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ORDINANCE N0. 4229_ I� M�
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
AND TEMPORARY EASEMENTS OVER, UNDER AND
ACROSS LAND LOCATED AT 6T" STREET AND 71 -B
OWNED BY THE ESTATE OF LONNIE L. AND HAZEL J.
SHOOK FOR INTERSECTION IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE VILLE,
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 at 60h Street and 71 -B owned
by the Estate of Lonnie L. and Hazel J. Shook for intersection improvements
See Exhibit "A" attached hereto and made a part hereof.
EItj Lo
IP P AND APPROVED this 71h day of March , 2000.
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APPROVED:
By:
Fred ansa, Mayor
ATTEST:
By:
Heather Woodruff, City rk
2000019668
' • ORD . 4229
EXHIBIT A rs
Exhibit "A"
Property Owners:
The Estate of Lonnie L. and Hazel J. Shook
Property Description:
Lots 1 , 25 35 41 5 and 6 in Block Numbered 10 of Ferguson's Addition to the City
of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the
Circuit Clerk of Washington County, Arkansas.
Temporary Construction Easement Description:
A part of Lots 5 and 6, Block 10, of Ferguson's Addition to the City of Fayetteville,
Arkansas, as per plat of said subdivision recorded in Book 4 at Page 203 in the
Office of the Circuit Clerk of Washington County, Arkansas and being more
particularly described as follows: Commencing at the Southeast comer of said Lot
6 and running North 01 °07'58" East - 10.45 feet along the East line of Lot 6 to the
Point of Beginning, said pont begin where the proposed North right of way line of
6ih Street intersects the East line of Lot 6; thence along the East line of said Lot 6
North 01 '07'58" East - 10. 10 feet; thence leaving the East line of Lot 6 and running
North 85°02'54" West - 124.04 feet; thence North 00127' 16" East - 44.25 feet;
thence North 89°32'44" West - 19.68 feet to a point of on the West line of Lot 5 ;
thence South 01*07'58" West - 10.00 feet to a point on the North line of the
proposed Permanent Drainage Easement; thence leaving the West line of Lot 5 and
running along said proposed Permanent Drainage Easement line South 89°32'44"
East - 9.80 feet; thence South 00°27' 16" West - 40.00 feet to a point on the
proposed North right of way line of 6t° Street; thence along the proposed North
right of way line of 6`h Street South 00 °276" West - 13.53 feet; thence South
85102'54" East - 119.37 feet; thence North 59014'31 " East - 17.01 feet to the Point
of Beginning, containing3, 143 ft', more or less,
The bearings for this description are based on the City of Fayetteville Global
Positioning Satellite System, which may vary from the bearing system previously
used in describing the subject property,
Permanent Drainage Easement Description:
Apart of Lots 5 and 6, Block 10, of Ferguson's Addition to the City of Fayetteville,
Arkansas, as per plat of said subdivision recorded in Book 4 at Page 203 in the
Office of the Circuit Clerk of Washington County, Arkansas and being more
particularly described as follows: Commencing at the Southwest corner of said Lot M
6 and running North 01'07'58" East - 25 .67 feet to the Point of Beginning, said X
point being where the proposed North right of way line of 6 " Street intersects the
West line of Lot 6; thence leaving the proposed North right of way line of 6ih Street
and running along the West line of Lot 6 and 5, North 01'07'58" East - 40.00 feet CU
200001 9669 D
ORD . 4229
• EXHIBIT A
to a point where the North line of the proposed Permanent Drainage Easement
intersects the West line of Lot 5; thence leaving the West line of said Lot 5 and
running along the Permanent Drainage Easement line South 89°32'44" East - 9.80
feet to a point of the proposed North right of way line of 6h Street; thence along the
proposed North right of way line of 6 ° Street North 89°32'44" West - 10.27 feet to
the Point of Beginning, 401 ft2, more or less,
The bearings for these descriptions are based on the City of Fayetteville Global
Positioning Satellite System, which may vary from the bearing system previously
used in describing the subject property.
