HomeMy WebLinkAbout164-92 RESOLUTION•
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RESOLUTION NO. 164-97
A RESOLUTION APPROVING ADMINISTRATIVE
SETTLEMENTS, ATTORNEY'S FEES, AND RELOCATION
ASSISTANCE FOR TRACT #71 OWNED BY NATIONAL OIL
IN THE AMOUNT OF $45,000 AND TRACT #25 OWNED
BY MARRS/TRUAX IN THE AMOUNT OF $63,000.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby authorizes
the administrative settlements, attorney's closing fees, and
relocation assistance to National Oil in the amount of $45,000 for
Tract #71 and to Marrs/Truax in the amount of $63,000 for Tract
#25.
PASSED AND APPROVED this 20th day of October , 1992.
APPROVE
By
ATTEST:
By
May r
FAYETTEVI LLE
THE CITU OF FAYETTEVILLE. ARKANSAS
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3.10
AIRPORT DEPARTMENT
TO:
THRU:
FROM:
DATE:
SUBJECT:
The City of Fayetteville Board of Directors
Scott C. Linebaugh, City Manage
Dale Frederick, Airport Manager
October 2, 1992
APPROVAL OF TWO ADMINISTRATIVE OFFER SETTLEMENTS FOR TRACTS 171
& 125. RELATED ATTORNEY'S CLOSING COSTS. AND RELOCATION IN
ACCORDANCE WITH UNIFORM RELOCATION ACT
In accordance with the requirements of the Federal Uniform Relocation
Act, the attached property offer based upon an administrative settlement,
attorney's closing fees and estimated relocation/moving assistance is
requested for approval.
These businesses, one of which is owned by Marrs/Traux (tract 125)
consists of two rental structures operated as J&S Resale Shop and Waits
Auto Sales. Tract 171 is owned by National Oil Company. The Board of
Directors approved condemnation proceedings on this property on August 4,
1992. On both tracts 171 & 125 administrative settlements have been
reached, details on the acquisitions follow:
TRACT 125 Marrs/Traux TRACT /71 National Oil
Original Offer:
Admin. Settlement:
Attny's Closing Fee:
Tenant Relocation:
(includes moving)
TOTAL COST:
$58,000
$5,000
$304
$20,000
S20.000
$39,000
$6,000
$304
$20,000
$103,304 $65,304
Please note the tenant relocations are high, upon acquisition, actual
costs will be formulated and it is hoped they will be lower than the
estimates included on this request.
These offers have been prepared by the project consultant, W. D. Schock
Company, in accordance with all Federal Regulations.
The Airport Board recommended approval at their meeting of October 1,
1992.
Attachment: Agenda Request Forms
Documentation for the W.D. Schock Company
113 WEST MCUNTAN 72701 501 521-4750
l
FA ' E TTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
3.11
TO: Jerry Rose, City Attorney
FROM: Dale Frederick, Airport Mane
DATE: August 25, 1992
SUBJECT: ADMINISTRATIVE SETTLEMENT - MESSRS. MARRS AND TRUAX 125
Attached is a copy of Mr. Bill Schock's recommendation regarding
the above referenced property which is included in the ongoing
Federal Land Acquisition Project.
The property appraised at $58,000. An award recommendation of
$63,000, increases the cost by $5,000.
In order to justify this settlement to the FAA, it is necessary to
have correspondence from your office stating an opinion that going
to court, the associated cost, and past jury awards, show that
settling the matter will be the most cost effective form of
acquisition in this case.
Your letter will then be forwarded to the FAA for concurrence prior
to issuing check requests and closing on the property.
i appreciate your assistance in this matter. Should you require
any additional information, please do not hesitate to contact this
office.
'3.12
F A Y E T 27. E V Jr L L E
CITY ATTORNEY DEPARTMENT
Jerry R. Roe.
