDGMENT
STATE OF ARKANSAS
Ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public within
and for said County and State, personalty appeared Jerry Lee Sciacca, a single person, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he 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
MY COMMISSION EXPIRES:
19
Notary Public
WILLIAM R. MAYO
Attorney at Law
Licensed in Arkansae and Oklahoma
yc
225 North East Street
Box 1385
:Favetteville;.Arkaasas 72701
January 22, 1997
Phone(5011444r9323
Fez/Soj)4.4_9326
Ms. Karen.Phillips
i i '1634 :Mlssfoa :Blvd:
'≥'"`' ..'Bayetteville, AR 72701
_Dear Ms. Sciacca:
01•:;,Enclosed please find the orginal recorded Asslgnmeit of Mortgage
resulting.from'your Purchase o4 this mortgage from Ned Mayo.
• s `7G
Please call it you .have any question8.
slot erelY.::
ice
WLLIAM it: MAYO
wRtM:mm
Enclosure
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JUL-21-1999 22:25 00000000006660000006 P•02
OFFER AND ACCEPTANCE CONTRACT
The City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the
Buyer, offers to buy, subject to the terms and conditions set forth herein, the following
described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Seller agrees to enter into a Temporary Construction and Grading Easement with the City of
Fayetteville, the description of said Easement as shown in Exhibit "B" attached hereto. The
Temporary Construction and Grading Easement will terminate upon completion and
acceptance by the City of Fayetteville the project that extends Sixth Street from Wood Avenue
to Huntsville Road.
3. Seller agrees to enter into a Drainage Easement with the City of Fayetteville, the description
of said Easement as shown in Exhibit "C" attached hereto.
4. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property
referred to in Item #1 and the easements referred to in Items #2 and #3, at closing, the total
and cash payment of $46,565.00.
5. Contingent Earnest Money Deposit: The Buyer will, within two (2) weeks of receipt of this
contract, fully executed, tender a check for $1,000.00 to Jerry L. Sciacca, hereinafter referred
to as the Seller, as earnest money, which shall apply on the purchase price. This offer of
purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas,
and, if they do not so approve, the earnest money deposit will be returned to the Buyer by the
Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this
contract, the earnest money shall be promptly refunded to the Buyer. If the Buyer fails to fulfill
his obligations under this contract or after all conditions have been met, the Buyer fails to
close this transaction, the earnest money may, at the option of the Seller, become liquidated
damages to the Seller. Alternatively, the Seller may assert legal or equitable rights which it
may have because of breach of this contract.
6. Conveyance will be made to the Buyer by general Warranty Deed, Temporary Construction
and Grading Easement, and Drainage Easement, except they shall be subject to recorded
instruments and easements, if any, which do not materially affect the value of the property.
Such Warranty Deed conveyance shall include mineral rights owned by the Seller.
The Seller shall furnish a policy of title insurance on Item #1 in the amount of $44.900.00 from
a title insurance company as selected by the Buyer. Buyer and Seller shall share equally in
the cost of title insurance.
8. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property.
Seller agrees to cure any title problems which may result from any differences between the
recorded legal descriptions of the property and the survey description. Said title problems,
if any, must be solved prior to closing to the satisfaction of the Buyer.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 6
9. Taxes and special assessments due on or before closing shall be paid by the Seller.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall
be prorated as of closing. Buyer shall pay to Seller at closing that prorated portion of taxes
and assessments due for the tax year of purchase.
10. Seller shall, prior to closing, obtain a release from any mortgagor of the property described
in Item #1 above and provide Buyer with information from said mortgagor as to the required
distribution of proceeds from the sale hereof.
11. The closing date is designated to be thirty (30) days after approval of this offer by the City
Council of Fayetteville, Arkansas. If such date falls on a weekend or holiday, it will be held
the following working day. Seller and Buyer shall share equally in the closing fees if an
independent closing agent is retained for this purpose.
12. Possession of the property shall be delivered to the Buyer on the date of closing.
13. Seller hereby grants permission for the Buyer or its employees or designates to enter the
above described property and improvements for the purpose of inspection and/or surveying.
14. All fixtures, improvements and attached equipment associated with the property described in
Item #1 are included in the purchase price.