Fee Simple Acquisition Property Description:
A part of Lot 6, Block 10 of Ferguson's Addition to the City of Fayetteville,
Arkansas, as per plat of said subdivision recorded in Book 4 at Page 203 in the
Office of the Circuit Clerk of Washington County, Arkansas and being more
particularly described as follows: Beginning at the Southeast corner of said Lot 6
and running West - 144 feet along the South line of said Lot 6; thence North
01'07'58" East - 25 .67 feet along the West line of said Lot 6 and the East line of a
12 foot wide alley to a point where the proposed North right of way line intersects
the West line of Lot 6; thence leaving the West line of Lot 6 and ruining along the
proposed North right of way line of 6`s Street South 89032'44" East - 1 .27 feet;
thence South 00°27' 16" West - 13 .53 feet; thence South 85°02'54" East - 119.37
feet; thence North 59°14'31 " East - 17.01 feet to a point on the East line of Lot 6;
thence South 01'07'58" West - 10.45 feet to the Point of Beginning, containing
1 , 177 ft2, more or less.
The bearings for this description are based on the City of Fayetteville Global
Positioning Satellite System, which may vary from the bearing system previously
used in describing the subject property.
M
x
03
2000019670
I, Kathleen Harness, Circuit DON and Ex-officio
cRecorder
rtify thatcths Washington
Instrument was ri®d i®r araoorhereby
nl remy
Office as IndIcOtOd hereon and tho
recorded with the ack owi dgerna68 and certificatmd 16 now e �!
thereon in Record Book and Pepe n indicated thereon.
eunto set my
hand and affixed the seat Of 9210 COurt on the date indi-
cated hereon.
Kathleen Harness
ircu t .Ier4 and FxroRlcin Reccrder
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
Dy od ya . x.2.2
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: February 11 , 2000
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Works Director
Jim Beavers, City Engineer 6
FROM: Ed Connell, City Land Agee!
RE: 6th Street and 71 -B Intersection Improvement
Property of the Estate of Lonnie L. And Hazel J. Shook
NW Corner of Locust and 6th Street
Possession by Power of Eminent Domain
The City is in the final stages of implementing a plan to add a North turn lane to 6th Street, East of the
intersection of School Street (Hwy 71 -B). Three properties are involved in this improvement, two on the
North side of 6th Street and one on the South side. The Eastern most property on the North side is titled in
the names of Lonnie L. Shook and Hazel J. Shook. In recent years, the property and building were leased to
Franklin Roofing Co.
The City requires the purchase of some additional right of way, as well as, the acquisition of some permanent
drainage easement and some temporary construction easement for the implementation of this job. Mr. Shook
passed away three or four years ago, with Mrs. Shook being the surviving spouse. Two weeks ago, Mrs.
Shook also passed away, leaving no direct heirs to her estate. Since the estate will have to go through
Probate to establish ownership on the subject property, staff is hereby requesting Council approval to seek
court order possession of the required land purchase and easements. The time required to probate the estate
will far exceed what we need in the completion of this project. At this time, we do not know who will
function on behalf of the estate.
Attached, please find a copy of an offer letter sent in the name of Mr. and Mrs. Shook (title owners) which
outlined the requirements of the City, as well as the offers made for these acquisitions based upon an
independent appraisal of such acquisitions. As noted therein, $2,400 was offered for 1 , 177 ft2 of land to be
acquired in fee simple, $200 for 401 ft= of permanent drainage easement and $650 as rental for lands
associated with 3, 143 ftz of temporary construction easement, making a total offer of $3,250. This amount
will be deposited with the court and become part of the probate action when that occurs. Last known address
of Mr. or Mrs. Shook is shown in the attached letter.
PROPERTY DESCRIPTION:War� Deed; Book 580, Page 352 01 .
