HomeMy WebLinkAboutOrdinance 4229 C=)
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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.
F
7 :n
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
Aww
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3- -D
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
x Tract # 1
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Lot 6, Block 10 Ferguson's Addition o
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Proposed additional R/W for 6th Street Improvement (0.026 acre)
6th Street
0
Data and Deed Call Listing of File: LOT6-NEW.DES
Tract 1:
0.027 Acres:
1176
Sq Feet:
109.2
Sq Meters:
No significant closure error.:
Perimeter = 340 feet
Tract 2:
0.165 Acres:
7199
Sq Feet:
668.8
Sq Meters:
No significant closure error.:
Perimeter = 388 feet
Tract 3:
0.072 Acres:
3143
Sq Feet:
292.0
Sq Meters:
No significant closure error.
: Perimeter = 408 feet
Tract 4:
0.165 Acres:
7199
Sq Feet:
668.8
Sq Meters:
No significant closure error.:
Perimeter = 388 feet
Tract 5:
0.009 Acres:
401 Sq Feet:
37.3 Sq Meters: No significant closure error.:
Perimeter = 100 feet
001=N90E 144
002=NOI.0758E 10.45
003=S59.1431 W 17.01
004=N85.0254W 119.37
005=NOO.2716E 13.53
006=S89.3244W 10.27
007=s01.0744w 25.51
008=@l Lot 6
009=S90.0e 144
010=N01.0758E 50
011=N90.0w 144
012=SOI.0758W 50
013=@3 TCE
014=NO1.0758E 10.10
015=N85.0254W 124.04
016=NOO.2716E 44.25
017=1489.3244W 19.68
018=SOI.0758W 10
019=S89.3244E 9.80
020=S0.2716W 40
021=S0.2716W 13.53
022="585.0254E 119.37
023=••N59.1431E 17.0
024{x31 Lot 5
025=/N01.0758E 50
026=N01.0758E 50
027=S90.OE 144
028=SO1.0758W 50
029=s90.0000w 144.00
030-@1 DrainEsmt.
031=/N01.0758E 25.67
032=NOI.0758E 40
033=••589.3244E 9.80
034='•SOO.2716W 40.0
035=••N89.3244W 10.27
APPRAISAL REPORT
FOR
CITY OF FAYETFEVILLE
Limited Summary Appraisal Report
PROJECT Sixth Street & School Ave. Improvements (Project No. 96044)
• COUNTY Washington
• PARCEL # 765-05447-000
LOCATION 302 W. 6'" St., Fayetteville, AR - ..
FEE OWNER Lonnie L. and Hazel J. Shook
ADDRESS 602 West 15' Street, Fayetteville, AR 72701
ESTATE APPRAISED Fee Simple
AREA OF WHOLE .99 acres AREA OF RESIDUAL .963 acres
AREA OF PERMANENT R -O -W ACQUISITION 1,177 sq. ft. or .027 Ac.
(Descriptions attached)
Permanent Drainage Easement 401 sq. ft. or .009 acre
Temporary Construction Easement 3,143 sq. ft. or.07 Ac.
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land $ 86,400
• Improvements $ NA
Total $ 86,400
After
Land $ 84,000
Improvements NA
Total 84 000 _
FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION $ 2,400
As of 11th day ofNovember 1999
ALLOCATION OF F.M.V. OF TOTAL ACQUISITION
R -O -W 1,177 SF @ $2.00/SF = $ 2,354 Say $ 2,400
Drainage Esmt. 401 SF @ $2.00/SF x .20 = $ 160 Say$ 200
T.C.E.• 3,143 SF @ $2.00/SF x .10 x l = $ 629 Say $ 650
Trees None $ 0
Improvements: None $ 0
Total R -O -W, D.E., T.C.E., & Improvements $ 3,250
• Damages or Benefits: None $O0
Total Compensation $ 3,250
• >�uiJ- "Ii;,
ATTACHMENTS:
�TFTE +•v o.
X Certificate of Appraiser rn1 flaO
X Photographs App iser, Mark E. Risk GAA,.ACGd201
X Site, Improvement, H&B Use Narrative '
X Legal Descriptions / \ lyo, CGS=-.
X Market Data Approach _.
�_.....
X Survey �iii^AfiFCC,,
X Tax Assessment Card
• Drainage Easement value is based upon 20% of fee simple land value.
Temporary Construction Easement (T.C.E.) value is based upon the fee simple land value multiplied
times the Current Yield on I Year CDs for a 1 year period plus a premium for inconvenience.
r
Project No. 96044
West 6th Street Improvement
Parcel No. 765-05447-000
Tract No. I
WARRANTY DEED
HUSBAND AND WIFE
(With Relinquishment of Curtesy and Dower)
BE IT KNOWN BY THESE PRESENTS:
THAT WE. Lonnie L. Shook and Hazel J. Shook, husband and wife,
hereinafter called GRANTORS, 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, do hereby grant, bargain, sell and convey unto the City
of Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
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 89 32' 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 ftt, 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.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same Is unencumbered, and that the Grantors will forever warrant and defend the title to
the said lands against all legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curtesy and homestead in and to said lands.
