HomeMy WebLinkAboutOrdinance 4218 FILED FOR RECORD
100 FEB 29 Aft 10 11
4�ASIiINCTON CO AR
ORDINANCE NO. 4218 If . IiARNESS
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
AND TEMPORARY EASEMENTS OVER, UNDER AND
ACROSS LANDS LOCATED ALONG HIGHWAY 265 OWNED
BY THE DE PALMA REVOCABLE TRUST; JEANE AND
DAVID RANDLE; AND TIMOTHY C. AND CHRISTINE
KLINGER, 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
easements, as described below, over, under and across land located on Highway 265 owned by the
De Palma Revocable Trust, Anthony T. De Palma, Trustee, (Parcel No. 765- 14215-000); Jeane and
David Randle, husband and wife, (Parcel No. 765-05032-000); and Timothy C. and Christine
linger, husband and wife, (Parcel No. 765- 13321 -001 ), for the Highway 265 water and sewer
relocations :
See Exhibit "A" attached hereto and made a part hereof.
. F AND APPROVED this I" day of February , 2000.
#t`'f? * • ^r' Viii APPROVE
V-;rF.�st ���
B
Y
' . red Hanna, Mayor
AT >"3 0
By:
Heather Woodruff, City Cler
2000013708
• Ord . 4218
•
EXHIBIT A
EXHIBIT "A"
Anthony T. De Palma, Trustee of the De Palma Revocable Trust: K
PROPERTY DESCRIPTION:
The Southwest Quarter (S W'/4) of the Southeast Quarter (SE'/4) and the Southeast Quarter
(SE'/4) of the Southwest Quarter (SW'/4) of Section Eleven (11 ) in Township Sixteen ( 16)
North, Range Thirty (30) West of the 5th P.M., containing eighty (80) acres, more or less.
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- 106942 of the Office of
the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, containing
0. 18 acre, more or less.
PERMANENT EASEMENT DESCRIPTION:
A permanent easement of variable width along the West side of the Arkansas 265 West
Right of Way line as referenced by State Highway Commission Job No. 004999. This
easement is more particularly described as beginning at the Southeast comer of the
Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of Section 11 , Township 16
North, Range 30 West, thence along the South line of said SW'/4 of the SE'/4 South 85' 44'
15" West 15.00 feet; thence leaving the South line North 04° 30' 40" West 148.84 feet to
a point on the West Right of Way line of Arkansas Highway 265; thence along said West
Right of Way line South 14° 4113 1 " East 84.86 feet to a point on the East line of the SW'/4
of the SE'/4 of said Section 11 ; thence along said East line South 04° 30 40" East 65 .38 feet
to the point of beginning, containing 1 ,607 square feet (0.04 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 West
side thereof. This temporary construction and grading easement contains 3,255 square feet
(0.07 acre), more or less,
M
X
2000013739
. • Ord . 4218
� Exhibit A EXHIBIT A
Page 2
Jeane Randle, being the one and the same person as Jean Randle, as shown in a warranty
deed tiled for record in the records of Washington County, Arkansas, on January 26, 1966,
in Book 671, at Page 41 , and David Randle, her husband:
PROPERTY DESCRIPTION:
Lot Six (6) in Block Three (3) in Eastwood Subdivision to the City of Fayetteville,
Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas.
LESS AND EXCEPT that portion conveyed to the Arkansas State Highway Commission
under Job No. 004999 as road right of way in Deed Reference 99-013090 of the Office of
the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, containing
7,666 square feet, more or less.
PERMANENT EASEMENT DESCRIPTION:
A fifteen (15) foot permanent easement of equal and uniform width located along the West
side of the Arkansas Highway 265 West 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 217 feet, more or less, to the
Grantor's North property line, containing 3,261 square feet (0.07 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 ten ( 10) feet in width being parallel with
and contiguous to the above described permanent easement and situated on the West side
thereof. This temporary construction and grading easement contains 2, 177 square feet
(0.05 acre), more or less,
M
X
2000013740
• Ord . 4218
•
Exhibit A EXHIBIT A
Page
Timothy C. Klinger and Christine Klinger, husband and wife:
PROPERTY DESCRIPTION:
Part of the Northwest Quarter (NW'/4) of the Southwest Quarter (S W'/4) of Section One ( 1 )
in Township Sixteen North ( 16N) of Range 30 West (30W), described as follows:
Beginning five hundred four (504) feet North of the Southwest (SW) comer of said forty
acre tract, and running, thence North eight hundred sixteen (816) feet; thence East two
hundred three and twenty-five hundredths (203 .25) feet; thence South eight hundred sixteen
(816) feet; thence West two hundred three and twenty-five hundredths (203 .25) feet to the
place of beginning, containing three and eight-one hundredths (3.81 ) acres, more or less.
ALSO: A part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4) of Section
Two (2), Township Sixteen North ( 16N), Range Thirty West (30W), being more
particularly described as follows: Beginning at the Northeast (NE) comer of said forty (40)
acres tract; thence West (W) 33.20 feet to the East (E) Right-of-Way of State Highway 265,
said point being an iron at the Southwest (SW) corner of the Crossroads East Subdivision;
thence South (S) 816 feet, thence East (E) 33.20 feet, thence North (N) 816 feet to the point
of beginning, containing 0.62 acres, more or less.
LESS AND EXCEPT that portion within the Northwest Quarter (NW'/4) of the Southwest
Quarter (SW'/4) of Section 1 and within the Northeast Quarter (NE'/4) of the Southeast
Quarter (SE'/4) of Section 2, Township 16 North, Range 30 West, Washington County,
Arkansas, and described in CN Case No. 99-519 of the Office of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas, containing 0.26 acre, more or less.
Also described in Exhibit "A" attached hereto and made a part hereof.
PERMANENT EASEMENT DESCRIPTION:
A fifteen ( 15) foot permanent easement of equal and uniform width located along the North
side of an existing 15 foot wide utility easement as recorded in Deed Book 1277 at Page
375 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas. This permanent easement is more particularly described as beginning at the
Grantor's East property line and extending West 197 feet, more or less, to the East line of
an existing 25 foot utility easement recorded in Deed Book 950 at Page 176 in the Office
of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, containing
2,961 square feet (0.07 acre), more or less. M
X
The bearings used in the above description are referenced from bearings developed by the M
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 W
Owner's property.
200001 3741
. • • Ord . 4218
EXHIBIT A
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction and grading easement fifteen ( 15) feet in width being parallel
with and contiguous to the above described permanent easement and situated on the North
side thereof. This temporary construction and grading easement contains 2,960 square feet
(0.07 acre), more or less,
rn
X
03
200001374 ?
f. Kathleen Halnaoe, Ciroult Clerk and Ex-officio
Recorder for ri'0efiingi6n 06 11111 Arkansas, do hereby
certify that thio ineltumadt was rilatl for record a my
office as indicated ttereori and the same is now duly
recorded with
thereo tha aokndk-0eggBnldrif and certificate
thereon in Record Book and Peg; as ind;Uted thereon.
IN WITNESS WHCRECf:, I nave hereunto set my
handIndaffixed the tool of sold COurt an the date indi-
cated hereon.
Kathleen Hamoss
Circuit"�1ork antl fix-oH16io Rscordar
ti a'� /
L
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
z�
FAYETTEA LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: January 12, 2000
TO: Fayetteville City Council /
THRU : Fred Hanna, Mayor /r
Charles Venable, Public Works Director �
Donald Bunn , Assistant Publy'c Works Director
Jim Beavers, City Engineer IP
FROM: Jill Goddard, Land Agent
SUBJECT: Highway 265 Water/Sewer Relocations
Phase II
Project No. 97043
Jean & David Randle (Parcel No. 765-05032-000)
This memorandum is in follow up to that dated December 27, 1999, included in the council
packet regarding authorization of possession by power of eminent domain on three properties (De
Palma, Randle & Klinger) as part of the above mentioned project. It is also in follow up to the
agenda session January 11 , 2000.
Specifically, as to the property owned by Jean and David Randle:
AHTD appraisal: (as of Sept. 10, 1998)
Land Value = $0.63/sf (or $27,500/acre)
Total tract value = 68, 196 sf (or 1 .57 ac) x $0.63/sf = $433000
Revised AHTD appraisal : (as of Sept. 24, 1998)
Land Value = $0.51 /sf (or $22,200/acre)
Total tract value = 68, 196 sf (or 1 .57 acre) x $0.51 /sf = $34,800
ROW: 7666 sf x $0.51 /sf = $3,900.00
Payment from AHTD: $ 3,900.00 right of way cost
11 ,500.00 damages to remainder
1 .600.00 additional damages thru settlement
$ 17,000.00 total payment from AHTD
NOTE: $13, 100.00 in damages = 1 .39 acres (remaining property after right of way
taking) x $0.22/sf. Or, essentially, they were paid 42% of the remaining land's value
(at $0.51 /sf) in damages.
Original Offer for City Water/Sewer Easements—based on original AHTD appraisal :
Permanent Easement = 15% x $0.63/sf (AHTD land value)
Temporary Easement = 8% x $0.63/sf (AHTD land value)
Perm. Esmt. = 3261 sf x $0.63/sf x 15% _ $310
Temp. Esmt. = 2177 sf x $0.63/sf x 8% = 110
$420
NOTE: City does not pay for trees in non-developed areas.
i
COUNCIL MEMORAND
January 12, 2000
Page 2 of 2
Revised Offer for City Water/Sewer Easements: (as of Dec. 21 , 1999)
Based on separate appraisal by Mark Risk, the Real Estate Consultants
Land Value = $0.69/sf (or $30,000/acre)
Permanent Easement = 20% x $0.69/sf
Temporary Easement = 10% x $0.69/sf
Perm. Esmt.: 3261 sf x $0.69/sf x 20% _ $450.00
Temp. Esmt. : 2177 sf x $0.69/sf x 10% = 150.00
$600.00
Land Value based on letter from Craig Hull, Nickle-Hill Group to the Randles:
(as of Dec. 21 , 1999)
Assigned Land Value = $45,000/acre
Assigned value of remaining property (after right of way taking) _
1 .39 acres x $45,000/ac = $623550
Perm. Esmt. = 3261 sf (or 0.07 ac) x $45,000/ac = $3150
Temp. Esmt. = 2177 sf (or 0.05 ac) x $45,000/ac = 2250
$5400
NOTE: These figures provide full land value for both permanent and temporary
easements. However, the Randles are not losing 0. 12 acres; they would retain
ownership of the easement areas.
