HomeMy WebLinkAbout102-99 RESOLUTIONRESOLUTION NO 102-99
A RESOLUTION APPROVING SETTLEMENT OF CITY OF
FAYETTEVILLE V. TONY HARDIN, ET AUX, CIV 99-561 AND
PAYMENT OF NST COMPENSATION FOR THE TAKING OF
REAL PROPERTY IN THE AMOUNT OF $52,396.50
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby approves settlement of City of Fayetteville v.
Tony Hardin, et aux, CIV 99-561 and payment ofiust compensation for the taking of real property
in the amount of $52,396.50. A copy of the settlement offer is attached hereto marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this 3.ni day of August , 1999.
Heather Woodruff, city Clerk
APPROVED.
By
red Hanna, Mayor
FAYETTEVI LLE
JERRY E. ROSE, CITY ATTORNEY
LaGAYLE D. McCARTY, ASSISTANT CITY ATTORNEY
THE CITY OF FAYETTEVILLE, ARKANSAS
CITY ATTORNEY DIVISION
113 WEST MOUNTAIN, 72701
PHONE: 501.575-8313
FAX: 501-575-8315
July 22, 1999
EXHIBIT A
Tony Hardin
3670 Mt. Comfort Rd.
Fayetteville, AR 72704
RE: City v. Hardin
CIV. 99-561
Dear Tony:
At our meeting on Friday, July 16, 1999, we were successful in reaching
a negotiated settlement in the above referenced matter. The following,
subject to City Council approval, reflects the terms agreed to.
1. Total just compensation in the amount of $52,396.50:
A.
B.
C.
$8284.00 - real property,
$43619.50 - damages to the remainder property, and
$493.00 - temporary construction easement.
2. A 6' privacy fence shall be installed between the property
line and the retaining wall, to run even with the front of
the house north to the chain link fence in back of the house.
3. A wood rail fence shall run from the privacy fence south
to the corner of the property. (Approx. 150 feet)
4. The temporary construction easement shall be rewritten to
minimize the encroachment on the remainder property.
Please review and sign showing your approval, and return a copy for my
records. I will submit this to be placed on the agenda at the July 27,
1999, Council Agenda Session, for approval at the August 3, 1999, City
Council Meeting.
If you have any questions, please give me a call.
Since
LaGayle D. Mcc94rt$y
Assistant Ci torney
/ldm
Received and Approved:
/,
STAFF REVIEW FORM
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF August 3,1999 MAYOR'S APPROVAL n/a
FROM:
LaGayle D. McCarty
Name
City Attorney Legal
Division Department
ACTION REQUIRED:
A resolution approving settlement of City v. Hardin, CIV. 99-561, and payment of just compensation for the
taking of real property in the amount of $52,396.50
COST TO CITY:
$52396 50
Cost of this Request
Account Number
Project Number
Category/Project Budget Category/Project Name
Funds Used to Date Program Name
Remaining Balance Fund
BUDGET REVIEW•
Budget Coordinator
Budgeted Item Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Purchasing Officer
GRANTING AGENCY•
Date Internal Auditor Date
Date ADA Coordinator Date
Date
STAFF RECOMMENDATION:
Recommends approval of the settlement offer and payment of just compensation in the amount of $52,396.50.
Did ion Head Date
Depart a iDiredbr Date
Administrative Services Director Date
Mayor Date
CROSS REFERENCE
New Item:
Yes No
Previous Ordinance/Resolution No
Original Contract Date.
FAYET EVILLE
LEGAL DEPARTMENT
CITY ATTORNEY DIVISION
JERRY E. ROSE, CITY ATTORNEY
LAGAYLE D.MCCARTY, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
To: City Council
From: LaGayle D. McCarty, Assistant City Attorney
Date: July 27, 1999
Re:
City v. Hardin
CIV. 99-561
Settlement
On April 20, 1999, the City Council passed and approved Ordinance No. 4157 authorizing eminent
domain proceedings for the City to obtain land located North of Mt. Comfort Rd. and West of Salem
Road for the extension of Rupple Road to the new school. City staff was also directed to initiate
negotiations with Mr. and Mrs. Tony Hardin for the purchase of their home and property at 3670
Mt. Comfort Road.
City staff has worked closely with the Hardins to reach a negotiated settlement. The Hardins would
like to remain in their home. Therefore, the settlement agreement reflects the minimum required
right of way, temporary construction easements, etc. A copy of a letter to Mr. Hardin outlining the
terms of the agreement is attached.
/cbp
Attachment(s)
•
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: LaGayle McCarty, Assistant City Attorney
From: Theresa Johnson, Deputy City Clerk
Date: August 5, 1999
Re: Res. 102-99, Settlement with Tony Hardin
Attached please find a signed copy of the resolution for your records.
cc: Ed Connell, Land Agent