WITNESS the execution hereof on this day of , 1999.
Lonnie L. Shook
__......_...- STATE OF ARKANSAS
COUNTY OF WASHINGTON
Hazel J. Shook
ACKNOWLEDGMENT
N:!
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 Lonnie L. Shook and Hazel J. Shook, 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.
Notary Public
MY COMMISSION EXPIRES:
r
Project No. 96044
Project: West 6th Street Improvement
Parcel No. 765-05447-000
Tract No. 1
DRAINAGE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Lonnie L. Shook and Hazel J. Shook, 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, do 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 to excavate, construct, maintain, repair and/or replace an earthen retaining levy, drainage tile area, open
ditch, concrete channel and/or concrete inlet box on, over, and through the following described land situated in the
County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: Warranty Deed, Book 580, Page 352
Lots 1,2,3,4,5 and 6, Block 10, Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat
of said Addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas.
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 89 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 ftr, 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,
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.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, 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 pay any damages which may arise to growing crops or fences from the
above described construction, maintenance and operation as determined by three disinterested persons. One of
whom shall 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 drainage structures within the above described
permanent 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 1999.
L. Shook Hazel J. Shook
Lonnie L. shook and Hazel J. Shook
Lots 5 & 6, Bik 10, Ferguson's Addition
Permanent Drainage Easement
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
1 ss.
COUNTY OF WASHINGTON
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 Lonnie L. Shook and Hazel J. Shook, 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
Notary Public
MY COMMISSION EXPIRES:
� M
Project No. 96044
West 6th Street Improvement
Parcel No. 765-05448-000
• .. Tract No. 1
TEMPORARY CONSTRUCTION EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Lonnie L- Shook and Hazel J. Shook, 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, do 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 temporary
construction easement on, over, and through the following described land situated In the County of Washington,
State of Arkansas, for construction purposes necessary In the with widening of 6th Street, to -wit:
PROPERTY DESCRIPTION:Warranty Deed; Book 580, Page 352
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 016 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 East line of said Lot 6 North 0f 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 00' 27' 16' East - 44.25 feet;
thence North 89 32' 44" 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
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 6th Street; thence along the proposed North right of way line of 6th Street South 00'
27' 16West - 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 ftt, 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,
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 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 easement shall exclude any permanent
structure presently located within said temporary construction easement area.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free
Ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set
forth.
The consideration first above recited as being paid to the 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 day of , 1999. ..
Lonnie L Shook Hazel J. Shook
Temporary Construction Easement
Lonnie L. Shook and Hazel J. Shook
West 6th Street Improvement
Tract 1
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
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 Lonnie L. Shook and Hazel J. Shook, 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.
notary Public
MY COMMISSION EXPIRES:
FAYETTEVI�LE
THE CITY OF FAYETTEVILLE, ARKANSAS
11
E4
VENDOR FORM
PLEVE RETURN TO:
CITY OF FAYETTEVILLE
113 W. MOUNTAIN
FAYETTEVILLE, AR 72701
(501) 444-3414
FAX: (501) 575-8316
Vendor#
(For Office Use Only)
According to the Federal Income Tax Law, the City is required to obtain the information listed
below from all individuals and companies with whom we do business. Failure to comply may
subject you and/or your company to certain penalties, as well as withholding tax.
Please complete the following:
Sole Proprietorship
Corporation
Partnership
Tax-exempt organization under Section 501(a)
Foreign Government
_______ Individual
Other (please explain)
Tax Identification number:
Federal employer identification number
OR
Social Security number (for individual or sole
proprietors)
I certify that the above information is true and correct.
Lonnie L. Shook / Hazel J. Shook
Name of Individual or Business
602 West 15th Street
Address
Fayetteville, AR 72701
City, State, Zip Code
Signature
Date
Title
Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX
number.
113 WEST MOUNTAIN 72701 501 521.7700
FAX 501 575-8257
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• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
21
For the Fayetteville City Council meeting of March`R. 2000
FROM:
ACTION REQUIRED: Approval of an ordinance authorizing the City Attorney to seek court ordered possession of land,
permanent drainage easement area and temporary construction easement area from part of Lots No. 5 & 6, Block
No.10, Ferguson's Addition, being a part of property owned by the Eastate of Lonnie L. And Hazel J. Shook.
/ as Ti& 6kie/s:'✓ cF 6)4 S c r fwo 'roc rf•w7/ 3 TA 7hw-Svtno.r imP.tovcwv yr
COST TO CITY:
3,350.00
Cost of this Request
4470-9470-5809.00
Account Number
$ 365.649
Category/Project ject Budget
$ 159.594
Funds d To Date
6th Street Ext. to Huntsville
Category/Project Name
Program Na e
96044 $ 206.055 Sales Tax CIP
Project Number Remaining Balance Fund
BUDGET REVIEW: _ Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
NTING AGENC
nal /oa
Da I rAuditor Date
ate ADA Coordinator Date
?-f-0O
Date
STAFF RECOMMENDATION: City has no choice but to pursue via the courts due to the circumstances.
