HomeMy WebLinkAboutOrdinance 4206 FILED FOR RECORD
100 FEB 29 flM 10 10
WASHINGTON CO AR
ORDINANCE NO. 4206
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
AND TEMPORARY EASEMENTS OVER, UNDER AND
ACROSS LAND LOCATED ALONG HIGHWAY 265 OWNED
BY B. J. WHITE FOR THE HIGHWAY 265 WATER AND
SEWER RELOCATIONS.
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 permanent and temporary
casements, as described below, over, under and across land located on Highway 265 owned by B.J.
White for the Highway 265 water and sewer relocations:
See Exhibit "A" attached hereto and made a part hereof.
�a �ND APPROVED this 21sL day of December, 1999.
APPROVED:
A /,wI
By:
ls� CCV� Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Cler
2000013724
ord . 4206
Exhibit "A"
Property Owners:
B.J. White
Property Description:
Part of the Southeast Quarter (SEI /4) of the Northeast Quarter (NEI/4) of the
Section Fourteen (14) in Township Sixteen ( 16) North of Range Thirty (30) West,
described as follows, to-wit: Beginning at a point 500 feet North and 82 feet East
of the Southwest comer of said forty acre tract, and running thence East 300 feet,
thence North 100 feet, thence West 300 feet, thence South 100 feet to the point of
beginning.
LESS AND EXCEPT: that portion conveyed to the Arkansas State Highway
Commission under Job No. 004999 as road right of way in Deed Reference 98-
091218 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington
County, Arkansas, containing 0. 12 acre, more or less.
Permanent Easement Description:
A twenty-five (25) foot permanent easement of equal and uniform width located
along the East side of the Arkansas Highway Right of Way line as referenced by
State Highway Commission Job No. 004999. This easement is more particularly
described as beginning at the Grantor's South property line and extending North
100 feet, more or less, to the Grantors' North property line, containing 2,510 square
feet (0.06 acre), more or less.
The bearings used in the above description are referenced from bearings developed
by the Arkansas State Highway Commission for the Highway Project No. 004999
Right of Way Plans and will be different than the bearing system previously used
in describing the Owner's property.
Temporary Construction and Grading Easement Description:
A temporary construction and grading easement twenty (20) feet in width being
parallel with and contiguous to the above described permanent easement and
situated on the east side thereof. This temporary construction and grading easement
contains 2,008 square feet (0.05 acre), more or less.
2000013725
It( 12NItI1„rru flawNyq8, n ra�;fl �+r?+ri v4a tz-oh1clR
Pnia that
ter to Int.trum n �cunty, Arkansas, do hereby
4"" �fY That ffi!o Incirumont wa8 hod for record in my
P61ce as indlpatod hartion -no the same Is now duly
'e �pfl th 111 RockondlPdpam7nt and certificate
o@n as indigated thereon.
IN WITNEas NPri�rjR;TG,
cat3d hereon. I have hereunto set my
hand and affixed thee osi Or Wit Cohr1 on the date indl.
+;n;ni.: r+ Itgm.eep
-4caf t .; G:F. af:d Caaelyo klomrdor
Permanent Easemerl•crip- •
STATE OF ARKANSAS RECEIVE
ORDINANCE N0. 4206 tion:
AN ORDINANCE AUTHORIZ. A twenty-five (25) foot perms- JAN 0 6 2000
ING EMINENT DOMAIN PRO- nent easement of equal and SS.