Please keep in mind that an easement is not the taking of all land ownership rights (title to
the property remains with the owner); thus, the City does not offer full land value for easement
areas. A percentage of the land value (15%) is offered to compensate for any restrictions on the
use of the land which accompany a permanent easement. The easement itself does not impose
additional restrictions on the property owner when the proposed permanent easement falls within
areas such as building setback areas. Compensation for a temporary easement is considered a
rental as full use of that area is returned to the owner following completion of the project. Fee
simple land value is offered only when title to the property is acquired .
There is a 25 foot front building setback (along Highway 265) for the Randle property. The
proposed 15 foot wide permanent easement and 10 foot wide temporary easement are completely
within this setback area (as illustrated on the attached drawing). Thus, the proposed easements
are not restrictive as to building on this property.
Mr. and Mrs. Randle are concerned that the proposed easement will ruin the value of their
remaining property (what is left after the right of way taking). They would like to sell the entire
property to the City; however, the City is not interested in buying it, at least not at this time.
However, no counter offer was ever received for either the easement amounts nor an amount
offered to the City to purchase the 1 .39 acres.
This easement cannot be avoided because of the necessary crossing to the pump station.
The easement cannot be narrowed because of this same crossing .
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UTILITY EASEMENT ASP
EASEAfENT TRACT N0. 45 SIZE OT FUSEAOM
JEAN RANTLE pER1UNEM UTHJN EASEAMV7
3,261 SV.fT. (0.07 ACRES)
CITY N' /A rdTP6vILL6 ,Y 1 TEUpOAARY CONSTRUCTION EASEMENT
v rA r / 21177 SQ.AT. (0.05 ACRES)
( rRt'vious owRrsr - RAxxr P tocna )
LOT 5NE
/ e
LOTCORNER4 BLOCK 3 / 1z / 110 � D/W
EASTWOOD SUBDIVISION
NBS'11139'C
Scale: 1 ° = 50'
ses•11'»"� 3 r
LOT ✓` >zns' —_�y�a� Iz R
LOT 6 /41
LOT 6 aif
JEAN RANDLE
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ry
LOT iv
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HYLAND DRIVE EASTBOUND
"APPRAISAL REPORT •
FOR
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
JOB: 004999 PROJECT : STP-STPG-91-42 ( 6) County: Washington TRACT : 45
LOCATION : Hwy 16 - Hwy 45, ( Route 265 Section 2 )
FEE OWNER (S) : Jean Randle
ADDRESS : 1430 Ridgeway, Fayetteville, AR 72701
PHONE : 501-442-9406
TENANT ( S ) :
ADDRESS :
PHONE :
AREA OF WHOLE : 681196tSF PERMANENT EASEMENT (S ) :
AREA OF REMAINDER: 60, 530tSF TEMPORARY EASEMENT (S ) :
AREA OF ACQUISITION : 7 , 6663SF
(Title Certificate and Legal Descriptions Attached)
ESTATE APPRAISED : Fee Simple
HIGHEST L BEST USE :
Highest and Best Use is defined as "that reasonable and probable use that will support the
highest present value, as defined, as of the effective date of the appraisal .
Alternatively that use, from among reasonable, probable and legal alternative uses , found
to be physically possible, appropriately supported, financially feasible and which results
in highest land value . "
PURPOSE OF APPRAISAL:
To estimate the Fair Market Value of described property, including all damages and/or
benefits that are allowed under State law to the remaining property, as just compensation
for the property acquired.
MARKET VALUE CONCEPT:
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently
and knowledgeably, and assuming the price is not affected by undue stimulus .
ALLOCATION OF COMPENSATION
Land : 7, 666tSF @ $0 . 63/SF = C27i� $ (Rnd) 4 , 850 . 00
Improvements : $
Cost To Cure Items : $
Sign Relocation/Purchase : $
Permanent Easements : $
Temporary Easements : $
TOTAL COMPENSATION AS OF September 10 , 1998 $ 4 , 850 . 00
COMMENTS : Inception made without survey staking in place . Items missed because of this may
create need for a reappraisal .
Date : September 24 , 1996
George Hohnbaum, Appraiser
vs : 004999 : tr . 45
Job : 004999 Tract : 45
1
01/13/2000 09:49 569-2010 AHTD RIGHT OF WAY
APPRAISAL REPORT
For
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
JOB: 004999 PROJECT: STP-STPG-9142(6) County; Washington TRACT: 45
LOCATION: HWY. 16 - HAY. 45 (HWY. 265)
FEE OWNER(S): Jean Randle
ADDRESS: 1430 Ridgeway, Fayetteville, AR 72701
PHONE: (501) 442-9406
TENANT(S):
ADDRESS:
PHONE:
AREA OF WHOLE:
AREA OF REMAINDER:
AREA OF ACQUISITION:
(Title Certificate and Legal
68,196tSF
60,530±SF
7,666±SF
Description
PERMANENT EASEMENT(S):
TEMPORARY EASEMENT (5):
Attached)
ESTIMATED FAIR MARKET VALUE
OF THE PROPERTY
Before
Land;
$
34,800.00
Improvements:
$
-0-
$
34,800.00
Total:
After
Land:
$
19,400.00
Improvements:
$
-0-
$
19,400.00
Total:
FAIR MARKET VALUE OF ACQUISITION:
$
15,400.00
Temporary Easements:
$
-0-
TOTAL COMPENSATION AS OP
$
15,400.00
ALLOCATION OF C014PENSATION
I'-c4ttai
/%loll I
Land: 7,666t$f 0 $.51/SF $ 3,900.00
Permanent Easements: $
Temporary Easements: $
Improvements: $
Damages: $ 11,t0O.00 13, (DC.OO
Cost to Cure Items: $
Total Compensation: $ --It 400:00— 17N 0U(i.DV
Date: September 24, 1998
. George Hoh , Appraiser
em:l9aa:C15
ORIGINAL
I
Job: 004999
Tract: 45
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
PROJECT Highway 265 Water/Sewer Relocation (Job No. 97043) ..
COUNTY Washington
PARCEL# 765-05032-000
LOCATION N. Crossover Rd, Fayetteville, AR (Lot #6, Block 3, Eastwood Sub.)
FEE OWNER Jean Randle
ADDRESS 1430 Ridgeway, Fayetteville, AR 72701 ..
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 1.39 aces AREA OF RESIDUAL 1.32 acres
AREA OF PERMANENT ACQUISITION 3,261 Sq. Ft.or acre
(Descriptions attached)
Permanent Utility Easement 3,261 Sq. Ft.
Temporary Construction and Grading Easement 2,177 Sq. Ft.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $42,000
.' .
H. Improvements
Total $ 42,000
After
Land $41,550
Improvements ;i 0
Total 41550
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION $ 450
As of 21st ofbecember, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
Utility Easement 3,261 SF @ $.69/SF x 0.20 = $ 450 Say $ 450
T.C.E.• 2,177SF@$.69/SFx0.10 =$ 150 Say $ ISO
Trees None =S 0 0 .. '
Improvements: None $ 0
Total R -O -W, T.CE., Trees, & Improvements $ 600
Damages or Benefits: £ p
Total Compensation S 600
Say $600
ATTACHMENTS: . .
X Certificate of Appraiser
•—__ X Site, s p,pli �uy E. Risk GAA, #(,'G0202
�— Site, Improvement, H&B Use Narrative
• X Legal Descriptions
X Market Data Approach
X Survey
X Tar Assessment Card
• •Permanent Utility Easement Value is based upon 20% of the fee simple land value per appraiser research
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value multiplied times
10% to reflect a fair return plus a premium for inconvenience.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: December 27, 1999
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Works Director
Donald Bunn, Assistant Public Works Director
Jim Beavers, City Engineer 4
FROM: Jill Goddard, Land Agent
SUBJECT: Highway 265 Water/Sewer Relocations
Phase II
Project No. 97043
Anthony T. De Palma (Parcel No. 765-14215-000)
Jean & David Randle (Parcel No. 765-05032-000)
Timothy C. & Christine Klinger (Parcel No. 765-13321-001)
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 are several properties yet to grant easements. 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 these lands so as
not to interfere with the construction schedule.
We are requesting a very small area (1,607 square feet) in permanent easement from Dr.
De Palma. It is not possible to avoid this easement as there are numerous other utilities
to work around in this area. Dr. De Palma was in on November 2, 1999, to discuss the
project. He has turned things over to his attorney and, as of this time, the City has not
heard back.
Mr. and Mrs. Randle are concerned that the proposed easement will ruin the value of their
remaining property (what is left after the right of way taking). They would like to sell the
entire property to the City; however, the City is not interested in buying it, at least not at this
time. The Randles have turned the matter over to their attorney for review and we have not
yet heard back. The easement cannot be avoided because of the necessary crossing to
the pump station.
HIGHWAY 265 WATER/SEWER RELOCATIONS
• CASE HISTORY
Timothy C. & Christine Klinger
Parcel No. Parcel No. 765-13321-001
Oct. 11, 1999 Packet prepared containing offer letter, drawings, and easement
document. Additional easement area being requested as existing 15
foot wide easement not wide enough for both sewer and water lines.
Oct. 15, 1999 Holly Jones, contractual representative for the City, met with Mr.
Klinger. He is extremely reluctant to sign the easement because of
other issues he has with the City (issues unrelated to this easement).
However, will discuss with his wife and get back with us.
Oct. 20 - Nov. 3,
1999 Numerous messages left for Mr. Klinger. Communications have
ground to a halt with his lack of response.