1aGeyle D. McCarty
311-8,13
DSPAR2'M. nmii CORRESPONDENCE
TO: Dale Frederick, Airport Manager
FROM: Jerry E. Rose, City Attorney \.12.
e
DATE: September 2, 1992
RE: Administrative Settlement - Messrs. Marrs and Truax #25
At your request, I have reviewed Bill Schock's recommendation
regarding the above referenced property which is included in the
ongoing Federal Land Acquisition Project.
I concur with Mr. Schock's conclusion that legal costs,
coupled with past experience with jury awards, make the award
recommendation of $5,000 administrative settlement the most cost
effective form of acquisition in this case.
If I may provide you with any further information, please
don't hesitate to write or call.
JER/cbp
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3.13
W. D. Schock Company, Inc.
edAviation Management Consultants
October 1, 1992
Mrs. Kelly Johnson
117 W. Mountain St.
Fayetteville, Ar 72701
RE: Budget of Relocation Expenses for Blanket Resolution
Dear Kelly:
Per your request, the following is a listing of approximate
acquisition and relocation expenses to be approved under a
blanket resolution:
1. Francis Trailer Park
Rental assistance and moving
See page two for breakdown
2. Hatch Trailer Park
Rental assistance and moving
e three for breakdown
$ 72,600.00
$ 87,200.00
Marrs/Traux Acq. $ 63,000.0
J & S Resale Shop (Tenant) Relocation $ 20,000.00
Waits Auto Sales (Tenant) Relocation $ 20,000.00
4. National Oil Acquisition $ 45,000.00
Conway Southwest Express (Tenant)
Relocation $ 20,000.00
5. Billingslea & Brinson (Phase III) $ 40,000.00
1 Tenant at $6,050 Each $ 6,050.00
1 Handicapped elderly low
income tenant (last resort) $ 24,500.00
These figures are based on the maximum total eligibility
for these tenants. The only exception would be if it becomes
necessary to declare some of the trailer park tenants "last
resort" housing candidates.
If you have any questions, or need further information,
please call.
Sincerely,
MoSt)taw---
Becky Mccljaw
Relocation Advisor
cc: General Correspondence File
Land Acquisition • Relocation • Part 150 Implementation
Post Office Box 10 Greenland, Arkansas 72737
rhnne.501-521-B852
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3.14
W. D. Schock Company, Inc
Aviation Management Consultants
August 28, 1992
Mr. Dale Frederick, Airport Manager
Fayetteville Municipal Airport
113 W. Mountain St.
Fayetteville, AR 72701
RE: Keith and Sharon Marrs / Dave and Marion Truax
Tract 25, Parcel 775-17980
Located at 3364 and 3390 S. School
Dear Dale:
Keith and Sharon Marrs and Dave and Marion Truax have
accepted the administrative settlement of $63,000 to purchase the
above referenced property. They wish to proceed with the
closing on this tract. To do this we will need two checks
prepared as follows:
1) Keith and Sharon Marrs and Dave and Marion Truax
(acceptance letter being sent separately)
2) Mr. Westbrook Doss, Jr.
(Contract fees for closing; recording fee)
$63,000.00
$304.00
Mr. Westbrook Doss will contact you regarding the closing
date. If you have any questions on this regard, please call.
S incerely,
J . T. Baugh
Project Manager
W . D. Schock Co.
JTB/vw
Attachments
cc: Kelly Johnson, Asst. Manager Fayetteville Municipal Airport
Land Acquisition File
Land Acquisition • Relocation • Part 150 Implementation
Post Office Box 10
Greenland. Arkansas 72737 Phone. 501-521-E852
to
r. 3.15
W.D. Schock Company, Inc.
Aviation Management Consultants
Date: May 4, 1992
Keith and Sharon Marrs and
Dave and Marion Truax
1383 Paradise Lane
Fayetteville, AR 72701
RE: Fayetteville Municipal Airport
Land and Avigation Easement Acquisition
A.I.P. Project No. 3-05-0020-15
Tract 25; Parcel 775-17980
Dear Mr. and Mrs. Marrs and Mr. and Mrs. Truax:
The W. D. Schock Company, on behalf of the Fayetteville Municipal
Airport, has programmed the above captioned property for acquisi-
tion in this program. In accordance with established procedures
consistent with legal requirements, the appraisers contracted on
behalf of the Airport have determined the fair market value of
the referenced property, including compensable damage, if any, to
be $58,000.00.
