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HomeMy WebLinkAbout85-99 RESOLUTION• • • , RESOLUTION NO 85-99 • A RESOLUTION AUTHORIZING STAFF TO PURCHASE 0.22 ACRES, INCLUDING IMPROVEMENTS (OLD SERVICE STATION) FROM PROPERTY OWNER, JERRY SCIACCA, IN THE AMOUNT OF $46,565, PLUS CLOSING COSTS, FOR THE EXTENSION OF SIXTH STREET FROM WOOD AVENUE TO EAST HUNTSVILLE ROAD. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby authorizes staff to purchase 0 22 acres, including improvements (old service station) from property owner, Jerry Sciacca, in the amount of $46,565, plus closing costs, for the extension of Sixth Street from Wood Avenue to East Huntsville Road. A copy of the legal description is attached hereto marked Exhibit "A" and made a part hereof. • , PASSED'AND APPROVED this It day of July , 1999. , dt , '\-, ,I^ft .... � ATTEST: By: Heather Woodruff, City ' erk APPROVED: By Fred Hanna, Mayor 1 I • EXHIBIT "A" PROPERTY DESCRIPTION: Res. 85-9'9 A part of Lot Ten (10) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest comer of Lot 10; thence with the west line of said Lot 10, North 02° 25' 48" East 155.47 feet, to the Point of Beginning; thence continuing with said west line, North 02° 25' 48" East 134.56 feet; thence South 54° 55' 34" East 148.42 feet to the east line of said Lot 10, thence with said east line South 02° 27' 17" West 77.76 feet; thence North 77° 01' 28" West 127.09 feet, to the Point of Beginning and containing a total of 13,267 square feet (0.305 acre), including 3,594 square feet (0.083 acre) in existing right of way, more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous descriptions of this property. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A temporary construction and grading easement fifteen (15) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest corner of Lot 10 of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 10, North 02° 25' 48" East 155.47 feet, to a point on the proposed new south right of way of Sixth Street, said point also being the Point of Beginning; thence with said south right of way line, South 77° 01' 28" East 127.09 feet, to the east line of Lot 10; thence with said east line, South 02° 27' 17" West 15.26 feet; thence North 77° 01' 28" West 127.08 feet; to the west line of Lot 10; thence with said west line, North 02° 25' 48" East 15.26 feet, to the Point of Beginning and containing 1,907 square feet (0.044 acre), more or less, DRAINAGE EASEMENT DESCRIPTION: Permanent Drainage Easement Description: A permanent drainage easement more particularly described as follows: Beginning at the Southwest comer of Lot 10; thence North 02° 25' 48" East 20.0 feet; thence South 87° 32' 43" East 109.88 feet; thence North 02° 27' 17" East 115.05 feet, to a point on the proposed new south right of way line of Sixth Street; thence with said South right of way line, South 77° 01' 28" East 15.26 feet, to the east line of Lot 10; thence with said east line South 02° 27' 17" West 132.26 feet; thence with the South line of said Lot 10, North 87° 32' 43" West 124.88 feet, to the Point of Beginning and containing 4,203 square feet (0.096 acre), more or less. • Page 2 Exhibit A Res. 85-99 Drainage Temporary Construction & Grading Easement Description: A temporary construction and grading easement twenty (20) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest comer of Lot 10; thence with the west line of said Lot 10, North 02° 25' 48" East 20.00 feet, to a point on the north line of the above described Permanent Drainage Easement, said point also being the Point of Beginning; thence with said north line South 87° 32' 43" East 109.88 feet; thence North 02° 27' 17" East 115.05 feet, to a point on the proposed new South right of way of Sixth Street; thence with said South nght of way line, North 77° 01' 28" West 20.34 feet; thence South 02° 27' 17" West 98.76 feet; thence North 87° 32' 43" West 89 89 feet; thence South 02° 25' 48" West 20.00 feet, to the Point of Beginning and containing 4,136 square feet (0.095 acre), more or less. t STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 6. 1999 RECEIVED JUN 21 1999 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FROM: Ed Connell, Engineering Public Works Name Division Department ACTION REQUIRED: Approval of a resolution authorizing the City to purchase 0.22 acres of land, including an improvement (old service station) from Jerry L. Sciacca for $46,565.00 plus closing costs in association with the extension of Sixth Street from Wood Avenue to East Huntsville Road. COST TO CITY: $46,565 00 `Cost of tfiis Request $826A00 Category/Project Budget Sixth Sect Extension to E Huntsville Road category/Project oject Name 4470-9470-5809-00 $109.500.00 Funds Used To Date Program Name Account Number '6044-30 Number umber $716 19100 ini Remang -balance rpSales Tax CIP BUDGET REVIEW: Budget Coordinator X Budgeted It � , /get Adjustment Attached A. • stra ve Services ' ector CONTRACT/GE E 0/Iff REVIEW: G: t1 G AG / J C/ /9 /Irl' t� IL Date / A for � 1g /11 Date �V Coordinator Date 6-14-9R Date STAFF RECOMMENDATION: Staffrecommends approval of this acquisition so that this project can be scheduled for implementation. Except for one minor parcel, this property represents almost 100% of the required fee simple acquisition on this project. S„w• B99 Dr ' - /Q1r4 ate ate ate Cross Reference New Item: Yes X No _ Prev Ord/Res #: Orig Contract Date: 1 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS • May 27, 1999 Jerry L. Sciacca 631 Huntsville Road Fayetteville, AR 72701 RE: Sixth Street Extension Job No. 96044 Tract No. 6 Parcel No. 765-02499-000 Offer Letter Dear Mr. Sciacca: The City of Fayetteville is planning the extension of Sixth Street from Huntsville Road to Wood Avenue. It is therefore necessary to obtain right of way for this street and a temporary construction easement across a portion of your property for this project. Along with the acquisition of right of way will be the acquisition of the building and the paved parking area. Also necessary for this project is a Permanent Drainage Easement and a temporary construction easement along the east side and part of the south side. The temporary construction easements will terminate upon completion and acceptance of the project by the City. Included is a general map of the subject area, as well as a drawing of your specific property depicting the anticipated areas required for right of way, permanent and temporary easements. The existing right of way along Huntsville Road is considered public property by prescription. The City of Fayetteville hereby offers $28,000.00 for the building, $3,600.00 for the paved parking area, $9,700.00 for the acquisition of additional right of way (9,673 square feet), $200.00 for rental of the land associated with the roadway Temporary Construction and Grading Easement (1,907 square feet), $1,050.00 for the conveyance of rights associated with the Permanent Drainage Easement (4,203 square feet), $415.00 as rental of the lands associated with the drainage Temporary Construction Easement (4,136 square feet), and $3,600.00 as damages to the remaining property; making the total offer amount $46,565.00. These amounts are based on an independent appraisal by Mark Risk, The Real Estate Consultants (a copy of the summary sheet is attached). Should you elect to accept this offer, the Offer and Acceptance Contract (two originals enclosed) contained herein should be executed by all parties with current ownership interest in the particular property. The Offer and Acceptance Contract is subject to City Council approval. Also enclosed are draft copies of the proposed Warranty Deed, Drainage Easement, and the Temporary Construction and Grading Easement. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 • • o Mr. Sciacca Offer Letter, Page 2 of 2 If you make a final rejection of this offer, you do have certain legal rights which are outlined hereafter. Upon your final rejection of this offer, and if the City of Fayetteville elects to do so, a suit of condemnation may be filed. The amount of just compensation for the purchase and 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 Offer and Acceptance Contract. Please return one copy of the fully executed Offer and Acceptance Contract. (The other one is for your files.) The Offer and Acceptance Contract must be approved by the City Council and the document is subject to that approval. Please provide us with a Tax Identification Number (Corporation) or Social Security Number so that an earnest money check can be written upon execution of the proposed Offer and Acceptance Contract. A Vendor Form is provided for this purpose. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements. Please contact Ed Connell at (501) 444- 3415, Jill Goddard at 444-3407, or I can be reached at 575-8206. Sincerely yours, im Beavers City Engineer JB/jsg Attachments r DATE. June 8, 1999 TO: Fayetteville City Council THRU: Fred Hanna, Mayor Charles Venable, Public Works Director Donald Bunn, Assistant Public Works Director Jim Beavers, City Engineer/ FROM: Ed Connell, Land Agent RE: Sixth Street Extension to East Huntsville Road Offer and Acceptance Contract - Sciacca Please find herewith an executed Offer and Acceptance Contract between the City and Jerry L. Sciacca relative to the acquisition of 0.22 acres of land (Tract 6), including improvements, for the extension of Sixth Street from Wood Ave, to East Huntsville Road. This property is the third of four property owners from which right of way is being acquired. This property, along with the Smith and Combs properties (previously approved) will account for almost 99% of the additional right of way. Please refer to the attached diagram which illustrates the right of way acquisition