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
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raCorda- with the c;$nowladq.xmant and certificate
theroq'n 19 Racufd BEok and Paon aindioated thereon.
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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.
.. ...
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' CERTIFIED
\No. CG02"v2J
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