FOR THE CITY TO uniform width located along the County of Washington
OBTAIN PERMANENT AND ACCTG, DEP
OBTAIN P
TEMPORARY EASEMENTS East side of the Arkansas High-
way Right of Way line as refer- , 11 JEFF JEFFUS herebycertify that I am the publisher of THE
OVER, UNDER AND ACROSS enced by State Highway Com- r y
LAND . LOCATED ALONG mission Job No. 004999. This NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
HIGHWAY 2 O OWNED BY easement is more particularly mailing privilege, and being not less than four pages Of five columns each,
B.J. WHITE T R THE HIGH- 9 P g g P 9
WAY LO WATER AND SEW- Grantor's
as beginning at the published at a fixed lace of business and at fixed (daily) intervals
ER RELOCATIONS. Grantor's South property line P P
and extending North 100 feel, continuously in the City of Fayetteville, County of Washington, Arkansas for
more or less, to the Grantor's
Cr IT ORDAINED BY THE TY North property line, containing
OF FAYETTEVILLE, ARKAN• more than a period of twelve months, circulated and distributed from an
COUNCIL of THE N- 2 510 square feet (0.006 acre), established place of business to subscribers and readers generally of all
OF more or less. classes In the CI and County for a definite rice for each co
sns: City ty p ply, or a fixed
Section 1. That the City Council The bearings used in the above price per annum, which price was fixed at what is considered the value of the
authorizes and directs the city description are referenced from publication, based upon the news value and service value it contains, that at
attorney of the city of Fayette- bearings developed by the Ar-
kansas State Highway Com- least fifty percent of the subscribers thereto have paid for their subscriptions
ville, Arkansas, to initiate legal mission for the Highway Project to the newspaper or its agents or through recognized news dealers over a
action in order to obtain perms- No 004999 Right of Way Plans 9 g g
nent and temporary easements, period of at least six months and that the said newspaper ublishes an
as described below, over, un- and will be different than the PP
as
across land located on bearing, system previously used average of more than forty percent news matter.
derHighway 265 owned by B.J. in describing the Owners prop-
White for the Highway 265 wa- arty. I further cert) that t e legal notice attached in the matter o
termnd sewer relocations: Temporary Construction and
See Exhibit *A' attached hereto Grading Easement Description: ew OL we: �
and made a part hereof. A temporary construction and /
PASSED AND APPROVED grading easement twenty (20) published in the regular daily issue of said newspaper for
this 21st day of December, feet in width being parallel with was P g Y IpaP
1999 the contiguous to the above de- consecutive insertions as follows:
scribed permanent easement
APPROVED: and situated on the east side The
By: Fred Hanna, Mayor thereof. This temporary con- The first insertion On the day Of ��W-`�
struction and grading easement
ATTEST: contains 2,008 square feet
By: Heather Woodruff, City
(0.05 acre), more or less. the second insertion on the day of 19 —
Clerk
the third insertion on the day of 19 —
Exhibit 'A'
lly
Property Owners: the fourth insertion on the 9r—
B.J. White
Property Description: IishedGeneral Manager
Part of the Southeast Quarter
(Sl of the Northeast Quar- Sworn to and subscribed before me on this day of
ter (NE1/4) of the Section Four-
teen (14) in Township Sixteen �O
(16) North of Range Thirty (30)
West, described as follows, to-
wit: Beginning at a point 500
feet North and 82 feet East of
the Southwest corner of said )w Catherino Sall .Notary Public
forty acre tract, and running )t Notary Public, State 0f Atkansas �C
thence. East300 feet, thence ), !,
North 100 feet, thence West My Commission Expires:
300 feet, thence South 100 feet ri My Commission Expires 02127AM I<
to the point of beginning. J(c(ccuc<cKc<cccccc<ccccccccccfcw .
LESS AND EXCEPT: that por- Fees for Printing.......................................................$
tion conveyed to the Arkansas
Slate Highway Commission un-
der Job No. 004999 as road Cost of Proof.............................................................$
right of way in Deed Reference
98-091218 of the Office of the ,
Circuit Clerk and Ex-officio Re- Total..........................................................................$
corder of Washington County.
Arkansas, containing 0.12 acre,
more or less. -
r
FAYETTEVILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: January 5, 2000
Attached is a copy of the ordinance authorizing eminent domain proceeding for the property
owned by B.J. White for property located along Highway 265. The original will be microfilmed
and filed with the City Clerk.
cc: Tim Conklin, City Planner
STAFF REVIEW FORM
X AGENDA REQUEST °2 D
_ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of December 21 , 1999
FROM:
Jill GoddardEneineerinp Public Works
ame Drviston Deoartmenr
ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain lands located along
Highway 265 in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required easements for
the Highway 265 Water and Sewer Relocations. Such property is owned by B. J. White (Parcel No. 765- 14286-000) .
COST TO CITY:
$ 1 .400.00 $ 3 .999.559 ahghwma _265 - W/S Relocations
ost o this
Request ategject Bu g� et category/ProjectName
5400-5600-5808-00 $ 2 , 167
, 7 8 7 Water & Sewer Improvements
Account um er un s sed fo ate Program ame
97043-30 $ 1 , 931 , 772 ( t ) cn CA
Project Project umber Rematntng Balance and
BUDG � X Budgeted Itemget Adjusment Attached
Budget (Ad*mira ervtces Directr
CONTRACT/GRANT/LEASE REVIEW: XRAING AGE CY.