Nov. 22, 1999 Revised packet prepared containing offer letter, drawings, and
easement document. Revision to reflect existing 25 foot wide
easement along old right of way of Highway 265. Less area required
• for proposed easement; however, offer amount kept same as in initial
offer.
Dec. 1, 1999 Packet hand delivered to Mr. Klinger by Holly Jones. Revisions
explained.
Dec. 14, 1999 Notification letter sent regarding request for appraisal and possible
condemnation proceedings sent certified.
Dec. 17, 1999 Mr. Klinger in to discuss other issues with City. He wants to see
appraisal, hopes there will be a revised (higher) offer, wants to settle
this out of court if possible.
Dec. 23, 1999 Received appraisal from Mark Risk, the Real Estate Consultants.
Dec. 29, 1999 Revised offer sent to the Klingers, based on appraisal.
Jan. 3, 2000 Notification of January 18, 2000, City Council meeting. Sent certified.
•
FAZETT YILLS
•
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
VIA CERTIFIED MAIL
Timothy C. & Christine Klinger
P.O. Box 1064
515 Rebecca
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 86
Notification of Council Meeting
Dear Mr. and Mrs. Klinger:
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 your property is
being presented to City Council for first reading at their meeting on January 18, 2000, 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 easements. Please contact Jill Goddard at (501) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
ED
a as n.rflItflI n,re,u 71MI Sni 521-7700
•
0
•
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
PROJECT Hhghway 265 Water/Sewer Relocation (Job No. 97043)
COUNTY Washington
PARCEL # 765-13321-001
LOCATION N. Crossover Rd, Fayetteville, AR (PTNW/4 SW/4 S1-16.30)
FEE OWNER Timothy C. and Christine L. Klinger
ADDRESS P.O. Box 1064, Fayetteville, AR 72702
ESTATE APPRAISED Fee Simple
AREA OF WHOLE 4.17 acres AREA OF RESIDUAL 4.10 awes
AREA OF PERMANENT ACQUISITION 2,961 Sq. Ft. or .07 acre
(Descriptions attached)
Permanent Utility Easement 2,961 Sq. Ft.
Temporary Construction and Grading Easement 2,960 Sq. Ft.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Land $725,000
Improvements $ 0
Total
After
Land 5719,500
Improvements
Total
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION
As of the 2P day ofDecember, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
UtilityEasement 2,961 SF @ $4.00/SF x 0.20
= S
2,369
Say
$ 2,400
T.C.E. 2,960 SF@$4.00/SF x0.10
=S
1,184
Say
$ 1,200
Trees None
= $
0
0
Improvements: None
$ D
Total R -O -W, T.C.E., Trees, & Improvements
$-3700- 36o
Damages orBenefits: 2,961 SF @ $4.00/SF x .25
= $
2,961
Say
$_3.000
Total Compensation
$ -4700- Gc oo
ATTACHMENTS:
X Certificate of Appraiser
X Phmogmphs
X Site, Improvement, H&B Use Narrative
X Legal Descriptions
X Market Data Approach
X Survey
X Tax Assessment Card
• Permanent Utility Easement Value is based upon 20% of the fee simple
Temporary Construction Easement (T.C.E.) value is based upon the fee
10% to reflect a fair return plus a premium for inconvenience.
$725,000
$719.
500
Say $6,700 -&W
fliMc Ate MCG0202
FAYETTEVILLE �
•
THE CITY OF FAYETTEVILLE, ARKANSAS
December 13, 1999
VIA CERTIFIED MAIL
Timothy C. & Christine Klinger
P.O. Box 1064
515 Rebecca
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 86
Notification
Dear Mr. and Mrs. Klinger:
On October 15, 1999, Holly Jones, representative for the City of Fayetteville, met
with you to discuss the proposed easements requested with the above mentioned project
as they pertain to your property. On December 2, 1999, a revised easement packet was
delivered to you (reduced easement area). As of the above date, we have not received
your signed documentation. 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.
If we have not heard from you nor received a signed easement document and
vendor form by December 27, 1999, procedures will be started to obtain possession
through the courts. An independent appraisal has been requested. 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 easements. Please contact Jill Goddard at (501) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
•
11 a wFST MOUNTAIN 72701 501521.7700 1
FAYETTEVIILE •
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
Anthony T. De Palma, Trustee
Anthony T. De Palma Rev. Trust
1815 Rockwood Trail
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 24
Revised Offer Letter
Dear Dr. De Palma:
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 $250.00 for the conveyance of rights associated with the Permanent
Easement (1,607 square feet) and $250.00 as rental of the lands associated with the Temporary
Construction Easement (3,255 square feet); making the total offer amount $500.00. 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:
++a WFRT MOUNTAIN 7270t 501 521-7700
Dr. De Palma
Revised Offer Letter, Page 2 of 2
LI
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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We urge
you to address this matter at your earliest convenience as the City has a very limited time frame
in which to install these utilities. Please provide us with a Tax Identification Number (Corporation).
or Social Security Number so that a check can be written. A Vendor Form is 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 and the associated easements. Please contact Jill Goddard at (501) 444-3407, Ed •
Connell at 444-3415 or I can be reached at 575-8206.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
Attachments
0
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
PROJECT Highway 265 Water/Sewer Relocation (Job No. 97043)
COUNTY
Washington
PARCEL#
765-14215-000
LOCATION
N. Crossover Rd, Fayetteville, AR (Fr SW/4,SE/4 S11-16-30)
FEE OWNER
Anthony T. DCPalna, Trustee of the DeOalma Revocable Trust
ADDRESS
1815 Rockwood Trail, Fayetteville, AR 72701
ESTATE APPRAISED
Fa Simple
AREA OF WHOLE
79.82 acres AREA OF RESIDUAL 79.78 acres
AREA OF PERMANENT ACQUISITION 1,607 Sq. FL or.04 acre
(Descriptions attached)
Permanent Utility Easement 1,607 Sq. Ft.
Temporary Construction and Grading Easement 3,255 Sq. FL
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $1,200,000
hnpmvements $ 0•
Total $1,200,000
After
Land $1,199,500
Improvemrn TotalB
$ 1199 500
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION $ 500
As of the 21" of December, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
Utility Easement 1,607 SF @ S.69/SF x 0.20 = $ 222
T.C.E." 3,255 SF @ S.69/SF x 0.10 = $ 224
Trea None = $ 0
Improvements: None
Total R -O -W, T.C.E., Trees, & Improvements
Damages or Benefits:
Total Compensation
ATTACHMENTS:
X
Certificate of Appraiser
X
Photographs
X
Site, Improvement, H&B Use Narrative
X
Legal Descriptions
X
Market Data Approach
X
Survey
X
Tax Assessment Card
Say $ 250
Say $ 250
$ 0
$ 0
$ 500
$ a
$ 500
Saayy $50000
set. E. Rfsk GAA, #CG020'2
s101%lA5 iMPI
• The appraiser has not determined the value of the existing subject improvements due
are not significantly affected by the India! taking
Permanent Utility Easement Value is based upon 20% of the fee simple land value
Temporary Cm¢wction Easement (T.C.E.) value is based upon the fa simple land
10% to reflect a fair rerun plus a laeuium for inconvenience.
:: i:EHt!PI;iD
FAYETTEVI?LE S
l
THE CITY OF FAYETTEVILLE, ARKANSAS
December 13, 1999
Nna,w-7�.uNJECZ
Anthony T. De Palma, Trustee
Anthony T. De Palma Rev. Trust
1815 Rockwood Trail
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
• Job No. 97043
Tract No. 24
Notification
Dear Dr. De Palma:
On November 2, 1999, representatives for the City of Fayetteville met with you to
discuss the proposed easements requested with the above mentioned project as they •
pertain to your property. As of this date, we have not received your signed documentation.
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.
If we have not heard from you nor received a signed easement document and
vendor form.by December 27, 1999, procedures will be started to obtain possession
through the courts. An independent appraisal has been requested. 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 easements. Please contact Jill Goddard at (501) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
CityEngineer
JB/jsg
..-...mow. ..nn.nww, -mm C'" col - lm
SW -SE -11-16-30
Anthony T. De Palma, Trustee
De Palma Revocable Trust
Parcel No. 765-14215-000
Deed Ref. 92-44859
proposed temp. esmt.
•
Title:
Scale: 1 inch = 100 feet I File: 24-DEPAL.DES
: AHTD r/w taking
Deed Ref. 98-106942
< proposed perm. esmt.
Date: 09-21-1999
Tract 1: 40.155 Acres: 162500.1 Sq Meters:
No significant closure error. Perimeter = 5290 feet
Tract 2: 0.185 Acres: 8040
Sq Feet: 747.0
Sq Meters: No significant closure error.
Perimeter = 847 feet
Tract 3: 0.037 Acres: 1607
Sq Feet: 149.3
Sq Meters: No significant closure error. :
Perimeter =.314 feet
Tract 4: 0.075 Acres: 3255
Sq Feet: 302.4
Sq Meters: No significant closure error. :
Perimeter = 365 feet
001=n85.2912e 1320
009=n05.5827e 210.37
017=s85.4415w 20.00
002=s04.3040e 1320.88
010=@3 perm esmt
018=n04.3040w 148.84
003=s85.4415w 1334.29
011=s85.4415w 15.00
019: BRI, 5.3122 R-20, , c-28
ng-Ne, CM -25.60
004=n03.5321w 1315.12
012-r04.3040w 148.84
020=s14.4131e 20
005=@2 AHTD r/w taking
013=s14.4131e 84.86
021=s04.3040e 148.84
06=/s04.3040e 835.46
014=s04.3040e 65.38
7=s04.3040e 420.04
015=@3 temp esmt
008�r14.4131w 216.59
016=/s85.4415w 15.00
THE CITY OF FAYETTEVILLE, ARKANSAS
October 18, 1999
Anthony T. De Palma, Trustee
Anthony T. De Palma Rev. Trust
1815 Rockwood Trail
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 24
Offer Letter
Dear Dr. De Palma:
In conjunction with the widening of Highway 265 from Highway 16 north to Highway 45, the
City of Fayetteville is required to relocate the majority of water and sewer lines that now service •
this area. These relocations are to be done just prior to the highway widening. It is therefore
necessary to obtain permanent and temporary construction easements across a portion of your
property for this project. The temporary construction easement will terminate upon completion
and acceptance of the project by the City.