A firm offer to you for this amount is hereby made. This amount
is broken down as follows:
(a) Total recommended offer $ 58,000.00
The W. D. Schock Company offer is made on the premises that the
property is free and clear of all mortgages, judgments, liens and
other encumbrances, including payments of taxes, and free of any
other title problems. It is also contingent on the findings of a
Phase I Environmental Audit and how they pertain to EPA, and if
necessary, a Phase II and Phase III Environmental Audit before
the airport purchases your property.
The procedure for determining the W. D. Schock Company offer is
based on one appraisal and one review appraisal report prepared
by a qualified appraiser and reviewed by a competent review
appraiser familiar with the project, your property and the
property in the general area of the project.
We feel that the above offer is fair and we urge your
consideration and acceptance of it. If this meets with your
approval, the Fayetteville Municipal Airport's representative
w ill prepare the Sale Agreement and assist in any way convenient
to you in finalizing the acquisition.
You will have 90 days from the date of this offer to accept this
o ffer. Please contact our office when you have made a decision.
Thank you very much for your consideration of this offer.
Land Acquisition • Relocation • Part 150 Implementation
Post Office Box 10 Greenland. Arkansas 72737
Poore 501-521-6E352
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Marrs and Truax, OFFER LETTER
May 4, 1992
PAGE TWO
If you have any questions, please feel free to contact us.
Please sign in the space provided below to show that you have
been advised of this offer.
Yours very truly,
John Baugh,
Project Manager
W. D. Schock Company
GB/JB/vw
Receipt of this referral is hereby acknowledged by:
Date:
3.16
3'.17
piW. D. Schock Company, Inc
diVAviation Management Consultants
August 10, 1992
Mr. Dale Frederick
Airport Manager
Fayetteville Municipal Airport
113 W. Mountain Street
Fayetteville, AR 72701
RE: Administrative Settlement - Marrs & Truax
Parcel 25
Dear Dale:
Please accept this letter as our recommendation for an
administrative settlement with Messrs. Keith Marrs and David Truax,
Parcel 25. The attached Exhibit A outlines our cost estimate of
condemning Parcel 25 of $130,500. Also, our cost exposure estimate
for the administrative settlement is $108,000 with a difference of
$22,500 should we not elect to go to Court and pursue the
administrative settlement with Messrs. Marrs and Truax.
Also enclosed is an Administrative Settlement Agreement between
Messrs. Marrs, Truax and the City of Fayetteville as negotiated by
W. D. Schock Company, Inc. We recommend that this agreement be
reviewed by your City Attorney for any potential changes that he
may request. Also, that this letter, Exhibit and Agreement be
forwarded to the FAA for review and concurrence.
Time is of the essence and approvals on our recommendation for the
administrative settlement should proceed as soon as possible.
Should you have any questions or need additional information,
please do not hesitate to contact our offices.