Lots 1 ,2,3,4,5 and 6 in Block Numbered 10 of Ferguson's Addition to the City of Fayetteville, Arkansas, as per
plat of said Addition on file in the Office of the Circuit Clerk of Washington County, Arkansas.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
A part of Lots 5 and 6, Block 10, of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat of said
subdivision recorded in Book 4 at Page 203 in the Office of the Circuit Clerk of Washington County, Arkansas
and being more particularly described as follows: Commencing at the Southeast corner of said Lot 6 and
running North 01 ° 07 ' 58" East - 10.45 feet along the East line of Lot 6 to the Point of Beginning, said point
being where the proposed North right of way line of 6th Street intersects the East line of Lot 6; thence along the OR OP45
East line of said Lot 6 North 01 ° 07' 58" East - 10. 10 feet; thence leaving the East line of Lot 6 and running EAS
North 85" 02' 54" West - 124.04 feet; thence North 000 27' 16" East - 44.25 feet; thence North 89" 32' 44" -bese
West - 19.68 feet to a point on the West line of Lot 5; thence South 01 ° 07' 58" West - 10.00 feet to a point on
the North line of the proposed Permanent Drainage Easement; thence leaving the West line of Lot 5 and
running along said proposed Permanent Drainage Easement line South 890 32' 44" East - 9.80 feet; thence
South 000 27' 16" West - 40.00 feet to a point on the proposed North right of way line of 6th Street; thence
along the proposed North right of way line of 6th Street South 000 27 ' 16" West - 13.53 feet: thence South 85"
02' 54" east - 119.37 feet; thence North 59" 14' 31 "East - 17.01 feet to the Point of Beginning, containing
3, 143 ft', more or less,
The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System,
which may vary from the bearing system previously used in describing the subject property,
PERMANENT DRAINAGE EASEMENT DESCRIPTION :
A part of Lots 5 and 6, Block 10, of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat of
said subdivision recorded in Book 4 at Page 203 in the Office of the Circuit Clerk of Washington County,
Arkansas and being more particularly described as follows: Commencing at the Southwest corner of said
Lot 6 and running North 01 ° 07' 58" East - 25.67 feet to the Point of Beginning, said point being where the
proposed North right of way line of 6th street intersects the West line of Lot 6; thence leaving the proposed
North right of way line of 6th Street and running along the West line of lot 6 and 5, North 01 ° 07' 58" East -
40.00 feet to a point where the North line of the proposed Permanent Drainage Easement intersects the West
line of Lot 5; thence leaving the West line of said Lot 5 and running along the Permanent Drainage Easement
line South 890 32' 44" East - 9.80 feet to a point on the proposed North right of way line of 6th Street; thence
along the proposed North right of way line of 6th Street North 89" 32' 44" West - 10.27 feet to the Point of
Beginning, containing 401 ft', more or less,
The bearings for these descriptions are based on the City of Fayetteville Global Positioning Satellite System,
which may vary from the bearing system previously used in describing the subject property,
FEE SIMPLE ACQUISITION PROPERTY DESCRIPTION:
A part of Lot 6, Block 10 of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat of said
subdivision recorded in Book 4 at Page 203 in the Office of the Circuit Clerk of Washington County, Arkansas
and being more particularly described as follows: Beginning at the Southeast corner of said Lot 6 and running
West 144 -feet along the South line of said Lot 6; thence North 01 ° 07' 58" East - 25.67 feet along the West
line of said Lot 6 and the East line of a 12 foot wide alley to a point where the proposed North right of way line
intersects the West line of Lot 6; thence leaving the West line of Lot 6 and running along the proposed North
right of way line of 6th Street, South 890 32' 44" East - 1 -.27 feet; thence South 000 27' 16" West - 13.53 feet;
thence South 850 02' 54" East - 119.37 feet; thence North 590 14' 31 " East - 17.01 feet to a point on the East
line of Lot 6; thence South 01 ° 07' 58" West -10.45 feet to the Point of Beginning, containing 1 , 177 ft', more or
less.
The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System,
which may vary from the bearing system previously used in describing the subject property.
FAYETTEVtLE
THE CITY OF FAYETTEVILLE, ARKANSAS
January 31 , 2000
Lonnie L. Shook and Hazel J . Shook
602 West 15th Street
Fayetteville, AR 72701
RE: 6th Street & 71 -B Intersection Improvement
Lot #6, Block #10, Ferguson Addition
Tract #1
Dear Mr. and Mrs. Shook:
The City of Fayetteville has finalized the design and is about to begin an improvement to
6th Street, part of which involves an expansion and alignment of the intersection at School
Avenue. A right turn lane, off of 6th Street going North onto School is to be installed. This
additional lane will also align itself with the North lane of 6th Street, West of School. The City will
further provide some additional radius for trucks turning off of School Ave. going East on 6th
Street. This additional turn lane will affect the parking lot and front apron (Lot #6, Block 100
Ferguson's Addition) to the building on 6th Street at Locust Ave.
Included , please find a diagram which illustrates the anticipated requirements in terms of
fee simple road right of way and temporary construction easement necessary for this project.
Most of the intersection work is located on the North side of 6th Street and will affect the South
part of your property and the property to the West belonging to Mr. and Mrs. Jr. Mabry. Our
engineers have asked for a 20 foot wide Temporary Construction Easement on the North side of
the new street right of way to be able to work the area without closing down 6th Street. This
Temporary Easement will terminate completely at the end of the project. Another aspect of this
project will require the clean-out and improvement of the drainage channel which flows within a 12
foot alley East of the building . The City engineers, however, are requesting a 10 foot wide
permanent drainage easement, approximately 40 feet long and adjacent to the alley way, which
would provide an improvement within the channel itself and the ability of the City to maintain the
channel thereafter.