for this project. Although not illustrated here, Huntsville Road, just West of Blair Ave., will be closed to through traffic and all Huntsville traffic is to be directed to the North-South extension of Mashburn Ave. The City's appraisal for this 0.22 acre land acquisition, plus the acquisition of the improvement (an older service station), drainage easements, and temporary easements, and damages to the remaining property since this acquisition takes about 1/3 of the property, amounted to $46,565.00. This amount has been accepted by Mr. Sciacca. Please find herewith a summary page of this appraisal. Enclosed is a copy of a Offer and Acceptance contract between the City and Mr. Sciacca to this affect. since this improvement and area was in petroleum service in years past, the City Engineering staff had a soil survey conducted to determine the location of tanks and the condition of the surrounding soils. Attached please find a copy of the Enviormental Assessment Report of Grubbs, Hoskyn, Barton & Wyatt, Inc., dated February, 1999, which confirmed that tanks have been removed and that the soil does not require special treatment Staff recommends the passage of a resolution to the City Council accepting this contract. Jerry L. Sciacca: Tract # 6, 765-02499-000 Drainage Land Esmt. ME Improvements Total Damages $ 9,700 1,050 615 31,600 / 3,600 $46,565 • • 1 r • ENVIRONMENTAL ASSESSMENT 631 HUNTSVILLE - PREVIOUS GAS STATION FAYETTEVILLE, ARKANSAS Report To CITY OF FAYETTEVILLE Fayetteville, Arkansas GRUBBS, HOSKYN, BARTON & WYATT, INC. Consulting Engineers Springdale, Arkansas February 1999 1 . . Grubbs, Hoskyn, Barton & Wyatt, I N c. CONSULTING ENGINEERS February 12, 1999 Job No. 99-026 City of Fayetteville Engineering Department 113 West Mountain Fayetteville, Arkansas 72701 Attention: Mr. Wayne Ledbetter, P.E. ENVIRONMENTAL ASSESSMENT 631 HUNTSVILLE — PREVIOUS GAS STATION FAYETTEVILLE, ARKANSAS • PC. Box 1248 Springdale, Arkansas 72765 202 Greg Street 72764 (501) 756-5999 FAX (501) 756-1749 INTRODUCTION This is the report of our environmental investigation made at 631 Huntsville in Fayetteville, Arkansas. It is our understanding that an operating gas station was previously located at this address. The purpose of the investigation was to determine if the soil at this address is currently contaminated with previously leaked or spilled petroleum products prior to this land being purchased by the City of Fayetteville. FIELD INVESTIGATION Three (3) borings were drilled in the vicinity of the building at 631 Huntsville. As the borings were drilled, samples of significant soil strata were obtained, visually classified and placed in appropriate containers for transport to our laboratory for further examination and testing. Because this investigation was for the sole purpose of determining the absence or presence of pollutants in the soil, no strength or classification testing was performed. Geotechnical and Materials Engineering/Construction Surveillance • • • • Grubbs, Hoskyn, Barton & Wyatt, Inc. February 12, 1999 JOB No. 99-026 Page 2 of 3 LABORATORY TESTING Laboratory testing consisted of using a commercial analytical laboratory to perform the following tests: 1. Concentration of Benzene (mg/Kg) 2. Concentration of Ethylbenezene (mg/Kg) 3. Concentration of Toluene (mg/Kg) 4. Concentration of Xylenes (mg/Kg) 5. Total Petroleum Hydrocarbons (TPH) (mg/Kg) Items one through four are collectively known as a BTEX test. These tests were performed on one sample selected from each boring. The sample was selected based on the assumption that the gasoline tanks which had been on this property had been buried, and that the gasoline tanks were approximately 6.0 ft in diameter. Therefore, the samples chosen for testing were all at depths greater than 6.0 ft below existing ground. CONCLUSIONS Based on the information received from Sorrells Research Laboratory and Field Services, it is our opinion that the soils at 631 Huntsville are not contaminated above detectable limits. Attached Plates: Plates 1 through 3 Boring Logs Plates 4 through 6 Laboratory Analysis • • Grubbs, Hoskyn, Barton & Wyatt, Inc. February 12, 1999 JOB No. 99-026 Page 3 of 3 We have appreciated the opportunity to be of service to you on this project. If you have any questions regarding this information, please call. Sincerely, GRUBBS, HOSKYN, BARTON & WYATT, INC. • d Clarrinon, E.I. Staff ngineer ATM/kdc Copies Submitted: City of Fayetteville (3) Attn: Mr. Wayne Ledbetter, P.E. Form 108-8174) Jab No. 99-028 • • PLATE 1 0 Grubbs, Garner LOG O F BORING N O. 1 & Hoskyn, Inc., Consulting Engineers 631 Huntsville - Previous Gas Station Fayetteville, Arkansas TYPE: Auger LOCATION: 32' N, NE building corner DEPTH, FT BLOWS PER FT UNIT DRY WT LB/CU FT COHESION, TON/SQ FT SYMBOL J 0.2 0.4 0.8 0.8 1.0 1.2 1.4 p w DESCRIPTION OF MATERIAL SURF. EL: PLASTIC WATER LIQUID LIMIT