Sincerely,
William D. Schock
Project Director
Land Acquisition Program
Fayetteville. Municipal Airport
WDS/jp
Enclosures
cc: Ms. Kelly Johnson, Assistant Airport Manager
Land Acquisition • Relocation • Part 150 Implementation
1400 Donelson Pike • Building ID Suite B-2
Nashville, Tennessee • 37217 615/399-0585 • FAX 615/366-1184
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EXHIBIT A
1. Cost Exposure Estimate of Comdemning Parcel 25
Appraised Value (Dep. w/Court)
Court Cost and Attorney's Fees
Relocation Tenants
Demolition (Site Clean Up/Environmental)
Mr. Marrs Ask Price ($68,000) diff. from appraisal
Estimated Exposure
2. Cost Exposure Estimate of Administrative Settlement:
Appraised Value
Administrative Settlement
Relocation/Tenants
Demolition (Site Clean Up)(Environmental)
Estimated Exposure
$58,000
$17,500
$30,000
$15,000
S10.000
$130,500
$58,000
$ 5,000
$30,000
S15.000
$108,000
3. Cost Savinas Difference Usines Administrative Settlement:
1. Condemnation
2. Administrative Settlement
Difference
$130,500
S108.000
$ 22,500
3.18
SSYETTEVI LLE
Y OF FAYETTEVILLE. ARKANSAS
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)ARTMENTAL CORRESPONDENCE
TO: Jerry Rose, City Attorney
FROM: Dale Frederick, Airport Manage
DATE: August 26, 1992
SUBJECT: ADMINISTRATIVE SETTLEMENT - NATIONAL OIL COMPANY 171
Attached is a copy of Mr. Bill Schock's recommendation regarding
the above referenced property which is included in the ongoing
Federal Land Acquisition Project.
The property appraised at $39,000. An award recommendation of
$45,000, increases the cost by $6,000.
Orn order to justify this settlement to the FAA, it is necessary to
ve correspondence from your office stating an opinion that going
o court, the associated cost, and past jury awards, show that
settling the matter will be the most cost effective form of
acquisition in this case.
Your letter will then be forwarded to the FAA for concurrence prior
to issuing check requests and closing on the property.
I appreciate your assistance in this matter. Should you require
any additional information, please do not hesitate to contact this
office.
3.19
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F A Y E T T •E :Sr Jr L L E
CITY ATTORNEY DEPARTMENT
Jerry N. Rare
laG.yl. D. McCarty
575-8313
DEPARTMENTAL CORRESPONDENCE
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3.20
TO: Dale Frederick, Airport Manager
FROM: Jerry E. Rose, City Attorney \.Z
DATE: September 2, 1992
RE: Administrative Settlement - National Oil Company #71
At your request, I have reviewed Bill Schock's recommendation
regarding the above referenced property which is included in the
ongoing Federal Land Acquisition Project.
I concur with Mr. Schock's conclusion that legal costs,
coupled with past experience with jury awards, make the award
recommendation of $45,000 the most cost effective form of
acquisition in this case.
If I may provide you with any further information, please
don't hesitate to write or call.
JER/cbp
W. D. Schock Company, Inc.
Aviation Management Consultants
October 1, 1992
Mrs. Kelly Johnson
117 W. Mountain St.
Fayetteville, Ar 72701
RE: Budget of Relocation Expenses for Blanket Resolution
Dear Kelly:
Per your request, the following is a listing of approximate
acquisition and relocation expenses to be approved under a
blanket resolution:
1. Francis Trailer Park
Rental assistance and moving
See page two for breakdown
2. Hatch Trailer Park
Rental assistance and moving
See page three for breakdown
3. Marrs/Traux Acq.
J & S Resale Shop (Tenant) Relocation
Waits Auto Sales (Tenant) Relocation
$ 72,600.00
$ 87,200.00
$ 63,000.00
$ 20,000.00
$ 20,000.00
National Oil Acquisition
Conway Southwest Express (Tenant)
Relocation
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45,000.00
20,000 00
5. Billingslea & Brinson (Phase III)
1 Tenant at $6,050 Each
1 Handicapped elderly low
income tenant (last resort)
These figures are based
for these tenants. The only
necessary to declare some of
resort" housing candidates.
40,000.00
6,050.00
24,500.00
on the maximum total eligibility
exception would be if it becomes
the trailer park tenants "last
If you have any questions, or need further information,
please call. -
Sincerely,
Becky McVaw
Relocation Advisor
cc: General Correspondence File
Land Acquisition • Relocation • Part 150 Implementation
, 3.21
Pnst. Office ROY 1 f1
Greenland, Arkansas 72737 Phone 501-521-6R57
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„ W. D. Schock Company, Inc.