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 $50.00 for the conveyance of rights associated with the
Permanent Easement (1,607 square feet) and $50.00 as rental of the lands associated with the
Temporary Construction Easement (3,255 square feet); making the total offer amount $100.00.
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.
e. De Palma
fer 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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We
urge you to address this matter at your earliest convenience as the City has a very limited time
frame in which to install these utilities. Please provide us with a Tax Identification Number
(Corporation) or Social Security Number so that a check can be written. A Vendor Form is
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 and the associated easements. Please contact Jill Goddard at (501) 444-
3407, Ed Connell at 444-3415 or I can be reached at 575-8206.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
Attachments
0
Project No. 97043 • 0
Project: Highway 265 Water/Sewer Relocations
Parcel No. 765-14215-000
Tract No. 24
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS: •
THAT Anthony T. De Palma, Trustee of the De Palma Revocable Trust, 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, does 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 construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or
sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described
land situated in the County of Washington. State of Arkansas, to -wit:
e - - • ?e7�I Lei
The Southwest Quarter (SW'/.) of the Southeast Quarter (SE'/.) and the Southeast Quarter (SEY.) of the
Southwest Quarter (SW'/.) of Section Eleven (11) in Township Sixteen (16) North, Range Thirty (30) West
of the 5th P.M., containing eighty (80) acres, more or less.
LESS AND EXCEPT that portion conveyed to the Arkansas State Highway Commission under Job No.
004999 as road right of way in Deed Reference 98-106942 of the Office of the Circuit Clerk and Er -Officio
Recorder of Washington County, Arkansas, containing 0.18 acre, more or less.
:u' a :' •.
A permanent easement of variable width along the West side of the Arkansas 265 West Right of Way line
as referenced by State Highway Commission Job No. 004999. This easement is more particularly
described as beginning at the Southeast corner of the Southwest Quarter (SW'/.) of the Southeast Quarter
(SE'/.) of Section 11, Tovmship 16 North, Range 30 West, thence along the South line of said SW'!. of the
SE'/. South 85°44' 15" West 15.00 feet; thence leaving the South line North 04° 3040" West 148.84 feet
to a point on the West Right of Way line of Arkansas Highway 265; thence along said West Right of Way
line South 14° 41' 31" East 84.86 feet to a point on the East line of the S W'/. of the SE'/. of said Section 11;
thence along said East line South 04° 3040" East 65.38 feet to the point of beginning, containing 1607
square feet (0.04 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 Plansand will be different than the -
bearing system previously used in describing the Owner's property.
u-0::: •. : e. :.a as . u . a - e.
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 West side thereof. This temporary
construction and grading easement contains 3,255 square feet (0.07 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 or under construction within said temporary construction and grading easement area during the
construction of the hereinabove referenced project.
TO HAVE AND TO HOLD unto said Grantee, Its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, 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 is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, toe sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be
at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction,
maintenance and operation as determined by three disinterested persons. One thereof to 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 9
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
WATER/SEWER EASEMENT
De Palma
Page 2 of 2
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
DE PALMA REVOCABLE TRUST
Anthony T. De Palma, Trustee
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON i
1999.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned end acting Notary Public
within and for said County and State, personally appeared Anthony T. De Palma; Trustee of the De Palma Revocable -
Trust, 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 1999.
Notary Public
MY COMMISSION EXPIRES:
EASEMENT TR4CT NO. 24
DePALAIA R4YOCABLE
771037
UTILITY EASE
2\
1 �
I '. r ^ \
I ~ .
H
S srs Y
SE CORNER �''`T' \
SW 1/4 , SE 1/4 I r
SECDON 11
7-16-N , R -JO -W I
I
5051}W'N I�
\ I I aI
UNDER,IOOD FAMILY
\II
L7LI73'D PART/✓El$.?71IP \ � ,! I
� �Iy
MZE OP EAS'EAIP.NT \ I .
PARAGA3'%7 WW77 EASEA/ IW \I
1,607 SQ.l. (0.0! ACz)
TEYPORIRY Gt7A37RUC770N EA. MOVT I
5,255 SQJT. (0.07 ACRES)
5
I I
11
In
Scale: 1 =40'
9
•I
•I
L�
Washington County aI Estate Assessment I&cord
Sel Number 65-1 421
ti L
lion Address 0 00
Owner
Mailing
Address
ANTHONY T., TRUSTEE
LMA REVOCABLE TRUST
FLMA,
ROCKWOOD TRAIL
TTEVILLE
lIAR
Ifr27O1
Property Type Al I
I0
Current year 11996
Appraised
Assessed
Land value
27,700
5,540
Imp. value
113,250
22,650
Total value
140,950
28,190
Legal Description
Lot Block i Section -Township -Range 1-16-30
Addition 1-16-30 FAYETTEVILLE OUTLOTS
Legal T SW SE 39.21 A. SE SW 40.00 A.
Deed
9/02/92 I 9244859 I
0
I 0.00
0 I
School
District AYETTEVILLE SCHOOLS
City
description
FAYEITEVILLE
•
Deeds Since 1985
Li
Parcel Number 65-14215-000
Date 9/02/92
Book 92 Page 144859
Deed Type WD I
Revenue I 0.00 J Sale Amount I 0
Grantor DE PALMA, ANTHONY T., TRUSTEE
Other Grantors
Notes
FOR 1996: 0.61A LAND ONLY TO #001 SOUTHWEST ARKANSAS UTILITIES CORP.
NO REV 7-18-90 DWG ADDED
50% -'90,100% -'91
0
I
/ Ire i 5
FILED FOR;. JC;,).:.
90 DEC 7 Flf11136 JOB NO, 04999
TRACT NO. 24
I:h3fi11CT011 C0
1.. IIAY,Ic,,C
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTSh
THAT, Anthony T. De Palms, Trustee of the De Palms Revocable Trust
for and inconsideration of the sum of ONE THOUSAND ONE HUNDRED
AND NO/100 dollars (51,100.00), and other good and valuable consideration,
cash in hand paid by the Arkansas State Highway Commission, the receipt of
which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the
Arkansas State Highway Commission and unto its successors and assigns forever
the following lands, An and except such minerals therein and thereunder, as oil,
" - gas,distillate, condensate, salt water, and its component parts, and all other
, hydrocarbons which do not interfere with the surface use for highway purposes,
lying and being situated in the County of Washington, State of Arkansas, to -wit:
Part of the Southwest Quarter of the Southeast Quarter of Section 11, Township 16
North, Range 30 West, Washington County, Arkansas, more particularly described
as follows:
Starting at the Northeast Comer of the Southwest Quarter of the Southeast Quarter
of -Section 11; thence South 04° 30' 40" East along the East line thereof a distance
of 835.46 feet to a point on the Westerly proposed right of way line of Arkansas
State Highway 265 for the point of beginning, jhenee continue South 04° 30'_40"
East along the East line of the Southwest Quarter of the Southeast Quarter of
Section II a distance of 420.04 feet to. a poinf on the Westerly proposed right of
way line of Arkansas State Highway 265; thence North 14° 41' 31" West along
said proposed right of way line a distance of 216.59 feet to a point; thence North
05° 58' 27" East along said proposed right of way line a distance of 210.37 feet to.
20w point of beginning and containing 0.18 acre more or less. - - - -
TO HAVE AND TO HOLD the same unto the said Arkansas State
Highway Commission,♦ and unto its successors and assigns forever.
{,v �!♦l r3 R�♦Nl� ♦If ai.
It*ri yvr ctpfca+:fo!$1ec
n'.:rsirtivs ntieo•.d Cteleentiy ,-..,'...
�•rrcet sa oat at domtntrntary stamps ..
Ir:rc been ptar d al this iasuttF1 1 .. .
r 6$L�tr'd.9Jc, ! rilays tc'YY2I32i2 "`; a "i.i.� ♦ "Y
r,,,a�rr�cl.ac fill
Ili l`nr4_A Mmne TC-tTl
1. h. � ....�: '�, .Stty
tCel.-at allp.Rd aaak t.w n, UJ :.::Y r ..514' •l.I1 jy.rnpp
alrtrilw d tae reel Dhtlea ,
Ark was State Higbwq • Traarportad a Dcpe
Pwt Onfce Dos 2261,
nk lio w Araaa,, 7229'vY ,'t •• " ,;? , /44•r
IJ
lYt-3..
h i y . . U Y 4Y{ �♦ {YY114r Ir
1
J 98106
HIGHWAY 265 WATER/SEWER RELOCATIONS
• CASE HISTORY
Jeane & David Randle
Parcel No. 765-05032-000
Oct. 7-15, 1999 Four messages left on answering machine.
Oct. 18, 1999 Mailed packet containing offer letter, drawings, and easement
document.
Nov. 1, 1999 Randles have been out of town. Called to set up appointment to
meet.
Nov. 2, 1999 Met at property: Jeane & David Randle, owners; Ed Connell, Land
Agent; and Holly Jones, contractual Land Agent. The Randles would
like to sell remaining property (1.3 acres) to the City.
Nov. 9, 1999 Ed Connell checked with Fire Dept. and Parks Dept. and neither one
is interested in buying the property --at least not at this time. Called
to inform David Randle.
. Nov. 16, 1999 David Randle called. Upset that large black walnut tree (cut down by
SWEPCO contractor) has been hauled off site despite "Private
Property" sign on tree placed there by Randle. Unfortunately, the City
has no information as to culprit.
Nov. 23, 1999 David Randle called. Still wants to sell property to City. Is concerned
that proposed easement will ruin the value of what is left after the right
of way taking. Going to give to his attorney for review.
Dec. 3, 1999 City has not heard from either Mr. Randle or his attorney.
Dec. 14, 1999 Notification letter regarding request for appraisal and possible
condemnation proceedings sent certified.