CONTENT LIMIT + • -+ 10 20 30 40 50 80 70 N z d\7 Medium gravel dense dark and fine sand gray silt, fill 28 Very stiff mottled red, tan and silty clay with occasional i0 Agray •"''I Imbedded sandstone gravel 37 . A, 0.; With occasional imbedded sandstone cobbles below 3.5 ft 50/11" 1! = Soft gray and tan weathered 50/6' shale --71- EL 50/5' - -2 — -10r =' — = 50/3' -15- • -20- -25- COMPLETION DEPTH: 13.5 ft DEPTH TO WATER DATE: 1-26-99 IN BORING: Dry DATE. 1-26-99 PLATE 1 Job No. 99-0 • • PLATE 2 Grubbs, Garner0 LOG O F BORING N O. 2 & Hoskyn, Inc., 631 Huntsville - Previous Gas Station Consulting Engineers Fayetteville, Arkansas TYPE: Auger LOCATION: 32' N, NE building corner DEPTH, FT SYMBOL w0.2 BLOWS PER FT . UNIT DRY WT LB/CU FT COHESION, TON/SQ FT ______0.---o 0.4 0.6 0.8 1.0 1.2 1.4 0 p 0- u) / DESCRIPTION OF MATERIAL SURF. EL: PLASTIC WATER LIQUID LIMIT CONTENT LIMIT + • -I- 10 20 30 40 50 60 70 6 silt with fine sand andror•anics / 25 :0 1 Medium dense, to loose gray and dY i Id C, 0 tan silty clay fill with sandstone gravel Oa Wet with decayed organics and slight fuel odor below 4.0 ft �� PAP-5 o, 1 7 Soft tan weathered I gray and 32 --- shale —z- — i 50/7' -10 =— — =- — -- ?0/4' -15 -20 -25 COMPLETION DEPTH: 13.5 ft DEPTH TO WATER DATE: 1-26-99 IN BORING: Water at 6'3" DATE: 1-26-99 PLATE 2 Form 108-6174) Job No. 99-028 PLATE 3 G&ruuubbs''',Garner NO. 3 LOG OF BORING Consulting Engineerinc., 631 Huntsville Previous Gas Station Fayetteville, Arkansas TYPE: Auger LOCATION: 32' N, NE building corner DEPTH, FT SYMBOL BLOWS PER FT UNIT DRY WT LB/CU FT COHESION, TON/SQ FT % 'OOZ '0N • 1 0.2 0.4 0.8 0.8 1.0 1.2 1.4 1 Q 1n DESCRIPTION OF MATERIAL SURF. EL: PLASTIC WATER LIQUID LIMIT CONTENT LIMIT • + + 10 20 30 40 50 60 70 •n• 2broken asphalt / 3' base tri gravel Stiff tan and gray silty clay fill / 23 Medium dense gray silt with decayed fine sand and organics 20 'fil(I Stiff mottled red, gray and tan silty clay with occasional shale fragments and tan clayey stiff gray 32 ay _—�( \sle r Soft gray and tan weathered = shale _`( 50/5' 50/7' — — _.- -10-'_ — — -- 50/3' -15- -20- 125- 0 0 11 W COMPLETION DEPTH: 13.5 ft DEPTH TO WATER DATE: 1-26-99 IN BORING: Dry DATE: 1-26-99 PLATE 3 • CHEMISTS ECOLOGISTS CONSULTANTS PLANNERS Sample ANALYTE as • • • SORRELLS RESEARCH LABORATORY AND FIELD SERVICES WEF 8002 Stanton Road Little Rock, Arkansas 72209 LABORATORY ANALYSIS Phone 501-562-8139 Fax 501-562-7025 Toll Free 1-800-331-8139 Date of Report: February 2, 1999 Date Received : February 1, 1999 For:GRUBBS, GARNER & HOSKYN, L.R. P.O. BOX 55105 10501 STAGECOACH RD. LITTLE ROCK, AR 72215- Job:BTEX & TPH ANALYSIS. From:631 HUNTSVILLE ESA STUDY. B-1 @ 8.5'- 9 RESULT UNITS METHOD Benzene Ethylbenzene Toluene Xylenes BTEX, total Total recoverable petroleum hydrocarbons TPH Diesel Range Organics Gasoline Range Organics O .001 O .001 O .002 O .004 O .006 1.000 1.000 1.000 mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg 8020 8020 8020 8020 Calc. 8015c 8015c 8015c Collected by: MICHAEL MORRISS on 02/01/99 Analysis by : SEE ATTACHED QUALITY ASSURANCE PAGE. Sample preservation and Laboratory Analysis conducted according to EPA 40 CFR Part 261. Test/Analyst/Time/Coeff./Var./ QA plan filed with ADPC&E. Includes 10 % replication and 10 % recovery studies by random selection. Instruments maintained and calibrated and records kept. See Attached. Copies to: MR. CHIP WILKINSON LAB MANAGER P.O. BOX 55105 LITTLE ROCK, AR 72215 - Laboratory Number: V798.001 LRS Reviewed By: K. E. Sorrells, M.S. [-1 • • • e^,erucial CHEMISTS ECOLOGISTS CONSULTANTS PLANNERS Sample ANALYTE as • SORRELLS RESEARCH LABORATORY AND FIELD SERVICES 8002 Stanton Road Little Rock, Arkansas 72209 LABORATORY ANALYSIS • • WEF Phone 501-562-8139 Fax 501-562-7025 Toll Free 1-800-331-8139 Date of Report: February 2, 1999 Date Received : February 1, 1999 For:GRUBBS, GARNER & HOSKYN, L.R. P.O. BOX 55105 10501 STAGECOACH RD. LITTLE ROCK, AR 72215- Job:BTEX & TPH ANALYSIS. From:631 HUNTSVILLE ESA STUDY. B-2 @ 6'-7.5' RESULT UNITS METHOD Benzene Ethylbenzene Toluene Xylenes BTEX, total Total recoverable petroleum hydrocarbons TPH Diesel Range Organics Gasoline Range Organics O .001 O .001 O .001 O .005 O .010 1.000 1.000 1.000 mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg 8020 8020 8020 8020 Calc. 8015c 8015c 8015c Collected by: MICHAEL MORRISS on 02/01/99 Analysis by : SEE ATTACHED QUALITY ASSURANCE PAGE. Sample preservation and Laboratory Analysis conducted according to EPA 40 CFR Part 261. Test/Analyst/Time/Coeff./Var./ QA plan filed with ADPC&E. Includes 10 % replication and 10 % recovery studies by random selection. Instruments maintained and calibrated and records kept. See Attached. Copies to: MR. CHIP WILKINSON LAB MANAGER P.O. BOX 55105 LITTLE ROCK, AR 72215 - Laboratory Number: V798.002 LRS Reviewed By: K. E. Sorrells, M.S. [`fes_ • • CHEMISTS ECOLOGISTS CONSULTANTS