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
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EASTWOOD SUBDIVISION
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"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
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