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HomeMy WebLinkAboutOrdinance 4203 FILED FOR RECORD 000 FEB 2y an 10 10 WASHINGTON CO AR ORDINANCE NO. 4203 K• HARNESS AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN RIGHT OF WAY AND EASEMENTS OVER, UNDER AND ACROSS LAND LOCATED ON SYCAMORE STREET OWNED BY THE CHARLES G. PALMER TRUST, THE LINDA J. PALMER TRUST, THE RALPH FREEMAN TRUST, AND THE ARLIE FREEMAN TRUST FOR SYCAMORE STREET IMPROVEMENTS AT LEVERETT AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council authorizes and directs the city attorney of the City of Fayetteville, Arkansas, to initiate legal action in order to obtain right of way and easements, as described below, over, under and across land located on Sycamore Street owned by the Charles G. Palmer Trust, Linda J. Palmer Trust, the Ralph Freeman Trust, and the Arlie Freeman Trust for Sycamore Street Improvements at Leverett Avenue. See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 16th day of November , 1999. ��. APPROVED: a By:— Fred y: Fre Hanna, Mayor AT ByC ! � • ili v c Heather Woodruff, City Clerk/ 2000013726 ord . 4203 EXHIBIT A LEGAL DESCRIPTION Project: Sycamore Street Right of Way PartParcel No. 765- 13971 -000 Tract No. 5 Property Owners: Charles G. Palmer Inter Vivos Trust Linda J. Palmer Inter Vivos Trust Ralph Freeman Inter Vivos Trust Arlie Freeman Inter Vivos Trust Part of the Northwest Quarter (NW'/a) of the Northwest Quarter (NW'/.) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas, more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet; thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. 2000013727 �i@�P@Ii1n0i l�Of Vyaehlll7 n unf � ° 4 op He•RkIGI erti a ty, �r�Cansas, do hereto t: fy that this Instrumont t7a$ filed for record in my gifica @ inkfit„d Itoron and tho same Is now duly raCorda- with the c;$nowladq.xmant and certificate theroq'n 19 Racufd BEok and Paon aindioated thereon. IN WITNFS' WH�nw,, I have hereunto set my herd and @ffiy;,yt tho 50101 Old 901in Oft tha date indi- cetad �•w.,lo,tn '�mp� �"�-ud �wr t?nd E>:•otftajp ftc�rtez STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 16. 1999 FROM: ill d En ' rin Public Works ame rnston epartment ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain land located along Sycamore Street in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required right of way and easements for the Sycamore Street Improvements at Leverett Avenue. Such property is owned by the Charles G. Palmer Trust, the Linda J. Palmer Trust, the Ralph Freeman Trust, and the Arlie Freeman Trust (each with '''A interest). (Parcel No. 765- 13971 -000) COST TO CITY: $ 2.800 $ X92, &51 Sycamore Street-Leverett to Garland o tTiis Request Z ategory�rolect get Z�ategoryJlrgect ame 4470-9470-5809-00 0X32 rmvements Account Number s ISroeImo 97030-30 1-$ tomI g� AK CalZ•� = �+p Project Number emainmg Itance Fun BUD ET REV 3C Budgeted Item B et Ad'ustment Attached B6dget ooramator AdrunistratiVe Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: is —a eq eco ng toatl� ternu itorat1T e City ttDate a 1 ADA Coordinator Date I� Purchasing icer ate 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. �.• Oat 20 r 99 Di on a // Date Cross Reference 14) -z l New Item: Yes X _ No artment i r Date Prev Ord/Res #: Finiattve Services for Date �k Orig Contract Date: Mayor Date Page 2 STAFF REVIEW FORM Description Condemnation--Sycamore Street-Leverett to Garland Meeting Date November 16. 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: October 19, 1999 TO: Fayetteville City Council THRU : Fred Hanna, Mayor Charles Venable, Public Works Director Donald Bunn, Assistant Public Works Director Jim Beavers, City Engineer FROM: Jill Goddard, Land Agent SUBJECT: Sycamore Street - Leverett to Garland Project No. 97030 Charles G. Palmer Inter Vivos Trust, Linda J . Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, Arlie Freeman Inter Vivos Trust The City has been acquiring additional right of way and drainage easements for improvements at the Sycamore Street and Leverett Avenue intersection. There is one property without signed documentation (although verbally the owners are apparently not opposed). As the construction contract has already been awarded on this job, 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, the Palmers and the Freemans were offered $2, 100. 00 for the acquisition of a 10 foot wide strip of additional right of way ( 1400 square feet). This offer was originally mailed on July 8, 1999. (See attached case history. ) There have been several phone conversations regarding the drainage project (located within the existing right of way) and the additional right of way. There has been apparently some confusion as to existing right of way line, new right of way line, and location of back of curb. There have been several attempts to clarify this verbally, pictorially, and with staking. Mr. Freeman (primary contact with the property owners) did not show up for a meeting scheduled for October 13, 1999, with Kip Guthrie, Garver Engineers; nor was Mr. Freeman able to be contacted by phone. An independent appraisal was prepared by Mark Risk, of the Real Estate Consultants. This was received October 12, 1999. A revised offer is being presented to include an amount for landscape damages as a tree will have to be removed. New offer amount to be $2, 800.00. CASE HISTORY Palmer/Freeman Property Sycamore Street Improvements 7-6-99 Date of original offer letter. 7-8-99 Mailed packet with offer letter, drawings, and warranty deeds to Charles Palmer, Fort Smith. 7-19-99 Ralph Freeman called. He had questions regarding location of drainage ditch & pipe and back of curb—requested staking of right of way and back of curb. Garver Engineers contacted to do staking. 7-20-99 Side letter sent covering concerns stemming from phone conversation. 8-16-99 Reminder letter sent (no phone number on record). 8-19-99 Ralph Freeman called. Staking apparently not in place. Garver Engineers to stake on 8-20-99. Freeman to be in town in a couple of weeks. 