The City of Fayetteville had an independent appraiser value the anticipated requirements
from you on this City project. In the opinion of the appraiser, the functionality of the building and
the operation of the commercial facility would not be affected by the land that was required for this
project. The appraiser valued the land at $2.00 per square foot ($87, 100 per/acre). Permanent
Drainage Easement was valued at $0.40/ sq . ft.(20% of land value) while Temporary Construction
Easement was valued at $0.20 /sq . ft( 10%of land value). The City of Fayetteville hereby offers
$2,400.00 for the fee simple acquisition of 1 , 177 square feet of street right of way; $200.00 for 401
Sq . Ft. of drainage easement; and $650.00 as rental of the lands associated with the Temporary
Construction Easement (3, 143 feet square); making a total offer amount of $3,250.00 .
Should you accept this offer, the Warranty Deed , Drainage Easement and the Temporary
113 WEST MOUNTAIN 72701 501521-7700
FAX 501575-8257
Lonnie L. And Hazel J . Shoo* '
January 31 , 2000
Page 2
Construction Easement contained herein should be executed by all parties with current ownership
in the particular property. The documents should be notarized and returned to the City of
Fayetteville. A City Land Agent will be pleased to witness your signatures and notarize such
document if you will advise us accordingly. Upon receipt of these documents, a check will be
requested and you will be paid the amount indicated in this offer letter.
We anticipate a time frame of 8-10 weeks that the South entry into this business and the
parking lot will experience interruption and inconvenience to the operation of the business at this
location . The use of the North gate on this property(5th Street) will be necessary to reach the
parking areas West of the building . The project will specify that a security fence is to be installed
along the North and East boundaries of the Temporary Construction Easement. This fence , or an
equivalent new fenceand gate, will be placed on the North and East boundaries of the new right of
way and permanent drainage easement lines at the end of the project. The City can only
compensate the property owner. Any recompense between lessor and lessee, as a result of City
action , must be made between those parties.
If you make a final rejection of this offer, you do have certain legal rights which are outlined
hereafter. Upon finalrejection of this offer, and if the City of Fayetteville elects to do sd, a suit of
condemnation may be filed . The amount of just compensation for the acquisition or 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.
If you do not elect to accept the amount deposited as just compensation , then you may
withdraw the amount placed on deposit without prejudice to your rights to claim additional
compensation . In this event, you will be entitled to a trial by jury in the Circuit Court to determine
just compensation for your lands condemned . In either event, payment of the estimated just
compensation will be made available to you .
We, however, ask that you accept the offer made herein by executing the attached
Warranty Deed, Drainage Easement, and Temporary Construction Easement. Reduced copies of
the documents are included herewith for your retention . We can provide you with copies of the
recorded documents upon your request and at the appropriate time. Please provide us with a Tax
Identification Number (for Corporations) or Social Security Number so that a check can be written .
A Vendor Form is provided for this purpose and should be returned to the City.
A City Land Agent will be pleased to meet with you at your convenience and discuss all
phases of this project and the associated documents. Please contact Ed Connell at (501 ) 444-