PLANNERS Sample ANALYTE as as SORRELLS RESEARCH LABORATORY AND FIELD SERVICES 8002 Stanton Road Little Rock, Arkansas 72209 LABORATORY ANALYSIS • WEF Phone 501-562-8139 Fax 501-562-7025 Toll Free 1-800-331-8139 Date of Report: February 2, 1999 Date Received : February 1, 1999 For:GRUBBS, GARNER & HOSKYN, L.R. P.O. BOX 55105 10501 STAGECOACH RD. LITTLE ROCK, AR 72215- Job:BTEX & TPH ANALYSIS. From:631 HUNTSVILLE ESA STUDY. B-3 @ 6'-7' RESULT UNITS METHOD Benzene Ethylbenzene Toluene Xylenes BTEX, total Total recoverable petroleum Diesel Range Organics Gasoline Range Organics hydrocarbons TPH < O .001 O .001 O .001 O .005 O .010 1.000 1.000 1.000 mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg 8020 8020 8020 8020 Calc. 8015c 8015c 8015c Collected by: MICHAEL MORRISS on 02/01/99 Analysis by : SEE ATTACHED QUALITY ASSURANCE PAGE. Sample preservation and Laboratory Analysis conducted according to EPA 40 CFR Part 261. Test/Analyst/Time/Coeff./Var./ QA plan filed with ADPC&E. Includes 10 % replication and 10 % recovery studies by random selection. Instruments maintained and calibrated and records kept. See Attached. Copies to: MR. CHIP WILKINSON LAB MANAGER P.O. BOX 55105 LITTLE ROCK, AR 72215 - Laboratory Number: V798.003 LRS Reviewed By: K. E. Sorrells, M.S. [ �� • 6 Grubbs, Garner & Hoskyn, Inc., Consulting Engineers SYMBOLS AND TERMS USED ON BORING LOGS SOIL TYPES (SHOWN IN SYMBOLS COLUMN) g 84 Gravel Sand Sil Clay Predominant type shown heavy SAMPLER TYPES (SHOWN ON SAMPLES COLUMN) M�bb� Shelby Rock Split No Cutting Tube Core Spoon Recovery TERMS DESCRIBING CONSISTENCY OR CONDITION COARSE GRAINED SOILS (major portion retained on No. 200 sieve): Includes (I) Clean gravels and sands, and (2) silty or clayey gravels and sands. Condition is rated according to relative density, as determined by laboratory tests. DESCRIPTIVE TERM VERY LOOSE LOOSE MEDIUM DENSE DENSE VERY DENSE N -VALUE 0-4 4-10 10-30 30-50 50 and above RELATIVE DENSITY 0-15% 15-35% 35-65% 65-85% 85-100% FINE GRAINED SOILS (major portion passing No. 200 sieve): Includes (1) Inorganic and organic silts and clays, (2) gravelly, sandy, or silty clays, and (3) clayey silts. Consistency is rated according to shearing strength, as indicated by penetrometer readings or by unconfined compression tests. DESCRIPTIVE TERM VERY SOFT SOFT FIRM STIFF VERY STIFF HARD UNCONFINED COMPRESSIVE STRENGTH TON/SQ. FT. Less than 0.25 0.25-0.50 0.50-1.00 1.00-2.00 2.00-4.00 4.00 and higher NOTE: Slickensided and fissured clays may have lower unconfined compressive strengths than shown above, because of planes of weakness or cracks in the soil. The consistency ratings of such soils are based on penetrometer readings. TERMS CHARACTERIZING SOIL STRUCTURE SLICKENSIDED having inclined planes of weakness that are slick and glossy in appearance. FISSURED - containing shrinkage cracks, frequently filled with fine sand or silt; usually more or less vertical. LAMINATED - composed of thin layers of varying color and texture. INTERBEDDED - composed of alternate layers of different soil types. CALCAREOUS - containing appreciable quantities of calcium carbonate. WELL GRADED - having a wide range in grain sizes and substantial amounts of all intermediate particle sizes. POORLY GRADED - predominantly of one grain size, or having a range of sizes with some intermediate sizes missing. Terms used on this report for describing soils according to their texture or grain size distribution are in accordance with the UNIFIED SOIL CLASSIFICATION SYSTEM, as described in Technical Memorandum No.3-357, Waterways Experiment Station, March 1953 PLATE 7 • • Scale: 1" = 50' Residual • • Jerry Lee Sciacca Deed Ref. 94-07669 e /// iii' /%�!�'11' />7 (.Sot ��;%0,//14(;//// refnpor�s7Cjgtt veza/,// ons E ei cGon �w/; m (includes 1,907 sq. ft. in TCGE /0 4,203 sq. ft. in Drainage Esm d 4,136 sq. ft. in Drain. TCGE) N 0 z meant N Nf 124.88 NOTE: TRACTS HAVE BEEN ROTATED TO ARKANSAS STATE PLANE COORDINATES, NORTH ZONE. • • Data and Deed Call Listing of File: SCIACCA.DES Tract 1: Tract 2: Tract 3: Tract 4: Tract 5: Tract 6: Tract 7: Tract 8: 0.717 Acres: 0.305 Acres: 0.083 Acres: 0.222 Acres: 0.044 Acres: 0.413 Acres: 0.096 Acres: 0.095 Acres: 31237 Sq Feet: 2902.0 Sq Meters: No significant closure error. : Perimeter = 773 feet 13267 Sq Feet: 12315 Sq Meters: No significant closure error.: Perimeter = 488 feet 3594 Sq Feet: 333.9 Sq Meters: No significant closure error. : Perimeter = 357 feet 9673 Sq Feet: 898.6 Sq Meters: No significant closure error. : Perimeter = 433 feet 1907 Sq Feet: 177.1 Sq Meters: No significant closure error. : Perimeter = 285 feet 17971 Sq Feet: 1669.5 Sq Meters: No significant closure error.: Perimeter = 540 feet 4203 Sq Feet: 390.5 Sq Meters: No significant closure error.: Perimeter = 517 feet 4136 Sq Feet: 384.2 Sq Meters: No significant closure error. : Perimeter = 454 feet 