/1 Aviation Management Consultants
September 2, 1992
Mr. Dale Frederick, Airport Manager
Fayetteville Municipal Airport
113 W. Mountain St.
Fayetteville, AR 72701
RE: National Oil Supply Co., Inc.
Tract 71, Parcel 775-17980
Located at the Northwest Corner of U.S. Hwy 71/Bailey Dr.
Dear Dale:
W. L. Gehrs, authorized representative of National Oil
Company, Inc., has accepted the administrative settlement of
$45,000.00 to purchase the above referenced property. They wish
to proceed with the closing on this tract. To do this we will
need two checks prepared as follows:
1) National oil Company $45,000.00
(Acceptance letter attached)
2) Mr. Westbrook Doss, Jr. $304.00
(Contract fees for closing; recording fee)
Mr. Westbrook Doss will contact you regarding the closing
date. If you have any questions on this regard, please call.
S incerely,
J . T. Baugh
Project Manager
W . D. Schock Co.
JTB/vw
Attachments
cc: Kelly Johnson, Asst. Manager Fayetteville Municipal Airport
Land Acquisition File
Land Acquisition • Relocation • Part 150 Implementation
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3.22
Past Office Box 10
Greenland, Arkansas 72737 Homo 501-521-6852
W. ^. 'chock Company, Inc.
Aviation Management Consultants
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August 20, 1992
I, W. L. Gehrs, as the authorized representative of National
O il Company, Inc., hereby agree to accept an administrative
settlement from the City of Fayetteville in the amount of
o f $45,000.00 (FORTY FIVE THOUSAND DOLLARS AND NO CENTS) for
property located at the Northwest Corner of U.S. Hwy 71/Bailey
Drive identified as Parcel 775-17980, which is owned by National
O il Company,/inc. and hereby agree to sell same to the City of
Fayette / l for this sum, if they are in agreement.
NAT SN L OI COMPANY DATE
AUTHORIZED EPRESENTATIVE
W . L. GEHRS, MANAGER
erif
WIYPNESS
2 v { 92
DATE 0
Land Acquisition • Relocation • Part 150 Implementat.inn
3.23
Post Otho Fink 10
Greenland. Arkansas 72737 •
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piW. D. Schock Company, Inc.
Aviation Management Consultants
August 21, 1992
Mr. Dale Frederick
Airport Manager
Fayetteville Municipal Airport
113 W. Mountain Street
Fayetteville, AR 72701
RE: Administrative Settlement - National Oil Supply, Inc.
Tract 71, Parcel 775-17980
Dear Dale:
I am forwarding this letter in addition to our recommen-
dation to purchase National Oil Supply's property, Tract 71,
consisting of .88 acres of land and a commercial building, on the
following basis:
1. Appraisal for the acquisition of Tract 71 is at $39,000.
2. Mr. W. L. Gehrs, representing National Oil & Supply Co., Inc.
counteroffered on 29 May at $77,140.00.
3. We are recommending an administrative settlement price of
$45,000.
4. My recommendation is justified based on the fact that if the
City of Fayetteville continues with the condemnation proceed-
ings on the parcel, legal costs would more than exceed
$6,000; and that the Court award would most likely be settled
somewhere between $50,000.00 and $77,140.00 on a jury
decision. In our opinion and experience with legal fees and
court awards, a minimum additional cost exposure on the parcel
would be at least $20,000.00.
By copy of this letter to our review appraiser, Mr. Schultz,
I am asking for a letter of concurrence that my negotiated price
of $45,000, or $6,000 above the approved appraised value, is in
Land Acquisition • Relocation • Part 150 Implementation
3.24
Post Office Box 10
Greenland, Arkansas 72737 Phone. 501-521-6852
1
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Frederick/Baugh
August 21, 1992
Page 2
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fact a valid and reasonable conclusion for the acquisition of
this property without going to the additional cost of
condemnation proceedings.