8-24-99 Construction contract bid opening. (Awarded to Sweetser Construction. ) 9-16-99 Requested appraisal from the Real Estate Consultants. 10-1 -99 Notification letter sent (via certified mail). 10-7-99 Talked to Mark Risk, appraiser regarding specifics to the property. He noted that Arkansas Western Gas was working on the property. Inquired as to staking and Risk informed that there was none—apparently taken down by gas company to move their line. Talked to Ralph Freeman. He saw staking previously in place and was still confused as to location of right of way and back of curb. He and Kip Guthrie, of Garver Engineers, will coordinate to meet at property and stake back of curb and new right of way. Kip to answer questions and help clear confusion. They are to meet 10-13-99. 10-12-99 Received appraisal from the Real Estate Consultants. 10-15-99 Talked to Kip Guthrie. Freeman did not show up on 10-13-99. Guthrie never heard from Mr. Freeman nor could he get an answer at Freeman's number. Neither Garver nor the City has heard from Freeman since 10-7-99. 10-19-99 New offer presented based on appraisal. FAYETTE'VILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Notification of Council Meeting Dear Mr. Palmer: This letter is to inform you that an ordinance authorizing the City Attorney to seek possession of the area required for additional right of way from your property is being presented to City Council for first reading at their meeting on November 16, 1999, at 6: 30 p. m. , Room 219, City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. 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 right of way and 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 LEY SM 5746""%7 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G . Palmer Inter Vivos Trust, Linda J . Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust Go Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Revised Offer Letter Dear Mr. Palmer: 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 area required for right of way. The existing right of way is considered public property by prescription. (This 20 foot strip of existing right of way was acquired through Deed Ref. 8871744; however, not from all four parties. ) The City of Fayetteville hereby offers $2, 100.00 for the acquisition of additional right of way ( 1400 square feet), and $700.00 in landscape damages; making the total revised offer $2,800.00. Should you elect to accept this offer, the Warranty Deeds contained herein should be executed by all parties with current ownership interest in the particular property. As the ownership of this property is now divided between four trusts, there are four Warranty Deeds enclosed—each for one-fourth interest. The documents 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 documents if you will advise our office accordingly. Upon receipt of these documents, checks will be requested and each owner will be paid one-fourth of 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 compensationand the amount will be paid to you thereby disposing of the condemnation suit. 113 WEST MOUNTAIN 72701 501 521-7700 Mr. Charles Palmer, et al 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 Warranty Deeds. Reduced copies of the documents are included for your records. We can provide copies of the recorded documents upon your request and at the appropriate time. Please provide us with Tax Identification Numbers (Corporation) or Social Security Number for each trust so that checks can be written. Vendor Forms are 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. Please contact Jill Goddard at (501 ) 444-3407 , Ed Connell at 444-3415 or I can be reached at 575-8206. Sincerely yours, l m Beavers City Engineer JB/jsg Attachments FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Offer Letter #2 Dear Mr. Palmer: Upon further examination of the construction plans for the above mentioned project, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property (this letter is in addition to the Side Letter dated July 20, 1999): c Construction of the drainage project will necessitate the removal of a certain tree within the right of way. 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, at your discretion, to have a local nursery plant similar trees (2" diameter) as a substitute for the tree that will have to be removed (outside of the right of way): 1 - maple tree = 3 @ $150 = $ 450 Nursery installation 250 Total Proposed Compensation for Landscape Damages $ 700 If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501621-7700 - rw c 4 e7cooc7. APPRAISAL REPORT FOR CITY OF FAYETTEVILLE Limited Summary Appraisal Report PROJECT Sycamore Street Right of Way COUNTY Washington PARCELN 765-139714000 LOCATION 833 Sycamore Street R. of the NWI/4, NWl/4 Sm. 9-T16N-R31 W Fayetteville Outlets FEE OWNER Ralph Freeman ET UX CO-TR ET AL CtO Charles Palmer ADDRESS 4120 Rogers Avenue, Fort Smitb, AR ESTATE APPRAISED Fee Simple AREA OF WHOLE 4.42 acres AREA OF RESIDUAL 4.39 acres AREA OF PERMANENT ACQUISITION 11400 SF (Descriptions attached) ESTIMATED FAIR MARKET VALUE OF THE PROPERTY: Befom Land $243,000 Improvements $ 0+ Tout $243,000 After Land $240,500 Improvements $ Total $240.500 FAIR MARKET VALUE OF PERMANENT R-O-W & UTILITY ACQUISITION $ 29500 As of 7th day ofOcrober, /999 ALLOCATION OF F.M.V. OF TOTAL ACQUISITION R-O-W 1,400 SF Q S 1.26/SF = S 11764 Say $ 1,800 T.C.E None $ 0 Trees ( 1) Maple Tme $ 700 Improvements: None $D Total R-O-W. T.C.E., Trees, & Improvements $ 2,500 Damages or Benefits: $ 0 Total Compensation $ 2,500 ATTACHMENTS: X Certificate of Appraiser 4Cy 1 X Photographs Appraise E. }}22iisskk GAA NCG0202 X Site, Improvement. H&B Use Narrative X Legal Descriptions X Market Data Approach X Survey X Tae Assessment Card The appraiser has not determined the value of the existing subject improvements due to his opinion that they am not significantly affected by the partial taking. .. ... ��G ' CERTIFIED \No. CG02"v2J 'c'I'