Aa -13 9� -�3 -yqAc min ger Date Au [tor Date
AIL
Cy y Att ey Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION: Have been unable to reach agreement with property owners for reasonsas 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.
/ 3- g 9
airtment
Head Date Cross Reference
New Item: Yes X No
Di ' or Date
Prev Ord/Res #:
Ad ntst ve ery [rector Date
Orig Contract Date:
Ma r atm
Page 2
STAFF REVIEW FORM
Description Condemnations--Highway 265 - Water/Sewer Relocations Meeting Date December 21 , 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEV?LLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE : December 10, 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 6ev�:-)
SUBJECT: Highway 265 Water/Sewer Relocations
Phase I
Project No. 97043
B. J . White/Bob & Kathy McDaniel (Parcel No. 765- 14286-000)
The City has been acquiring easements along Highway 16 and Highway 265 for water and sewer
relocations to be constructed prior to the Highway Department widening of Highway 265.
There is one property yet to grant an easement across which a sewer needs to be relocated . Given the
extremely short time frame in which to do these relocations , 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, this sewer line was to terminate at the southwest corner of the Wilson property (immediately
north of Deerpath Drive). However, it was discovered that the existing sewer extends north to two other
properties and although these properties were not connected to the sewer system, service needs to
continue to be provided . As there is not enough room in the right of way to place the sewer line, a
twenty-five foot wide easement adjacent to the new east right of way line is needed .
As to the White/McDaniel property, there is some dispute as to ownership. In August 1999, the
McDaniels quit claimed the property to Mr. White with the verbal agreement that he was to quit claim it
back after certain conditions were met. County records list Mr. White as being the owner. There is no
quit claim deed to the McDaniels on record , although they have a redemption deed for paying back taxes
on the property which was filed in early September 1999. As of mid-November, telephone contact with
the McDaniels was discontinued and mail is undeliverable. Packet was mailed to Mr. White , but have
been unable to contact him by phone.
An independent appraisal was requested from Mark Risk, The Real Estate Consultants, to determine
land value. The original offer amount was based on appraisal information prepared by the Highway
Department for their right of way acquisition. The appraisal was received December 10, 1999. A revised
offer will be mailed to Mr. White on December 13 , 1999, along with notification of the council meeting .
HIGHWAY 265 WATER/SEWER RELOCATIONS
CASE HISTORY
B . J . White(Bob & Kathy McDaniel)
Parcel No. 765-14286-000
Oct. 25, 1999 Determined by engineers that sewer line could not end with manhole
in southwest corner of Wilson property. Existing sewer line extends
north across White/McDaniel property. Although city sewer service
was not used by property in past, service needs to continue to be
provided . Residents have indicated they now want sewer service.
Nov. 4 , 1999 Packet prepared containing offer letter, side letter, drawings, and
easement document.
Nov. 5-16, 1999 Numerous attempts to contact White and/or the McDaniels made.
Nov. 16 , 1999 Holly Jones, contractual representative for the City contacted the
McDaniels. Aug . 1999 Quit Claim Deed to B. J . White from Bob &
Kathy McDaniel. County considers White owner. McDaniels insist
they own property (they have redemption deed dated Sept. 1999 for
paying back taxes), but White has yet to quit claim property back to
them (as promised ). We have no phone number or mailing address
for B. J . White. May have to take through courts to acquire easement.
Nov. 17 , 1999 Appraisal requested from Mark Risk, the Real Estate Consultants to
prepare for the possibility of condemnation .
Nov. 17-23, 1999 Numerous messages left for McDaniels. Messages left for B. J . White
in Pea Ridge (but unsure if this is same person we're looking for).
Nov. 24, 1999 McDaniels' phone number has changed and is now unlisted .
Nov. 29, 1999 Mailed packet to B.J . White at 156 N . Crossover.
Dec. 1 , 1999 Packet returned as undeliverable .
Dec. 1 , 1999 Packet mailed to B . J . White at Pea Ridge address. Message left on
his answering machine. (Think this is right person--he is a house
mover and the McDaniels had a house moved onto this property. )
Dec. 10, 1999 Received appraisal from Mark Risk.
Dec. 13 , 1999 Sent (via certified mail ) notification of council meeting set for
December 21 , 1999 , to B . J . White , Pea Ridge.
Sent revised offer letter and packet to B . J . White .