001=NO2.2548E 290.03 002=S54.5534E 148.42 003=S02.2717W 210.02 004=n87.3243w 124.88 005=@1 whole r/w 006=/NO2.2548E 155.47 007=NO2.2548E 134.56 008=554.5534E 148.42 009=S02.2717W 77.76 010=N77.0128W 127.09 011=@I existingr/w 012=/NO2.2548E 155.47 013=/NO2.2548E 108.41 014=NO2.2548E 26.15 015=S54.5534E 148.42 016=502.2717 W 31.36 017=N53.1542W 151.29 018=@I newr/w 019=/NO2.2548E 155.47 020=NO2.2548E 108.41 021=S53.1542E 151.29 022=S02.2717W 46.40 023=N77.0128W 127.09 024=@1 15' TCGE 025=/NO2.2548E 155.47 026=s02.2548w 15.26 027=s77.0128e 127.08 028=n02.2717e 15.26 029=n77.0128w 127.09 030=@1 remainder 031=NO2.2548E 155.47 032=577.0128E 127.09 033=S02.2717W 132.26 034=N87.3243W 124.88 035=@I drainage esmt 036=NO2.2548E 20.0 037=s87.3243e 109.88 038=NO2.2717E 115.05 039=S77.0128E 15.26 040=S02.2717W 132.26 041=N87.3243W 124.88 042=@1 drainage TCGE 0434n02.2548e 20.00 044=s87.3243e 109.88 045=n02.2717e 115.05 046=n77.0128w 20.34 047=s02.2717w 98.76 048=n87.3243w 89.89 049=s02.2548w 20.0 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE June 7, 1999 TO: Fred Hanna, Mayor THRU: Charles Venable, Director of Public Works &0 Jim Beavers, City Engineer FROM: Ed Connell, Land Agent RE: Sixth Street Extension to Huntsville Road Jerry L. Sciacca: Tract #6 Right of Way & Temporary Easement Acquisition Please find herewith an Offer and Acceptance Contract between the City and Jerry L. Sciacca for the acquisition of road right of way and temporary construction easement in association with the subject project. The City offered $46,565.00 for the property involved, based upon an independent appraisal. Mr. Sciacca has agreed to the proposed compensation of $46,565.00. Included are two original contracts which need to be executed on behalf of the City. This contract is, of course, subject to the approval of the City Council. Included for your information is the appraisal summary sheet for the tract involved with this transaction. As noted, this transaction involves the fee simple acquisition of 0.22 acres of land from a total of 0.64 acre. Included on this land is an old service station which the City is purchasing. Additionally, there is a permanent drainage easement along the entire East and South sides of this property, as well as temporary construction easements for the roadway construction and the drainage construction. Additionally, the appraiser has determined that taking 1/3 of the land actually will damage the remaining property to the extent of almost $8,000/acre, or essentially $3,600 for the remaining property. It is recommended that this contract be accepted by the City administration and Council. The Sciacca property, along with the Combs property and the Smith property, constitute approximately 99% of the total area acquisition for this project. Additional temporary easements must be obtained before this project can proceed. Please sign on behalf of the City at the places indicated and return both documents to Ed Connell. Appraisal Summary: Jerry Lee Sciacca ROW Fee Simple Acquisition: 9673 ft2@ $1.00/ft2 $ 9,700 Permanent Drainage Easement: 4203 ft2 @$0.25/ ft2 1,050 Temporary Construction Esmt. ; 6043W @0.10/ft2 615 Improvements: Structure 28,000 Parking 3,600 Damages: 20% Loss of Value to Remainder 3.600 Total Compensation $46,565 O2/4 -z OFFER AND ACCEPTANCE CONTRACT 1. The City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. Seller agrees to enter into a Temporary Construction and Grading Easement with the City of Fayetteville, the description of said Easement as shown in Exhibit "B" attached hereto. The Temporary Construction and Grading Easement will terminate upon completion and acceptance by the City of Fayetteville the project that extends Sixth Street from Wood Avenue to Huntsville Road. 3. Seller agrees to enter into a Drainage Easement with the City of Fayetteville, the description of said Easement as shown in Exhibit "C" attached hereto. 4. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property referred to in Item #1 and the easements referred to in Items #2 and #3, at closing, the total and cash payment of $46,565.00. 5. Contingent Earnest Money Deposit: The Buyer will, within two (2) weeks of receipt of this contract, fully executed, tender a check for $1,000.00 to Jerry L. Sciacca, hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase price. This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will be returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded to the Buyer. If the Buyer fails to fulfill his obligations under this contract or after all conditions have been met, the Buyer fails to close this transaction, the earnest money may, at the option of the Seller, become liquidated damages to the Seller. Alternatively, the Seller may assert legal or equitable rights which it may have because of breach of this contract. 