Dec. 20, 1999 David Randle called --will be out of town for next month.
Dec. 23, 1999 Appraisal received from Mark Risk, the Real Estate Consultants.
Dec. 29, 1999 Revised offer sent to the Randles, based on appraisal.
Jan. 3, 2000 Notification of January 18, 2000, City Council meeting. Sent certified.
FAYETTEVILLE �
•
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
VIA CERTIFIED MAIL
Jeane & David Randle
1430 W. Ridgeway
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
. Job No. 97043
Tract No. 45
Notification of Council Meeting
Dear Mr. and Mrs. Randle:
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 your property is
being presented to City Council for first reading at their meeting on January 18, 2000, 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 easements. Please contact Jill Goddard at (501) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
•
1.13 WEST MOUNTAIN 72701 501 521-7700
FAYETTEVILLE •
9
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
Jeane & David Randle
1430 Ridgeway
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 45
Revised Offer Letter
Dear Mr. and Mrs. Randle:
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 $450.00 for the conveyance of rights associated with the Permanent
Easement (3,261 square feet) and $150.00 as rental of the lands associated with the Temporary
Construction Easement (2,177 square feet); making the total offer amount $600.00. 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
Mr. and Mrs. Randle
Revised 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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We urge
you to address this matter at your earliest convenience as the City has a very limited time frame
in which to install these utilities. Please provide us with a Tax Identification Number (Corporation)
or Social Security Number so that a check can be written. A Vendor Form is 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 and the associated easements. Please contact Jill Goddard at (501) 444-3407, Ed
Connell at 444-3415 or I can be reached at 575-8206.
Sinc
er
ely
yours,
rte'
Jim Beavers
City Engineer
JB/jsg
Attachments
APPRAISAL REPORT
FOR
CITY OF FAYETTEVILLE
Limited Summary Appraisal Report
PROJECT Highway 265 Water/Sewer Relocation (Job No. 97043)
COUNTY
Washington
PARCEL#
765-05032-000
LOCATION
N. Crossover Rd, Fayetteville, AR (Lot #6, Block 3, Eastwood Sub.)
FEE OWNER
Jean Randle
ADDRESS
1430 Ridgeway, Fayetteville, AR 72701
ESTATE APPRAISED
Fee Simple
AREA OF WHOLE
1.39 acres AREA OF RESIDUAL 1.32 acres
AREA OF PERMANENT ACQUISITION 3,261 Sq. Ft. or.07 acre
(Descriptions attached)
Permanent Utility Easement 3,261 Sq. FL
Temporary Construction and Grading Easement 2,177 Sq. FL
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $ 42 ,000
Improvements
Total $ 42,000
After
Land $ 41,550
Improvements
Total 4I 550
FAIR MARKET VALUE OF PERMANENT EASEMENT ACQUISITION $ 450
As of 21st ofDecember, 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
UtilityEasanent 3,261 SF @ $.69/SF x 0.20 = S 450
Say S 450
T.C.E.* 2,177 SF@$.69/SFx0.10 =S 150
Say $ 150
Trees None = S 0
0
Improvements: None
S 0
Total R -O -W, T.C.E., Trees, & Improvements
S 600
Damages or Benefits:
p
.
Total Compensation
$ 600
Say $600
ATTACHMENTS:
X Certificate of Appraiser
X Photographs
ser, Mark E.
Risk GAA. #OO0202
X Site, Improvement, H&B Use Nanative
X Ly{ejgalpDescriptions
X MarketData Approach
\ r�J..
X Survey
�?i' ST'.
X Tax Assessment Card
= L'( CE?i?;D a
i GE'r'EFeIi.
Permanent Utility Easement Value is based upon 20% of the fee simple land value
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land vaf
10% to reflect a fair return plus a premium for inconvenience.
FAYETTEVILLE �
s
THE CITY OF FAYETTEVILLE, ARKANSAS
December 13, 1999
VIA CERTIFIED MAIL
Jeane & David Randle
1430 W. Ridgeway
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
• Job No. 97043
Tract No. 45
• Notification
Dear Mr. and Mrs. Randle:
On November 2, 1999, representatives for the City of Fayetteville met with you to
discuss the proposed easements requested with the above mentioned project as they
pertain to your property. As of this date, we have not received your signed documentation. •
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.
If we have not heard from you nor received a signed easement document and
vendor form by December 27, 1999, procedures will be started to obtain possession
through the courts. An independent appraisal has been requested. 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 easements. Please contact Jill Goddard at (501) 444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
Jim Beavers
City Engineer
JB/jsg
i
11a wrgT Mn INTAIN 72701 501 521-7706
Title:
Randle
property --rotated
to AHTD
bearings
Scale:
1 inch
= 60 feet
File: 45-RANDL.DES
Tract 1:
1.566 Acres:
68195 Sq Feet:
6335.5
Sq Meters: No significant closure error.:
Perimeter = 1106 feet
Tract 2:
0.176 Acres:
7666 Sq Feet:
712.2
Sq Meters:
No significant closure error.:
Perimeter = 528 feet
Tract 3:
0.075 Acres:
3261 Sq Feet:
302.9
Sq Meters:
No significant closure error.:
Perimeter = 467 feet
Tract 4:
0.050 Acres:
2177 Sq Feet:
202.3
Sq Meters:
No significant closure error.
Perimeter = 457 feet
001=/n04.3044w 160.04
002=n04.3044w 200.05
003=n85.1139e 390.73
004=s21.5446w 223.96
005=s85.1139W 291.06
0061 AHTD r/w taking
007=/n04.3044w 559.94
008=/n85.1139e 299.98
009=/n85.1139e166.81
010=/s16.1710w 214.20
011=s21.5446w 223.96
W
5.1139w 34.15
1.5938e 119.61
2.0954e 97.54
015 n85.1139e 52.45
016=@l 15' peen esmt
017=/n04.3044w 559.94
018=/n85.1139e 299.98
019=/n85.1139e 166.81
020=/s 16.1710w 214.20
021=/s85.1139w 52.45
022=s85.1139w 15.68
023=s12.0954w 91.67
024=s21.5938w 125.90
025=n85.1139e 16.81
026=n21 .5938e 119.61
027rn12.0954e 97.54
028=@ l 10temp esmt
Date: 09-22-1999
029=/n04.3044w 559.94
030=/n85.1139e 299.98
031=/n85.1139e 166.81
032=/s16.1710w 214.20
033=/s85.1139w 68.13
034=s85.1139w 10.46
035=s12.0954w 87.76
036=s21.5938w 130.09
037=n85.1139e 11.20
038 n21.5938e 125.90
039=n12.0954e 91.67
FAYETTEVIL�E
•
THE CITY OF FAYETTEVILLE, ARKANSAS
September 27, 1999
Jeane & David Randle
1430 Ridgeway
Fayetteville, AR 72701
Dear Mr. and Mrs. Randle:
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 45
Offer Letter
In conjunction with the widening of Highway.265 from Highway 16 north to Highway 45, the
City of Fayetteville is required to relocate the majority of water and sewer lines that now service
this area. These relocations are to be done just prior to the highway widening. It is therefore •
necessary to obtain permanent and temporary construction easements across a portion of your
property for this project. The temporary construction easement will terminate upon completion
and acceptance of the project by the City.
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 $310.00 for the conveyance of rights associated with the
Permanent Easement (3,261 square feet) and $110.00 as rental of the lands associated with the
Temporary Construction Easement (2,177 square feet); making the total offer amount $420.00.
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 501 521-7700
Mr. and Mrs. Randle
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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We
urge you to address this matter at your earliest convenience as the City has a very limited time
frame in which to install these utilities. Please provide us with a Tax Identification Number
(Corporation) or Social Security Number so that a check can be written. A Vendor Form is
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 and the associated easements. Please contact Jill Goddard at (501) 444-
•3407, Ed Connell at 444-3415 or I can be reached at 575-8206.
Sincerely yours,
Jim Beavers
City Engineer
JBlsg
Attachments
•
Project No. 97043 •
Project: Mghny 265 Water/Sexer R lions
Parcel No. 765-05032-000
Tract No. 45
WATERISEWER EASEMENT
BE IT KNOWN By THESE PRESENTS:
THAT Jeane Randle, being the one and the same person as Jean Randle, as shown in a warranty deed filed
for record in the records f Washington County, Arkansas, on Januanj 26
!M*fher husband, herei and other
valuable considerati1966in Be an and David
City of Fayettevillduntto)Gr ntee'Y
ors and assigns, aL and CONVEY
ela , ins Po construct, ley,
n, over, acrosslandeter and/or te of Arkansas,
appurtenances
TY DFcr
rv:
Lot Six (6) in Block Three (3) In Eastwood SubdMsion to the C. _. subdivision on file in the office of the Circuit Clerk and Ex-OArkansas as per plat of sa
fficio Re of Fayettewlle order of Washington County, Arkansas
LESS AND EXCEPT that portion conveyed to the Arkansas State Highway Commission under Job No.
004999 as road right of way in Deed Reference 99-013090 of the Office of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas, containing 7,666 square feet, more or less. PERMANENT EAS
EMEM1 n�Q:
A fifteen (15) foot permanent easement of equal and uniform width located along the
Arkansas Highway 265 West Right of Way line as referenced by State Highway Comm
004999. This easement is more West side of the
extending North 217 feet, more or dethn
Grantor's eginn beginning at the Grantor's Southpropertyon Job No.
(0.07 acre), more or less.property line, containing 3,261 sulare ine f et
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 C ON RUCTION AND GRADINg•
DESCRIPTION.
A temporary construction and grading easement ten (10) feet in width
to the above described permanent easement and situated on the West
sttnsidpe and contiguous
thereof. This temporary
construction and grading easement contains 2,177 square feet (0.05 acre), more or less,
ther
together with the rights, easements, and Privileges in or to said lands which may be required for the full enjoyment
rights herein granted.