2- // AGUE
Date Cross Reference
Z4?7- New Item: Yes X No
Date
' DO Prev Ord/Res #:
Orig Contract Date:
Date
EJ
STAFF REVIEW FORM
Description Condemnation of Lots 5 & 6. BIk 10. Furegson's Addition. 6th St. Improve Meeting Date 03-07-2000
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Comments:
Page 2
ORDINANCE NO.4229
AN ORDINANCE AUTHORIZ-
ING EMINENT DOMAIN PRO-
CEEDINGS FOR THE CITY TO
OBTAIN PERMANENT AND
TEMPORARY EASEMENTS
OVER, UNDER AND ACROSS
LAND"LOCATED AT 6TH
STREET AND 71-B OWNED
BY THE: ESTATE OF LONNIE
L. AND HAZEL J. SHOOK FOR
INTERSECTION IMPROVE-
MENTS.
BE IT ORDAINED BY THE
CITY COUNCIL OFTHE CITY
OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council
authorizes and directs the city
attorney of the City of Fayette-
ville, Arkansas, to initiate legal
action in order to obtain perma-
nent and temporary easements,
as described below, over, un-
der and across land located at
6th Street and 71-B owned by
the Estate of Lonnie L. and Ha-
zel J. Shook for intersection im-
provements.
See Exhibit "A" attached hereto
and made a part hereof.
PASSED AND APPROVED
this 7th day of March, 2000.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff. City
Clerk
Exhibit "A"
Property Owners:
The Estate of Lonnie L. and
Hazel J. Shook
Property Description:
Lots 1, 2, 3. 4, 5 and 6 in Block
Numbered 10 of Ferguson's
Addition to the City of Fayette-
ville, Arkansas, as per plat of
said Addition on file in the Of-
fice of the Circuit Clerk of
Washington County, Arkansas.
Temporary Construction Ease-
ment Description:
A part of Lots 5 and 6, Block
10, of Ferguson's Addition to
the City of Fayetteville, Arkan-
sas, as per plat of said subdivi-
sion 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 Be-
ginning, said point begin where
the proposed North right of way
line of 6th Street intersects the
East line of Lot 6; thence along
the East line of said Lots 6
North 01°07'58" East - 10.10
feet; thence leaving the east
line in Lot 8 and running North
85°02'54" West - 124.04 feet;
thence North 00°27'16 East -
44.25 feet; thence North
89°0254" 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 Per-
manent Drainage Easement;
thence leaving the West line of
Lot 5 and running along said
proposed Perman ainage
Easement line So o3244
East -9.80 feet(thflte South
00°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 00°276" West -
13.53 feet; thence South
85°02'54' East - 119.37 feet;
thence North 59°14'31East -
17.01 feet to the Point of Begin-
ning, containing 3.143 ft, more
or less,
The hearing for this description
are based on the City of Fayet-
teville Global Positioning Satel-
lite System which may vary
from the bearing system previ-
ously used in describing the
subject property.
A part of Lots 5 and 6, Block
10, of Ferguson's Addition'in
the City of Fayetteville. Arkan-
sas, as per plat of said subdivi-
sion 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°0758"
East - 25.67 feet to the Point of
Beginning, said point being
where the proposed North right
of way line of 6th Street inter-
sects 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 Drain-
age Easement intersects the
West line of Lot 5; thence leav-
ing the West line of said Lot 5
and running along the Perma-
nent Drainage Easement line
South 89°32'44" East - 9.80
feet to a point of the proposed
North right of way line of 6th
Street; thence along the pro-
posed North right of way line of
6th Street North 89°32'44"
West - 10.27 feet to the Point of
Beginning. 401 ft, more or less,
The bearings for these descrip-
tions 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.
A part of Lot 6, Block 10 of Fer-
guson's Addition to the City of
Fayetteville, Arkansas, as per
plat of said subdivision record-
ed in Book 4 at Page 203 in the
Office of the Circuit Clerk of
Washington County, Arkansas
and being more particularly de-
scribed 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°0758"
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 inter-
sects 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 89°32'44"
STATE OF ARKANSAS •
County of Washington } ss.
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the D day of 20 DD
the second insertion on the
the third insertion on the
day of 20
day of 20
the fourth insertion on the — ay of 20
lisher/General Manager
Sworn to and subscribed before me on this day of
C my rtp5' otary Public
1 NWsst"°�8x� Te `��ll�c ac"�
My Commission Expires:
Fees for Printing.......................................................$
Cost of Proof ..............................
East - 1.27 feet; thence South
00°2716" 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 Begin-
ning, containing 1,177 ft, more
or less.
The bearings for this descrip-
tion 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.
.................... $
....................$ C
tI L r