6. Conveyance will be made to the Buyer by general Warranty Deed, Temporary Construction and Grading Easement, and Drainage Easement, except they shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such Warranty Deed conveyance shall include mineral rights owned by the Seller. The Seller shall furnish a policy of title insurance on Item #1 in the amount of $44.900.00 from a title insurance company as selected by the Buyer. Buyer and Seller shall share equally in the cost of title insurance. 8. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property. Seller agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer. OFFER AND ACCEPTANCE CONTRACT Page 2of6 9. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. Buyer shall pay to Seller at closing that prorated portion of taxes and assessments due for the tax year of purchase. 10. Seller shall, prior to closing, obtain a release from any mortgagor of the property described in Item #1 above and provide Buyer with information from said mortgagor as to the required distribution of proceeds from the sale hereof. 11. The closing date is designated to be thirty (30) days after approval of this offer by the City Council of Fayetteville, Arkansas. If such date falls on a weekend or holiday, it will be held the following working day. Seller and Buyer shall share equally in the closing fees if an independent closing agent is retained for this purpose. 12. Possession of the property shall be delivered to the Buyer on the date of closing. 13. Seller hereby grants permission for the Buyer or its employees or designates to enter the above described property and improvements for the purpose of inspection and/or surveying. 14. All fixtures, improvements and attached equipment associated with the property described in Item #1 are included in the purchase price. 15. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 16. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge. Results from the environmental assessment report by Grubbs, Hoskyn, Barton & Wyatt, Inc., Consulting Engineers, dated February 1999, were that the soils at this property (631 Huntsville Road, Fayetteville, Arkansas) are not contaminated above detectable limits as a result of previous use of the property. 17. This agreement shall be governed by the laws of the State of Arkansas. 18. This agreement, when executed by both the Buyer and the Seller shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 19. This contract expires, if not accepted by the Seller on or before the 18th day of June, 1999. OFFER AND ACCEPTANCE CONTRACT Page 3 of 6 20. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER OF THE $1,000.00 EARNEST MONEY DEPOSIT. SELLER: Je . Sciacca AGENT OR WITNESS: BUYER: City of Fayetteville, Arkansas, a municipal corporation Fre Hanna, Mayor Date: Date: Date: G 7 0 Date: (SEAL) • .. �; . . , . •.- .% X11 ' n^ i h L ♦ •1 S OFFER AND ACCEPTANCE CONTRACT Page 5of6 EXHIBIT "B" TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION A temporary construction and grading easement fifteen (15) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest corner of Lot 10 of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas; thence with the west line of said Lot 10, North 02° 25' 48" East 155.47 feet, to a point on the proposed new south right of way of Sixth Street, said point also being the Point of Beginning; thence with said south right of way line, South 77° 01' 28" East 127.09 feet, to the east line of Lot 10; thence with said east line, South 02° 27' 17" West 15.26 feet; thence North 77° 01'28" West 127.08 feet; to the west line of Lot 10; thence with said west line, North 02° 25' 48" East 15.26 feet, to the Point of Beginning and containing 1,907 square feet (0.044 acre), more or less, SIGNED FOR IDENTIFICATION: SELLER: J L. Sc cca \DWG\DESIGN\6TH\acquisition\6th_acq. dwg Fri Mar 19 14: 55: 16 City Engineering Division • P J TI m A Protect No, 96044 Sixth Street Right of Way Parcel No. 76.5.02499-000 Tract No. 6 DRAINAGE EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Jerry Lee Sciacca and , 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 and a temporary construction and grading 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: Lot Ten (10) in Aumick'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. LESS AND EXCEPT: A part of Lot Ten (10) of Aumick's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of Lot 10; thence with the west line of said Lot 10, North 02° 2548" East 155.47 feet, to the Point of Beginning; thence continuing with said west line, North 02° 25' 48" East 134.56 feet; thence South 54° 55' 34" East 148.42 feet, to the east line of said Lot 10; thence with said east line South 02° 27' 17" West 77.76 feet; thence North 77° 01 28" West 127.09 feet, to the Point of Beginning and containing a total of 13,267 square feet (0.305 acre), including 3,594 square feet (0.083 acre) in existing Huntsville Road right of way, more