JTB/vw
cc:
Sincerely,
7
John T. Baugh
Project Manager
Land Acquisition Program
Fayetteville Municipal Airport
Mr. Keith L. Schultz, Review Appraiser
Mr. Jerry Rose, Fayetteville City Attorney
Mrs. Kelly Johnson, Assistant Airport Manager
Land Acquisition File
3..25
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pW. D. Schock Company, Inc
rAviation Management Consultants
August 20, 1992
I, W. L. Gehrs, as the authorized representative of National
O il Company, Inc., hereby agree to accept an administrative
settlement from the City of Fayetteville in the amount of
o f $45,000.00 (FORTY FIVE THOUSAND DOLLARS AND NO CENTS) for
property located at the Northwest Corner of U.S. Hwy 71/Bailey
Drive identified as Parcel 775-17980, which is owned by National
O il Company, nc. and hereby agree to sell same to the City of
Fayette /'1;'for this sum, if they are in agreement.
NAT .N L OI COMPANY
AUTHORIZED 'EPRESENTATIVE
W . L. GEHRS, MANAGER
(2,O /29.7
DATE
/If"(9 92
DATE
Land Acquisition • Relocation • Part 150 Implementation
Post Office Box 10
Greenland. Arkansas 72737 Phone 501-521-6852
i,
1/4
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ATIONAL
OIL & SUPPLY Co., Inc.
PO. BOX 998 SPRINGFIELD, MISSOURI 65801
PHONE (917) 866-6622
May 29, 1992
W .D. Schock Company, Inc.
P .O. Box 10
Greenland, AR 72737
ATTN: John T. Baugh III
Dear Sir:
•
I'm sorry that I missed you on my visit to Fayetteville
on May 27, 1992, but will make a later appointment with
you in the very near future.
I have surveyed the market and feel that we have a prime
location with Highway 71 frontage and on the corner.
We feel that the fair market value for this property is
$77,140.00 plus any inconveniences for re -location which
can be approved by mutual agreement. Thanking you in
advance, I remain.
Since;ely,\yours,
I\V`
w .t,. Geh s,
201 N:'Wall
Joplin, MO
417-624-5868
WLG/lh
Jr.
47
4801
Industrial Distributor Asphalts - Fuel Oils - Diesel Fuels - Gasolines - Lubricants - Molasses
•
3.27
3.28
W. D. Shock Company, Inc.
Aviation Management Consultants
Date: March 18, 1992
National Oil Supply Co., Inc.
201 N. Wall
Joplin, MO 64801
RE: Fayetteville Municipal Airport
Land and Avigation Easement Acquisition
A.I.P. Project No. 3-05-0020-15
Tract 71; Parcel 775-17980
Dear Sirs:
The W. D. Schock Company, on behalf of the Fayetteville Municipal
Airport, has programmed the above captioned property for acquisi-
tion in this program. In accordance with established procedures
consistent with legal requirements, the appraisers contracted on
behalf of the Airport have determined the fair market value of
the referenced property, including compensable damage, if any, to
be $39,000.00.
A firm offer to you for this amount is hereby made. This amount
is broken down as follows:
(a) Site value $25,000.00
(b) Improvements value: $14,000.00
(c) Total recommended offer $39,000.00
The W. D. Schock Company offer is made on the premises that the
property is free and clear of all mortgages, judgments, liens and
other encumbrances, including payments of taxes, and free of any
o ther title problems.
The procedure for determining the W. D. Schock Company offer is
based on one appraisal and one review appraisal report prepared
by a qualified appraiser and reviewed by a competent review
appraiser familiar with the project, your property and the
property in the general area of the project.
We feel that the above offer is fair and we urge your
consideration and acceptance of it. If this meets with your
approval, the Fayetteville Municipal Airport's representative
w ill prepare the Sale Agreement and assist in any way convenient
to you in finalizing the acquisition.
You will have 90 days from the date of this offer to accept this
o ffer. Please contact ouroffice when you have made a decision.
Thank you very much for your consideration of this offer.
Land Acquisition • Relocation • Part 150 Implementation
Post Office Box 10
Greenland, Arkansas 72737 Phone: 501-521-6852