.: - . 1 Yment of the -`
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.
ttis expressly understood that the above temporary con and grading easement shall exclude any '
structure Presently located or under construction within said temporary construction and grading easement area during the
construction of the hereinabove referenced project. Permanent`
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such i
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes pipe line or lines,
hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be
at a height above high water, and to a with cultivation of
at a height and high a er, determined ndP y any damages which may arise to growing crops or fences from the con
m i tethe said operation
and by three disinterested persons. One thereof to be appointed atno Grantor be final and conclusive. the third the two so appointed as aforesaid, and the written awarsuch three said ns
Persons shall
The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and say
fences shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every
granted. All covenants and agreement herein contained shall extend to and be binding
represenatives, successors and assigns of the parties hereto. right hereby
upon the respective heirs, legal
WATER/SEWER EASEMENT
Randle
Page 2 of 2
J
his 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 , 1999.
Jeane Randle
STATE OF ARKANSAS
COUNTY OF WASHINGTON
David Randle
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personalty appeared Jeane Randle, being the one and the same person as Jean
Randle, as shown in a warranty deed filed for record in the recordsof Washington County, Arkansas, on January
26,1966, in Book 671, at Page 41 and David Randle, her husband, to me well known as the persons who executed the
foregoing document, and who stated and acknowledged that they 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 .1999.
Notary Public
MY COMMISSION EXPIRES:
LASrar6'NT TRACT Na. •
JEAN RAADle
C17Y OF )''rtflA,lLLe
3X
r PRL'Y/OUS ORWAW-1LfRRY f: Lock?)
LDT 5
NE CORNER
LOT 4 BLOCK 3
I
EASTVXD SUBDIVISION
R
1 iusY1Lil Vi AJAJ'
• size OF rase.'
PSRILINi'M' UTILITY SASC,{TM
3,261 SQ.fZ. (0.07 ACR&S)
m / TE'XPORARY CONSTRUCTION f4szj/f j'
Arurnreo / 2,177 SQ.?? (0.05 ACRES)
I.
,Scale: 1 "=40• "09 E Ix6C
NOS- 11.39-C LOTS39(
LOTS
LOT 6
JEAN R4NDLE
45
IBS•11'39'V LOT 6
LOTS
we fN1 rML.ncPo/
CITY or rAfl77ewLLs / /
74
44 / //
l/R6 STAT/py NR Q I 1
/
/ y/i
Ala/
16.81'
if
I
/$
U
z
ss
HYLAND DRIVE WESTBOUND
HYLAND DRIVE EASTBOUND
i
L
•I
Washington County Foal Estate Assessment Ipcord
P cel Number
tion Address
Owner
Mailing
Address
1765-05032-000
1J II II
ANDLEJJEAN
1430 RIDGEWAY
FAYETTEVILLE
lIAR
1172701
Property Type V®
I0
Current year h995
Appraised Assessed
Land value 5,250 1,050
Imp. value 0 0
Total value 5,250 1,050
Legal Description
Lot 06 I Block 03 Section -Township -Range 1-16-30
Addition ASTWOOD S/D
Legal
'T LOT 6 BLOCK 3
Deed
1/01/65 X671-011 I"
1 0.00
I 0 I
School
District
FAYETTEVILLE SCHOOLS
I City
description
FAYETTEVILLE
[1
0
f174
'- 6oC!(
PiEG..
fREJ
FOR flECCRD
%7....LC.. qC . _:.:a C dogs tt� home:£
..
,,..
^_
195$ JAM
.6 PM 1: 50 .
t ra Clay R. Too and *.lands Lucille Yoe.
fi".3e—--— —-—-————-—————-:Gait^e
WASHINGTON COVMTY,AAK. .
....
$1.00 and other
r
:: _c:::a :._. . _e... ._ c.o c..: c.
_s `
.
valuabl: Gc:..:ieratiGrlh- - - - - - - - - - a-
- �'
:,,
to c: - :.: har.d- - b7 .:_an Randle- - - -
-'j
..
�,.
Co_Y.a7:._ _y:L-_1a.ee...e x::d Jean Rendla
Y"1I
,•
Grd td:o her- - - - - - -- - ----a----
"
�
, •:
.& __.. .._ ... Land. eltnato v
�
washingtoa- - - - - :.Jt::✓.:..:a of :.:___„awf.::
.......
;, r''
Lot Six (6) in 71oc:c Threc (3) in Eastwood Subdivision to the City of
: ayo:villa, A_:::aac.;, ha per plat o: said atbdiviaion on file in the offic
of tb+ Circtit Clark and Ex -Officio Recorder of Washington County, Arkansas.',,,,,
The black t02 roes in Eastwood Addition to be built and paid for by the }..:•`,:':
■elver.•.
,
:•- rv^ L:_ _•a _.'._D tie •e'• /�^.LO cad are irpte'_htcs terrsto Selorc n: mate the a14 Jean
3 r.\C I cr.C. L•...o - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
:..:r_..:_C;;r-:...y•._.:.£ we ,•lewd Clay E. Yoe and Wanda Lucille Yoe, his wii
Lar5:7 •a=voant vo :_o 1cwlally teaoL o' and Inn£ tad yrem:.ea; thct t]0 nm6 is aalncumbsnd, and we
..:.. w w.... .."a 'mot a to the said .h�.£a as'ni.'..^.:.'.'r' Iee r'-' M1rr wb .yer. .•
..:: _, ..a n..£—
exa-:.aa e.' _._'£ : ooae7. do hereby release and mItart:ah unto the said Jean Randle- —
all m7 :::tarns, :I;;l. tat::. and dowt^cad convey my bomeetead In and to said lands
W:. \:.&S Gur :._d acs£ asel a on this - - 23r- - - C;7 a - - April- - -. -10.' 65,
,. Y ,V1 : PY^d.:..71. a
AC.:NOWL7DAflr." . 4$:;..
:...s TA203 .s j
'_ntnr ,
^, I^.�.:;.;. ::�.-:.:2 of this day same helm the undoas-ned, a -. Notary Public- -ar.
-'.'-.-u- - _. - - .- - .wit" and io-:s Cost afoca.:-Ce £..7 camn!aaed tad
Sn.. ..: C'; `:.ucille:-YN' his vile,. - -.
r- andj-.._ .a ♦♦
w_ n_]_ ,_ \�_ ,nr_w.n.iWe era M.Li tl>ef .>•�' � t}IeV—.
:.y$ sad ar:3 N area
'.tl 1 r '• •4 S a 1 � y �•1S •r !} ..•�1 P 1 : '•S it '. 1 • /."• • �.;. • ,•1 J
1 .In ,l I 1� i a Y•41 �, v'1' .J`:fn I aa- • t^ /' i 1 ' i i I •, f4 • .,.. S 1 a • / ` •3 •
I,....
1 I I _ •• • 111•
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•
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ar• \ r •
•.... �i..,.'.. ,I• "
111 11 • • •••• and • -• • • •-
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:
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. ,.r.:•,;
•
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• • - • .. •.- 1 -- • - • • • •
••• •• • • - •• of •-• • _ -
• ^'l • •'
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• "::. •
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.
1• •••.' ♦;
..
.- .- 2]
..-.
.-.-.-
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-
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. --
•...
. ..:.
FAYETTEVR.LE �
•
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
Timothy C. & Christine Klinger
P.O. Box 1064
515 Rebecca
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 86
Revised Offer Letter (appraisal)
Dear Mr. and Mrs. Klinger:
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
-nction, 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 $2,400.00 for the conveyance of rights associated with the Permanent
Easement (2,961 square feet), $1,200.00 as rental of the lands associated with the Temporary
Construction Easement (2,960 square feet), and $3,000.00 in damages; making the total offer
amount $6,600.00. 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
S
Mr. and Mrs. Klinger
Revised Offer Letter (appraisal), 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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We urge
you to address this matter at your earliest convenience as the City has a very limited time frame
in which to install these utilities. Please provide us with a Tax Identification Number (Corporation)
or Social Security Number so that a check can be written. A Vendor Form is 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 and the associated easements. Please contact Jill Goddard at (501) 444-3407, Ed
Connell at 444-3415 or I can be.reached at 575-8206. •
Sincerely yours,
M- .
Jim Beavers
City Engineer
JB/jsg
Attachments
•
0• a
CITY COUNCIL
MEMORANDUM
Page 2 of 2
Mr. Klinger is extremely reluctant to sign the easement because of other issues he has with
the City (issues unrelated to this easement). The area of the proposed easement has
been reduced, yet the offer amount has remained at what was initially offered.
Communications have ground to a halt. The easement is necessary as the existing
easement is not wide enough for both water and sewer lines.
Independent appraisals have been requested from Mark Risk, the Real Estate Consultants,
to determine land value. The original offers were based on appraisal information prepared
by the Highway Department for the right of way acquisition (15% of AHTD land value for
permanent easements and 8% of AHTD land value for temporary easements). The
appraisals were received December 23, 1999. Revised offers based on the appraisals are
to be prepared and sent December 29, 1999.
FAYETTEV&LE
THE CITY OF FAYEITEVILLE, ARKANSAS
November 22, 1999
Timothy C. & Christine Klinger
P.O. Box 1064
515 Rebecca
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 86
Offer Letter --Revised Easement Document
Dear Mr. and Mrs. Klinger:
Enclosed please find a Revised Water/Sewer Easement document describing a permanent
.easement and temporary construction easement for water and Sewer relocations which are in
conjunction with the widening of Highway 265 from Highway 16 north to Highway 45.
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 (Revised). The
City of Fayetteville hereby offers $1,995.00 for the conveyance of rights associated with the
Permanent Easement (2,961 square feet) and $1,030.00 as rental of the lands associated with
the Temporary Construction Easement (2,960 square feet); making the total offer amount
$3,025.00. This amount remains the same as originally offered; however, the easement areas
are now less than before to reflect the utility easement along Highway 265 (Deed Book 950 at
Page 176).
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 ofthis 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 maybe 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.