34151 Jill Goddard at (501 ) 444-3407 , or myself at (501 ) 575-8206, if we can be of assistance.
Sincerely yours,
Jim Beavers,
City Engineer
Enclosures
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Data and Deed Call Listing of File: PROJ-NEW.DES
+Tract 1 : 0. 165 Acres: 7199 Sq Feet: 668.8 Sq Meters: No significant closure error. : Perimeter = 388 feet
Tract 2: 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: Closure = s01 .0758w 75.00 feet: Precision =1/ 1 : Perimeter = 75 feet
Tract 3 : 0.060 Acres: 2631 Sq Feet: 244.4 Sq Meters: No significant closure error. : Perimeter = 346 feet
Tract 4: 0. 165 Acres: 7199 Sq Feet: 668.8 Sq Meters: No significant closure error. : Perimeter = 388 feet
Tract 5: 0.023 Acres: 1000 Sq Feel: 92.9 Sq Meters: No significant closure error. : Perimeter = 220 feet
Tract 6: 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: Closure = sOL0758w 75.00 feet: Precision =1/ 1 : Perimeter = 75 feet
Tract 7: 0.005 Acres: 215 Sq Feet: 20.0 Sq Meters: No significant closure error. : Perimeter = 71 feet
Tract 8: 0.027 Acres: 1176 Sq Feet: 109.3 Sq Meters: No significant closure error. : Perimeter = 340 feet
Tract 9: 0. 165 Acres: 7199 Sq Feet: 668.8 Sq Meters: No significant closure error. : Perimeter = 388 feet
Tract 10: 0.018 Acres: 779 Sq Feet: 72.4 Sq Meters: Closure = s01 .2447w 40.01 feet: Precision =1 / 8: Perimeter = 329 feet
Tract 11 : 0.007 Acres: 318 Sq Feet: 29.6 Sq Meters: No significant closure error. : Perimeter = 96 feet
Tract 12: 0.009 Acres: 401 Sq Feet: 37.3 Sq Meters: No significant closure error. : Perimeter = 100 feet
-Tract 13 : 0.072 Acres: 3144 Sq Feet: 292. 1 Sq Meters: No significant closure error. : Perimeter = 408 feet
Tract 14: 0. 165 Acres: 7199 Sq Feet: 668.8 Sq Meters: No significant closure error. : Perimeter = 388 feet
Net Area= 0.093 Acres: 4054 Sq Feet: 376.7 Sq Meters
00I=S90W 114 042=s85.0254e 119.37 083=501 .0758W 10. 10
002=s90.Ow 20 043=n59. 1431e 17.01 084=559. 1431 W 17.01
003=s90.Ow 10.00 044=s01 .0758W 10.45 085=N85.0243W 119.37
004=n01 .0758e 50 04S=n90.Ow 144 086=N00.2716E 13.53
005=00.0E 10.00 046=@32 Lot 6 087=N00.2716E 40.00
006=s90.0e 134.00 047='n01 .0758e 50 088=n89.3244w 9.79
007=s01 .0758w 50 048=••n90.0e 144 089=@32 Lot 5
008=@l 049='sOI .0758w 50 090=/NO1 .0758E 50
009=N01 .0758E 75 050=s90.Ow 144 091=•NOI .0758E 50
010=@1NEW ROW #7 051=@1TCE #7 092=S90.OE 144
011 =s90W 114 052=/N01 .0758E 25.77 093=SOI .0758W 50
012=N42. 1920W 29.07 053=N89.3244W 7.72 094=••N90.OW 144
O13=NOI .0758E 22.41 054=500.2716W 11 . 17
014=••s46.4855e 35.48 055="N85.0254W 53. 16
015=s89.3244e 47.00 056="N89.3244W 47.00
016=s85.0254e 53. 16 057=N46.4855W 29.46
017=N00.2716E 11 . 17 058=589.3244E 69.44
018=589.3244E 7.72 059=585.0254E 42.33
019=501 .0758 W 25.77 060=N00.2716E 40.33
020=@5 061 =589.3244E 18.31
021 =NO 1 .0758E 50 062=50.010758W 10.00
022=S90e 144 063=@1 Drainage #7
023=SOI .0758W 50 064=/N01 .0758E 25.77
024=N90w 144 065=N89.3244W 7.72
025=@4 066=NOO.2716E 40.00
026=S90E 10 067=589.3244E 8. 19
027=NOI .0758E 100 068=501 .0758W 40
028=N90W 10 069=@1Drainage #6
029=501 .0758W 100 070=/S90.OE 12
030=@l 071 =/NO1 .0758E 25.67
031 =/s90.OE 12 072=N01 .0758E 40
032=n01 .0758e 75 073=s89.3343e 9.80
033=@I 074=SOO.2716W 40.00
034=/n90.Ow 114 075=N89.3244W 10.27
035=n90.Ow 20 076=@l TCE-#6
036=n01 .0758e 21 .5 077=/S90.OE 12
037=••s42. 1920e 29.07 078=/N01 .0758E 65.67
038=@32 N.ROW #6 079=N01 .0758E 10
039=n01 .0758e 25.67 080=S89.3244E 19.68
040=s89.3244e 10.27 081=500.2716W 44.25
041 =s0.2716w 13.53 082=585.0254E 124.04
6th Street Improvement Project
--- - - - - --
N89°32'44"W
Shook Property
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Proposed additional R/W for 6th Street Improvement (0.026 acre)
6th Street