15. Risk of loss or damage to the property by fire or other casualty occurring up to the time of
closing is assumed by the Seller.
16. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual
knowledge. Results from the environmental assessment report by Grubbs, Hoskyn, Barton
& Wyatt, Inc., Consulting Engineers, dated February 1999, were that the soils at this property
(631 Huntsville Road, Fayetteville, Arkansas) are not contaminated above detectable limits
as a result of previous use of the property.
17. This agreement shall be governed by the laws of the State of Arkansas.
18. This agreement, when executed by both the Buyer and the Seller shall contain the entire
understanding and agreement of the parties with respect to the matters referred to herein and
shall supersede all price or contemporaneous agreements, representations and understanding
with respect to such matters, and no oral representations or statements shall be considered
a part hereof.
19. This contract expires, if not accepted by the Seller on or before the 18th day of June, 1999.
I \ Y
OFFER AND ACCEPTANCE CONTRACT
Page 3of6
20. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO
APPROVE WILL MAKE -ALL PORTIONS OF THIS OFFER NULL AND
VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER
OF THE $1,000.00 EARNEST MONEY DEPOSIT.
SELLER:
/rrySciacca
AGENT OR WITNESS:
BUYER:
City of Fayetteville, Arkansas,
a municipal corporation
Fred Hanna, ayor
Date:
Date:
Date:
Date: /0/74f
(SEAL)
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 6
EXHIBIT "A"
PROPERTY DESCRIPTION
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 02° 25' 48"
East 155.47 feet, to the Point of Beginning; thence continuing with said west line, North
02° 25' 48" East 134.56 feet; thence South 54° 55' 34" East 148.42 feet to the east
line of said Lot 10; thence with said east line South 02° 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.
SIGNED FOR IDENTIFICATION:
SELLER:
Jer L. Sciacca
•4,
OFFER AND ACCEPTANCE CONTRACT
Page 5 of 6
EXHIBIT "B"
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 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 77° 01' 28" East
127.09 feet, to the east line of Lot 10; thence with said east line, South 02° 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,
SIGNED FOR IDENTIFICATION:
SELLER:
J L. Sciacca
U II
OFFER AND ACCEPTANCE CONTRACT
Page 6 of 6
EXHIBIT "C"
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
870 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 770 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 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 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 87° 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.
SIGNED FOR IDENTIFICATION:
SELLS
J " L. Sclacca
Sboh Street Right of Way
Parcel No. 76502499000
Tra&'No. 6
DRAINAGE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE. Jerry Lee Sciacca, 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, do 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 excavate,
construct, maintain, repair and/or replace an earthen retaining levy, drainage tile area, open ditch, concrete channel and/or
concrete inlet box on, over, and through the following described land situated in the County of Washington, State of Arkansas,
to -wit:
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.
LESS AND EXCEPT: 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 02° 25' 48" East 155.47 feet, to the Point of Beginning;
thence continuing with said west line. North 02° 25' 48" East 134.56 feet; thence South 54° 55' 34" East
148.42 feet, to the east line of said Lot 10; thence with said east line South 02° 27' 17" West 77.76 feet;
thence North 77° 01 28" West 127.09 feel 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 Huntsville Road 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.
Ig�:i �f:P.L��Yii:F9� �L��Yi1�:lli1L•]:B
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° 2T 1T' East 115.05 feet, to a point on the proposed new south right of way line of Sixth Street; thence
with said South rightof way line, South 77° 0128" East 1526 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.
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 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 of Sixth Street thence with said South right of way line, North 77° 0128" West 20.34
feet thence South 02° 2717" West 98.76 feet thence North 87° 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.
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 this temporary construction and grading easement shall exclude any permanent
structure presently located within the above described temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, 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's to fully use and enjoy the said premises except for the purposes hereinbefore granted, to the said
Grantee, which hereby agrees to pay any damages which may arise to growing crops or fences from the above described
construction, maintenance and operation as determined by three disinterested persons. One of whom shall 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 drainage structures within the above described permanent
easement at anytime in the future and agrees to pay any damages as a result of such future construction as set out in this
easement.