Mr. and Mrs. Klinger
Offer Letter --Revised Easement Document, 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
Water/Sewer Easement. A reduced copy of the document is included for your records. We can
provide a copy of the recorded document upon your request and at the appropriate time. We urge
you to address this matter at your earliest convenience as the City has a very limited time frame
in which to install these utilities. Please provide us with a Tax Identification Number (Corporation)
or Social Security Number so that a check can be written. A Vendor Form is 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 and the associated easements. Please contact Jill Goddard at (501) 444-3407, Ed •
Connell at 444-3415 or I can be reached at 575-8206.
Sincerely yours,
eBeavers
City Engineer
JB/jsg
Attachments
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Project No. 97043 •
Project: Highway 265 Water/Sewer Reloc s
Parcel No. 765-13321-001
Tract No. 86
WATERISEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Timothy C. Klinger and Christine Klinger, husband and wife, 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, does 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 construct, lay, remove, relay, inspect, enlarge and/or operate a water
and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION:
Part of the Northwest Quarter (NWY.) of the Southwest Quarter (SW'/.) of Section One (1) in Township
Sixteen North (16N) of Range 30 West (30W), described as follows: Beginning five hundred four (504) feet
North of the Southwest (SW) comer of said forty acre tract, and running, thence North eight hundred
sixteen (816) feet; thence East two hundred three and twenty-five hundredths (203.25) feet; thence South
eight hundred sixteen (816) feet; thence West two hundred three and twenty-five hundredths (203.25) feet
to the place of beginning, containing three and eight -one hundredths (3.81) acres, more or less.
ALSO: A part of the Northeast Quarter (NE'/.) of the Southeast Quarter (SE%) of Section Two (2),
Township Sixteen North (16N), Range Thirty West (30W), being more particularly described as follows:
Beginning at the Northeast (NE) comer of said forty (40) acres tract; thence West (W) 33.20 feet to the
East (E) Right -of -Way of State Highway 265, said point being an iron at the Southwest (SW) comer of the
Crossroads East Subdivision; thence South (S) 816 feet, thence East (E) 33.20 feet, thence North (N) 816
feet to the point of beginning, containing 0.62 acres, more or less.
LESS AND EXCEPT that portion within the Northwest Quarter (NW'/.) of the Southwest Quarter (SW'/4
of Section 1 and within the Northeast Quarter (NE'.) of the Southeast Quarter (SE'!.) of Section 2,
Township 16 North, Range 30 West, Washington County, Arkansas, and described in CIV Case No. 99-
519 of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, containing
0.26 acre, more or less. Also described in Exhibit "A" attached hereto and made a part hereof.
PERMANENT EASEMENT DESCRIPTION:
A fifteen (15) foot permanent easement of equal and uniform width located along the North side of an
existing 15 foot wide utility easement as recorded in Deed Book 1277 at Page 375 in the Office of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. This permanent easement is more
particularly described as beginning at the Grantor's East property line and extending West 197 feet, more
or less, to the East line of an existing 25 foot utility easement recorded in Deed Book 950 at Page 176 in
the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, containing 2,961
square feet (0.07 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 fifteen (15) feet in width being parallel with and contiguous
to the above described permanent easement and situated on the North side thereof. This temporary
construction and grading easement contains 2,960 square feet (0.07 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 or under construction within said temporary construction and grading easement area
during the construction of the hereinabove referenced project.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate •
first hereinabove described for the uses and purposes hereinabove set forth.
WATERISEWER EASEMENT • •
Klinger
Page 2 of 3
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with
cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the
construction, maintenance and operation as determined by three disinterested persons. One thereof to 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 pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
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
Timothy C. Klinger Christine Klinger
•
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
1999.
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 Timothy C. Klinger and Christine Klinger, husband and wife,
to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they 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 , 1999.
MY COMMISSION EXPIRES:
i
Notary Public
WATER/SEWER EASEMENT• •
Klinger
Page 3 of 3
EXHIBIT "A"
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
ARKANSAS STATE HIGHWAY COMMISSION
VS.
NO. CIV 99-519
PLAINTIFF
TIMOTHY C. KLINGER AND CHRISTINE KLINGER, HUSBAND AND WIFE DEFENDANTS
JOB NO: 004999
TRACT NO: 86
OWNERS AND/OR PARTIES OF INTEREST: Timothy C. Klinger and Christine Klinger, husband and wife
LEGAL DESCRIPTION:
TRACT NO. 86:
Part of the Northwest Quarter of the Southwest Quarter of Section 1 and the Northeast Quarter of the
Southeast Quarter of Section 2, Township 16 North, Range 30 West, Washington County, Arkansas, more
particularly described as follows:
Starting at the Northwest Comer of the Northwest Quarter of the Southwest Quarter of Section 1; thence
South 04" 21' 30" East along the West line thereof a distance of 340.55 feet to a point on the Easterly
proposed right of way line of Arkansas State Highway 265 for the point of beginning; thence South 21" 18'
49" East along the Easterly proposed right of way line of Arkansas State Highway 265 a distance of 28.65
feet to a point; thence South 15" 20' 21" East along said proposed right of way line a distance of 81.39 feet
to a point; thence South 14" 25' 32" West along said proposed right of way line a distance of 74.10 feet
to a point on the West line of the Northwest Quarter of the Southwest Quarter of Section 1; thence South
03" 24' 49" East along the Easterly proposed right of way line of Arkansas State Highway 265 a distance
of 250.06 feet to a point; thence South 26" 14 49" West along said proposed right of way line a distance
of 29.16 feet to a point on the Easterly existing right of way line of Arkansas State Highway 265; thence
North 04" 41' 51" West along said existing right of way line a distance of 525.00 feet to a point on the
Easterly proposed right of way line of Arkansas State Highway 265; thence South 210 18' 49" East along
said proposed right of way line a distance of 75.69 feet to the point of beginning and containing 0.26 acre,
more or less.
EASE' TRACT M. 66
TWOTHY & CHRISTINE XLTNCER
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Klinger
NW -SW -1-16-30 •
•
a and Deed Call Listin
Tract 1
Tract 2
Tract 3
Tract 4
Tract 5
Tract 6
Tract 7
Tract 8: 0.068 Acres:
Tract 9: 0.466 Acres:
39.635 Acres
39.819 Acres
0.399 Acres:
3.834 Acres:
0.262 Acres:
0.051 Acres:
0.068 Acres:
of File: 86-KLI-R.DES
160395.4 Sq Meters:
No significant closure error. : Perimeter = 5256 feet
161140.7 Sq Meters:
No significant closure error.: Perimeter = 5268 feet
17368 Sq Feet: 1613.5
Sq Meters: No significant closure error. : Perimeter = 1666 feet
167015 Sq Feet: 15516.2
Sq Meters: No significant closure error.: Perimeter = 2037 feet
11408 Sq Feet: 1059.8
Sq Meters: No significant closure error. : Perimeter = 1064 feet
2223 Sq Feet: 206.6
Sq Meters: No significant closure error.: Perimeter = 465 feet
2962 Sq Feet: 275.2
Sq Meters: No significant closure error. : Perimeter = 425 feet
2965 Sq Feet: 275.4
Sq Meters: No significant closure error. : Perimeter = 425 feet
20290 Sq Feet: 1885.0
Sq Meters: No significant closure error. : Perimeter = 1673 feet
001=n85.1532e 1320.69
002=s04.2130e 1305.95
003=s85.0643w 1320
004=n04.2323w 1309.33
005=@2
006=n85.1532e 1320.85
007=504.1655e 1322.21
008=s85.5752W 1319.08
009 n04.2130w 1305.95
010=@2
011=s85.1532W 23.80
012=s04.4151e 811.48
013=n86.0248e 19
014=n04.2130w 811.75
015=@2
�6=n85.1532e 207.49
7=s04.0348e 814.58
018=s86.0248w 203.30
019=n04.2130w 811.75
0202 AHTD r/w taking
021=/s04.2130e 340.55
022=s21.1849e 28.65
023=s15.2021e 81.39
024=s14.2532W 74.10
025=s03.2449e 250.06
026=s26.1449w 29.16
027=n04.4151 w 525.00
028=s21.1849e 75.7
029=@2 existing easement
030=/s04.2130e 811.75
031=/s86.0248w 19
032=n86.0248e 222.30
033=n04.0348w 10.00
034=s86.0248W 222.41
035=s04.4151e 10.00
036=@2 15' perm esmt
037=/s04.2130e 811.75
038=/s86.0248w 19
039=/n04.4151w 10
040=/n86.0248e 25
041=n86.0248e 197.41
I2=n04.0348w 15
3=s86.0248w 197.58
044=s04.4151e15
045=@2 15'temp. esmt.
046=/s04.2130e 811.75
047=/s86.0248w 19
048=/n04.4151w 25
049=/n86.0248e 25
050=n86.0248e 197.58
051=n04.0348w 15
052=s86.0247w 197.75
053=s04.4151e 15
054=@2 western 25' easement
055=/s85.1532w 23.80
056=s04.4151e 811.48
057=n86.0248e 25.00
058=n04.4151w 811.82
059=s85.1532w 25.00
Washington County P0al Estate Assessment &cord
Parcel Number 65-13321-001 Property Type TD
Location Address 01II
iI
Owner KLINGER, TIMOTHY C & CHRISTINE L
Mailing PO BOX 1064
Address
FAYETTEVILLE R 2702
Legal Description
!
i�
Current year 1999
Appraised Assessed
Land value 64,650 12,930
Imp. value 0 0
Total value 64,650 12,930
Lot II
Block
II
Section -Township -Range 1-16-30
Addition
1-16-30
FAYETTEVILLE OUTLOTS
Legal
PT NW SW 3.75 A. PT NE SE 2-16-30 0.42 A.
Deed
1/01/92 I I1443160 I
0
I 0.00 I
I 0
School
District
FAYETTEVILLE SCHOOLS
City
description
JFAYETTEVILLE
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IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
ARKANSAS STATE HIGHWAY COMMISSION PLAINTIFF -
VS. NO. CIV
_ c
TIMOTHY C. KLINGER AND CHRISTINE KLINGER, • S o
HUSBAND AND WIFE DEFEN S
ORDER OF POSSESSION
cA
On this day comes on to be heard the motion of
Plaintiff, Arkansas State Highway Commission, for an Order
of this Court granting it the right of immediate possession
of the lands designated as Tracts 86 and 86E, Job No.