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
PROJECT Highway 265 Water/Sewer Relocation (Job No. 97093)
COUNTY Washington
PARCEL # 765-14286-000
LOCATION 156 N. Crossover Rd., Fayetteville, AR (FT SE/4 NE14 0.57 A 14-16-30)
FEE OWNER BJ White/ Bob and Kathy McDaniel
ADDRESS 156 N. Crossover R&, Fayetteville, AR 72701
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 0.57 acres AREA OF RESIDUAL 0.51 acres
AREA OF PERMANENT ACQUISITION 2,510 Sq. Ft. or .06 acre
(Desaiptions attached)
Permanent Utility Easement 2,510 Sq. Ft.
Temporary Construction and Grading Easement 2,008 Sq. Ft.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land S 17 ,000
Improvements $ 0•
Total S17,000
After
Land $ 16,650
Improvements $ 0•
Total 16.65
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION S 350
As of 8th day of December, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
UtilityEasement 2,510 SF @ S.69/SF x 0.20 = $ 347 Say S 350
T.C.E.'• 2,008SF@S.69/SFx0.10 = $ 137 Say $ 150
Trees (3) Trees (a) 5300/each = $ 900 Say S 900
Improvements: None $ 0
Total R-&W, T.C.E., Trees, & Improvements $ 19400
Damages or Benefits:
Total Compensation $ 1,400
Say 51,400
ATTACHMENTS: /
X Certificate of Appraiser
X Phonographs icer E. ' 16y! 02
X Site, Improvement, H&B Use Narrative c"s��s Fttc RTIFl
X Legal Descriptions o•. ,n..............4�t;�
X Market Data Approach :c '' STf7E
X Survey =` ` ! CERTIFIED t o = !
X Tax Assessment Card = _
i GENERA,,Lrr� i a
• The appraise has not determined the value of the existing subject improvemmts?Jua (b�i'i� rQWT tli'at t y
are not significantly affected by the partial taking. '.��� /y",._,_..•-�y�f-a
'• Permanent Utility Easement Value is based upon 200/6 of the fee simple land valuiv"_gl,
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land valP15 iod t mm
100/6 to reflect a fab return plus a prenium for inconvenience.
FAYET SEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
December 10, 1999
VIA CERTIFIED MAIL
B . J . White
14487 It'll Do Road
Pea Ridge , AR 72751
RE : Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 1X
Notification of Council Meeting
Dear Mr. White:
This letter is to inform you that an ordinance authorizing the City Attorney to seek
possession of the areas required for the water/sewer easements across the property at
156 N . Crossover is being presented to the City Council for first reading at their meeting
on December 21 , 1999 , at 6: 30 p .m. , Room 219, City Hall , 113 W. Mountain Street,
Fayetteville, Arkansas.
Numerous attempts have been made to contact you and/or Bob and Kathy McDaniel
over the last month . As of this date, we have not received a signed easement document
for the property at 156 N . Crossover. We urge you to address this matter at your earliest
convenience as the City has a very limited time frame in which to relocate utilities.
However, we need information from you to ensure that the proper parties convey the
easement.
Because of the ownership cloud upon the title of this property, the City of
Fayetteville requested an independent appraisal , the first step before obtaining possession
through the courts. However, please keep in mind that condemnation proceedings can be
stopped at any time if matters are clarified and 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 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
FAV 5111 SSS Q947
FAYETTEV LLE �
THE CITY OF FAYETTEVILLE, ARKANSAS
December 10, 1999
B . J . White
156 N . Crossover
Fayetteville , AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 1X
Revised Offer Letter
Dear Mr. White:
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 areas required for permanent and temporary easements. The City of
Fayetteville hereby offers $350.00 for the conveyance of rights associated with the Permanent
Easement (2 ,510 square feet), $150.00 as rental of the lands associated with the Temporary
Construction Easement (2,008 square feet), and $900.00 in landscape damages; making the total
offer amount $ 1 ,400 .00. The temporary construction easement will terminate upon completion
and acceptance of the project by the City.
Should you elect to accept this offer, the Water/Sewer Easement (which contains both the
Permanent and Temporary Construction Easements) contained herein should be executed by all
parties with current ownership interest in the particular property. The document 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 document if you will advise our office accordingly. Upon receipt
of this document, a check will be requested and you will be paid 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
compensation and the amount will be paid to you thereby disposing of the condemnation suit.
113 WEST MOUNTAIN 72701 501521-7700
cnv s 1 tea A99;7