DRAINAGE
Sciacca
Page2of2
' 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 covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of
Jerryy Lee Sciacca
ACKNOWLEDGMENT
STATE OF ARKANSAS
as.
COUNTY OF WASHINGTON
19_
BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public
within and for said County and State, personally appeared Jerry Lee Sciacca, to me well known as the person(s) who
executed the foregoing document, and who stated and acknowledged that he 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 , 19_
MY COMMISSION EXPIRES:
Notary Public
Seth Shed Right of Way
Pan Panel No. 76502499.=
?$ct No. 6
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT I, Jerry Lee Sciacca, a single person,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, do 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 temporary construction and grading easement on, over, and
through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes
necessary for the extension of Sixth Street, to -wit:
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-0flfdo Recorder of Washington County, Arkansas.
LESS AND EXCEPT: 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 corner
of Lot 10; thence with the west line of said Lot 10, North 02° 25 48" East 155.47 feet, to the Point of
Beginning; thence continuing with said west line, North 02° 2548" East 134.56 feet; thence South 54° 55'
34" East 148.42 feet, to the east line of said Lot 10; thence with said east line South 02° 27' 17" West
77.76 feet; thence North 77° 0128" 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; 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
77° 01' 28" East 127.09 feet, to the east line of Lot 10; thence with said east line. South 02° 27' 17" West
1526 feet thence North 77° 0128" West 127.08 feet to the west fine 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,
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 within said temporary construction and grading easement area.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress
to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth.
The consideration first above recited as being paid to the 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 easement on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of , 19_
Jerry Lee Sciacca
TEMPORARY CONSTRUCTION & GRADING EASEMENT
Sciacco
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 Jerry Lee Sciacca, to me well known as the person(s) who
executed the foregoing document, and who stated and acknowledged that he 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 , 19_
MY COMMISSION EXPIRES: Notary Public
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
September 20, 1999
Mr. Jerry L. Sciacca
201 W. Lafayette St.
Fayetteville, AR 72701
RE: Sixth Street Extension
Job No. 96044
Property Condemnation
Dear Jerry:
Since you have been unable to reach an agreement with your former wife relative to a
distribution and disbursement of the proceeds form the sale and easements associated with the
City's acquisition of parts of Lot # 10 of Aumick's Subdivision, the City must seek possession of
the property through the courts. The courts will then determine the distribution of the proceeds,
which will be deposited by the City with the court.
This item will be placed on the Fayetteville City Council meeting agenda for October 21,
1999. We consider this action to be a friendly condemnation since the City cannot interfere with
the distribution of proceeds, especially where liens on the property are concerned. Although it is
not necessary for you to attend this council meeting, you are aware that you will have to pursue
the recovery of your property compensation, as well as easement compensation, through the
courts. As noted in the attached letter of June 21, 1999, you have been paid $1,000.00 as -
earnest money on the purchase of the required land and easements. The remaining balance due
is $45,565.00.
If you have any questions, give me a call at 444-3415.
Sincerely,
onnell
City Land Agent
cc: Bill Murphy, Attorney Murphy & Carlisle
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
. FAYETTEVILLE '
THE CITY OF FAYETTEVILLE, ARKANSAS
June 21, 1999
Jerry L. Sciacca
201 W. Lafayette
Fayetteville, AR 72701
RE: Sixth Street Extension
Job No. 96044
Earnest Money
Dear Mr. Sciacca:
Enclosed please
find Check No.
249221
for $1,000.00 as the earnest money
deposit as per the Offer
and Acceptance
Contract
with
the
City of
Fayetteville.
This proposed purchase is
being
recommended to be
on the July 6, 1999, City
Council meeting agenda. We will
inform
you of a closing
date
after Council
approval.
If you have
any questions
or need additional information,
please feel free to call
either
Ed
Connell
at 444-3415
or
myself
at 444-3407. Thank
you
for your assistance.
Sincerely,
Jill S. Goddard
Land Agent
/jsg
Enclosure
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575.8257
I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: October 21, 1999
Attached is a copy of the ordinance condemning property owned by Jerry Sciacca. The original
will be microfilmed and filed with the City Clerk.
cc. LaGayle McCarty, City Attorney