or less. The bearings for this description are based on Arkansas State Plane Coordinates, North Zone, the system which the City of Fayetteville presently uses. This bearing system may vary from the bearings used in previous descriptions of this property. A permanent drainage easement more particularly described as follows: Beginning at the Southwest corner of Lot 10; thence North 02° 25' 48" East 20.0 feet; thence South 87° 32' 43" East 109.88 feet; thence North 02° 2717" East 115.05 feet, to a point on the proposed new south right of way line of Sixth Street; thence with said South right of way line, South 77° 01' 28" East 15.26 feet, to the east line of Lot 10; thence with said east line South 02° 27' 17" West 132.26 feet; thence with the South line of said Lot 10, North 87° 32' 43" West 124.88 feet, to the Point of Beginning and containing 4,203 square feet (0.096 acre), more or less. A temporary construction and grading easement twenty (20) feet in equal and uniform width, being more particularly described as follows: Commencing at the Southwest corner of Lot 10; thence with the west line of said Lot 10, North 02° 25' 48" East 20.00 feet, to a point on the north line of the above described Permanent Drainage Easement, said point also being the Point of Beginning; thence with said north line South 87° 32' 43" East 109.88 feet; thence North 02° 27' 17" East 115.05 feet, to a point on the proposed new South right of way of Sudh Street thence with said South right of way line, North 77° 01' 28" West 20.34 feet thence South 02° 2T 17" West 98.76 feet; thence North 87° 32' 43" West 89.89 feet; thence South 02° 25' 48" West 20.00 feet, to the Point of Beginning and containing 4,136 square feet (0.095 acre), more or less, 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 and grading 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 this temporary construction and grading easement shall exclude any permanent structure presently located within the above described temporary construction and grading easement area. 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. DRAINAGE EASEMENT Sciacca Page 2 of 2 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 covenantor agreement not herein expressed. WITNESS the execution hereof on this the day of , 19_ Jerry Lee Sciacca (Spouse) ACKNOWLEDGMENT afiva.J S! 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 Jerry Lee Sciacca and to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/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 , 19 MY COMMISSION EXPIRES: Notary Public i ► 0 0 S. APPRAISAL REPORT FOR CITY OF FAYETTEVILLE Limited Summary Appraisal Report PROJECT Sixth Street Extension (Project No. 96044) COUNTY Washington PARCEL ft 765-02499-000 LOCATION Lot #10 Aumicks Addition FEE OWNER Jerry Lee Sciacca ADDRESS 631 E. Huntsville Rd., Fayetteville, AR 72701 ESTATE APPRAISED Fee Simple AREA OF WHOLE .635 acres AREA OF RESIDUAL .413 acres • AREA OF PERMANENT ACQUISITION 9,673 SF or .22 Ac. (Descriptions attached) 4703 ,446 Drainage Easement -3,151 -Sy. Ft. or.074acre /0043 •13°1 Temporary Construction Easement 3a$9 -Sy. Ft. or .1 JJ acre ESTIMATED FAIR MARKET VALUE OF THE PROPERTY: Before • Land $ 27,644 Improvements $ 31,600 Total $ 59,244 • After Land $ 14,990 Improvements $ 0 Total $14,990 .., • FAIR MARKET VALUE OF PERMANENT R -O -W ACQUISITION $ 44,254 Say $ 44,300 • As of 27th day ofAugusr, 1998' ALLOCATION OF F.M.V. OF TOTAL ACQUISITION R -O -W 9,673 SF ® $1.00/SF = $ 9,673 Say $ 9,700 pfd — Drainage Esmt0.t3,-131-SF ® $.25/SF = $ 768'io5OSay $ 80& IOSO J ge 4 C01 eoJ T • T.C.E.' 3 o8y�SF @ $1.00/SF x .10 x 1 =$ 374-bOySay $ -608- (01S Trees None $ 0 / i ,fir Improvements: Structure 800 SF ® $35/SF = $ 28,000 $ 28,000 4 p!4 'S A' Parking 2,860 SF ® $1.25/SF = $ 3,575 Say $ 3,600 Total R -O -W, T.C.E., Trees, & Improvements $ 42,700 Damages or Benefits: p147820 -x .20 = $ 2,964 Say $--3;000 .%��� Total Compensation /7,-'�7/ � gEr.)Q $45,700• "s Iccs r Rd ATTACHMENTS: rPrP ,r) ZA ' X Certificate of Appraiser �A r ►t •Ii X Photographs �5 ft Appra' er, Mark E. Risk Ggt>,t:�H.GQg,3jp2 X Site, Improvement, H&B Use Narrative ? ' X Legal Descriptions .:. �::, ,.•`"..,.....: X Market Data Approach . `: r'T ? "�� {.° X Survey %_:!�:?� ;O • X Tax Assessment Card I ;:;;_';!_ .sear. * Drainage Easement Value based upon 25% of the fee simple land value per appraisKr research. Temporary Construction Easement (T.C.E.) value is based upon the fee simple Iniid'v4iue multiplied?' times the Current Yield on I Year CDs for a I year period plus a premium for inconvenieucr,.; ;;''' FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: July 14, 1999 Attached is a copy of the resolution authorizing the purchase of land from Jerry Sciacca for the extension of Sixth Street from Wood Avenue to East Huntsville Road. The original will be microfilmed and filed with the City Clerk.