004999, in the Complaint and Declaration of Taking filed
• herein; upon consideration whereof, and it being shown to
the Court that said lands were taken by Plaintiff pursuant
to the provisions of Ark. Code Ann. §§ 27-67-301 to -321
(Repl. 1994), and that estimated compensation for the taking
is now in the registry of this Court, the Court is of the
opinion that Plaintiff's motion should be granted.
IT IS THEREFORE CONSIDERED AND ORDERED that Plaintiff's
Motion for Immediate Possession be, and is hereby, granted,
and that Defendants be, and are hereby, ordered and directed
to immediately surrender possession of said lands to
Plaintiff; provided, this Order shall be held in abeyance
for a period of twenty (20) days after service of same upon
•
99011718
Defendants within which time Defendants may appear and show
cause why this order should not
APPROVED:
Robert L. Wilson, Chief Counsel
A E
990117'!9
11
•
[1
•
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
CD
ARKANSAS STATE HIGHWAY COMMISSION PLAID'IF.
Y � n
VS. NO. CIV 99_51
TIMOTHY C. KLINGER AND CHRISTINE KLINGER, -
HUSBAND AND WIFE DEFENTS
COMPLAINT AT LAW N to
� tJ cb
kf�
Plaintiff, Arkansas State Highway Commission, files
this complaint against the land described herein and the
parties hereto under the power of eminent domain and the
police power pursuant to the authority and provisions of Act
419 of the 1953 General Assembly of the State of Arkansas,
codified at Ark. Code Ann. §§ 27-67-301 to -321 (Repl.
1994), and in support thereof, states:
3
Plaintiff is the duly constituted agency of the State
of Arkansas charged by law with the construction and
maintenance of those highways and roads which comprise the
highway system of the State of Arkansas. The highway
hereinafter referred to is a part of the highway system of
the State of Arkansas.
004
In connection with Job No. 004999, more commonly known
as Highway 16 - Highway 45 Improvements (Highway 265),
Washington County, plans of which are on file at Plaintiff's
offices in Little Rock and with the Clerk of this Court,
• •
2
Plaintiff will construct and maintain highway facilities in
Washington County on the lands hereinafter described.
III
The tract of land described in Schedule "A" attached
hereto and made a part hereof is located in Washington
County, Arkansas, and is needed for highway purposes in
furtherance of said Job No. 004999, and it is necessary that
title in fee to Tract 86 and a temporary construction
easement on Tract 86E be vested in Plaintiff.
WHEREFORE, Plaintiff prays that the above described
land be condemned by order of this Court and that title in
fee to Tract 86, and a temporary construction easement on
Tract 86E, Job No. 004999, be adjudged and vested in
Plaintiff; that just compensation for the condemnation and
taking of said land be awarded to those parties entitled
thereto, and for such other relief as may be lawful and
proper.
ARKANSAS STATE HIGHWAY COMMISSION
RSbert L. Wilson, Chief Counsel
By: Mark J. Whitmore, #87188
Attorney for Plaintiff
Post Office Box 2261
Little Rock, AR 72203-2261
•
•I
91
SCHEDULE "A" TO COMPLAINT AT LAW
JOB NO: 004999
TRACT NO: 86
OWNERS AND/OR PARTIES IN INTEREST: Timothy C. Klinger and
Christine Klinger, husband and wife
LEGAL DESCRIPTIONS:
TRACT NO: 86
Part of the Northwest Quarter of the Southwest Quarter of
Section 1 and the Northeast Quarter of the Southeast Quarter
of Section 2, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of the Northwest Quarter of
the Southwest Quarter of Section 1; thence South 04° 21' 30"
East along the West line thereof a distance of 340.55 feet
to a point on the Easterly proposed right of way line of
Arkansas State Highway 265 for the point of beginning;
thence South 21° 18' 49" East along the Easterly proposed
right of way line of Arkansas State Highway 265 a distance
of 28.65 feet to a point; thence South 15° 20' 21" East
along said proposed right of way line a distance of 81.39
feet to a point; thence South 14° 25' 32" West along said
proposed right of way line a distance of 74.10 feet to a
point on the West line of the Northwest Quarter of the
Southwest Quarter of Section 1; thence South 03° 24' 49"
East along the Easterly proposed right of way line of
Arkansas State Highway 265 a distance of 250.06 feet to a
point; thence South 26° 14' 49" West along said proposed
right of way line a distance of 29.16 feet to a point on the
Easterly existing right of way line of Arkansas State
Highway 265; thence North 04° 41' 51" West along said
existing right of way line a distance of 525.00 feet to a
point on the Easterly proposed right of way line of Arkansas
State Highway 265; thence South 21° 18' 49" East along said
proposed right of way line a distance of 75.69 feet to the
point of beginning and containing 0.26 acre more or less.
TRACT NO: 86E (TCE)
Part of the Northeast Quarter of the Southeast Quarter of
Section 2, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
I
.. 4
Beginning at a point on the Easterly proposed right of way
line of Arkansas State Highway 265, said point being 50.00 •
feet right of and perpendicular to Construction Centerline
Station 141+91.67; thence South 04° 43' 10" East a distance
of 35.29 feet to a point; thence South 86° 02' 48" West a
distance of 10.01 feet to a point on the Easterly existing
right of way line of Arkansas State Highway 265; thence
North 04° 41' 51" West along said existing right of way line
a distance of 18.49 feet to a point on the Easterly proposed
right of way line of Arkansas State Highway 265; thence
North 26° 14' 49" East along said proposed right of way line
a distance of 19.44 feet to the point of beginning and
containing 0.01 acre more or less.
HIGHWAY 265 WATER/SEWER RELOCATIONS
CASE HISTORY
Anthony T. De Palma
Parcel No. 765-14215-000
Oct. 26, 1999 Packet mailed to Dr. De Palma containing offer letter, drawings, and
easement document. Total offer amount $100.00 (minimum amount)
for both permanent and temporary easements.
Oct. 28, 1999 Dr. De Palma
stopped
in at City
Hall to
discuss project. Promised to
come in next
Tuesday
(Nov. 2)
to sign
document.
Nov. 2, 1999 Dr. De Palma
stopped by
again,
but did not bring documentation. He
is turning the
matter over
to his
attorney for review.
Dec. 3, 1999 We have yet to hear anything more from either Dr. De Palma or his
attorney.
Dec. 14, 1999 Notification letter regarding request of appraisal and possible
condemnation proceedings mailed certified.
Dec. 17, 1999 Certified letter returned as undelivered. Dr. De Palma came in later
in the day --letter was hand delivered. Apparently unsatisfied with
offer amount; however, counter offer has not been made.
Dec. 23, 1999 Appraisal received from Mark Risk, the Real Estate Consultants.
Dec. 29, 1999 Revised offer prepared and sent to Dr. De Palma, based on appraisal.
Jan. 3, 2000 Notification of January 18, 2000, City Council meeting. Sent certified.
FAYETTEVIfLE �
I
THE CITY OF FAYETTEVILLE, ARKANSAS
December 27, 1999
VIA CERTIFIED MAIL
Anthony T. De Palma, Trustee
Anthony T. De Palma Revocable Trust
1815 Rockwood Trail
Fayetteville, AR 72701
RE: Highway 265 Water/Sewer Relocations
Job No. 97043
Tract No. 24
Notification of Council Meeting
Dear Dr. De Palma:
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 your property. is
being presented to City Council for first reading at their meeting on January 18, 2000, 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 easements. Please contact Jill Goddard at (501).444-3407 or Ed
Connell at 444-3415.
Sincerely yours,
/Ji Beavers
City Engineer
JB/jsg
•
11a WF.STIAOUNTAIN 72701 501 521-7700
o
STAFF O �/
X AGENDA REQUEST 'JAN 0 4 2000
_ CONTRACT REVIEW
GRANT REVIEW CRY OF FAY_I EVILLE
CITY CLERK'S OFFICE
For the Fayetteville City Council meeting of January 18. 2000
FROM:
Jill Goddard Engineering Public Works
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 properties are owned by Anthony T. De Palma (Parcel No. 765-14215-000),
Jean and David Randle (Parcel No. 765-05032-000), and Timothy C. and Christine Klinger (Parcel No. 765-13321-001).
COST TO CITY:
$ 7.700.00
Cost this Request
5400-5600-5808-00
Account Number
97043-30
Project Number
'i
$ 3.999 559
ategory)Pro'ect BudEet
$ 2.067.787
Funds Used To Date
$ 1.931.772
Remaining Balance
BUDGET REVIEW: X Budgeted Item
u g t Coordinator
CONTRACT/GRANT/LEASE REVIEW:
Highway 265 - W/S Relocations
Category/Project
Water & Sewer Improvements
Program Name
Water & Sewer
Fund
Budget Adjustment Attached
Administrative Services Director
GRANTING AGENCY:
/—'/—O
Date Internal Auditor Date
-UO
Date ADA Coordinator Date
II�_oo-'1
Date
STAFF RECOMMENDATION: Have been unable to reach agreement with property owners for reasonsas explained in the followirg
memorandum. Staff recommends condemnation approval, along with an emergency clause, on these properties such that contractor
will not be delayed in initiating this project.
far. r} loov
Date ~ Cross Reference
/_100 New Item: Yes X No
Date
'� Prey Ord/Res >Y:
Date
fl Orig Contract Date:
ate
STAFF REVIEW FORM
Description Condemnations --Highway 265 - Water/Sewer Relocations Meeting Date January 18. 2000
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEV1tLE �
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
To: Ed Connell, Engineering
From: Heather Woodruff, City Clerk
Date: February 9, 2000
Attached is
a copy
of the ordinance authorizing eminent domain proceeding
for property located
along Hwy
265 for
your records. The original will be microfilmed and filed
with the City Clerk.
cc: LaGayle McCarty, Assistant City Attorney