HomeMy WebLinkAbout43-01 RESOLUTIONRESOLUTION NO. 43-01
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF LANDS OWNED BY
RICHARD L. AND JUNE HILL
WHEREAS, the City of Fayetteville and Richard L. Hill have agreed on a fair
price for the property owned by Mr. And Mrs. Richard L. Hill that is needed for
Roadway and Water Line Easements on Double Springs Road near Owl Creek; and
WHEREAS, Richard L. Hill has signed a Contract To Sell Real Estate For
Highway Purposes, but Mrs. Hill cannot sign as she lacks legal capacity and competence,
and Mr. Hill cannot find a valid Power of Attorney authorizing him to sign the
Contract for his wife; and
WHEREAS, the Arkansas Highway Department needs to gain possession of this
property promptly to bid out the contract for the new Owl Creek Bridge.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Fayetteville City Attorney is authorized to file suit to seek court
ordered possession o the Hills' property, and to pay into Court the agreed, fair market
appraisal of Fourteen Thousand Dollars ($14,000.00)
c*
;I tAnYiE:ISk.„(4c:;SSED AND APPROVED this 275 day of March, 2001.
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ATTEST:
By:
iednordl
Heather Woodruff, City Clerk
APPROVED:
By:
•
•
NAME OF FILE: Resolution No. 43-01
•
CROSS REFERENCE:
03/20/01
Resolution No. 43-01
02/23/01
Letter to Jim Beavers from James D. Gaither, Right of Way Division,
Arkansas State Highway & Transportation Department and additional
information concerning Job: 040152, BRN-9142(1), Owl Creek Street &
Apprs. Washington County
03/08/01
Departmental Memo to Fayetteville City Council thru Dan Coody,
Mayor, Don Bunn and Jim Beavers from Ed Connell
03/20/01
Staff Review Form
NOTES:
02/27/2001 13:44 501-569-.8
AHTD RIGHT OF W Aili
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Telephone (501) 569-2000
Jim Beavers
City Engineer, City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mr. Beavers:
February 23, 2001
PAGE 02
P.O. Box 2261
Little Rock, Arkansas 72203-2261
Telefax (501) 569-2400
Re: Job: 040152
BRN-9142(1)
Owl Creek Str. & Apprs.
Washington County
Transmitted are the checks for the amount of the appraisals and for filing fees for the property
owner listed below.
Tract Owner
5
Appraised Value
Richard L. & June Hill $14,000.00
Filing Fee $101.00
Please file this case by March 22,2001 to allow time for possession of the property. If this is not
possible, please advise when possession can be obtained so that advance notification can be
given to the highway contractor.
If additional information or assistance is required, please call Mr. Randy Lewis, Section Head of
Acquisition, at 569-2585.
JDG:es
Sincerely,
James D. Gaither
Division Head
Right of Way Division
02/27/2001 13:44 501- 69-2010
1 (
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•
ARKANSAS 13IGHWAY AND TRANSPORTATION DEPARTMENT
ENGINEERING SECTION, RIGHT OF WAY DIVISION
JOB NUMBER: 040152
JOB NAME: OWL CREEK STRS. & APPRS.
(FAYETTEVILLE)
CERTIFICATE OF TITLE
OWNER(S) OF RECORD: RICHARD L HILL & JUNE KILL H/W
TYPE OF INSTRUMENT: WARRANTY DEED
DATE OF INSTRUMENT: 11-08-74 DATE FILED' 03-22-76
RECORDED AT BOOK (INSTRUMENT): 900 PAGE: 692
CONSIDERATION: S 1 OGVC REVENUE STAMPS: $ 17.60
GRANTOE(S): TORY REPASS & DOROITIY ANN REPASS EUW
PAGE 03
aajo--10-'
/9 it
1142 -g -
SEE PAGE TWO FOR CHAIN OF TITLE
MORTGAGES, JUDGMENTS AND ALL OTHER LIENS AFFECTING SAID LAND NOT RELEASED:
NATURE OF LIEN: NONE
HOLDER :
BOOK (INSTRUMENT) PAGE DATE FILED
NATURE OF LIEN;
HOLDER:
BOOK (INSTRUMENT) PAGE DATE FILED
NATURE OF LIEN:
HOLDER:
BOOK (INSTRUMENT) PAGE DATE FILED
NATURE OF LIEN:
HOLDER
BOOK (TNSTRUMENT) PAGE DATE FILED
TAXES AND ASSESSMENTS FOR THE YEAR 2001 ARE IN THE NAME OF:
RICHARD L & JUNE HILL PARCEL NUMBER. 765-16158-000
TAXES FOR 1999 ARE PAWN 5985.47, UNPAID 0 AMOUNT DUE S
TAXES FOR 2000 ARE PAIDO $ , DUELS) $1028.19
�R1 itn TO BE CORRECT (AS SHOWN OF RECORD) THIS 12th DAY OF JANUARY, 2001
TIM ROBERTSON, ABSTRACTOR
TRACT NO. 05 CERTIFICATE NO. 04 PAGE NO. 1 OF 2
02/27/2001 13:44 501-569-2018 AHTD RIGHT OF WAY
4110
JOB NO. 04152
TRACT NO. 5
CONTRACT' TO SELL
REAL ESTATE FOR FUGHWAY PURPOSES
PAGE 04
C:
KNOW ALL MEN BY THESE PRESENTS:
THAT 1/We Richard L. & June Hill for and in consideration of and other valuable consideration,
cash in hand paid, the receipt of which is hereby acknowledged, grant, bargain, sell and convey and
warrant to the City of Fayetteville, Arkansas, its successors and assigns forever an exclusive right of
way and easement for highway purposes on Double Springs Road, Job 040152, across, through and
over the following lands situated in the County of Washington , State ofArkansas:
LEGAL DESCRIPTION
Part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 16 North, Range 31
West, Washington County, Arkansas, more particularly described as follows:
Starting at the Northeast Comer of the Southeast Quarter of the Southeast Quarter of Section 10; thence
North 89° 11' 25" West along the North line thereof a distance of 1280.99 feet to a point on the
Easterly proposed right of way line of Double Springs Road for the point of beginning; thence South
000 56' 02" West along said proposed right of way line a distance of 183.46 feet to a point; thence
South 100 40' 40" East along said proposed right of way line a distance of 251.04 feet to a point; thence
North 890 15' 26" West along said proposed right of way line a distance of 97.22 feet to a point on the
West line of the Southeast Quarter of the Southeast Quarter of' Section 10; thence North 010 06' 15"
East along said West line a distance of 57.27 feet to a point on the Easterly existing right of way line of
Double Springs Road; thence North 100 20' 44" East along said existing right of way line a distance of
25.97 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve
to the left having a radius of 1998.50 feet a distance of 323.04 feet to a point; thence North 01° 05' 04"
East along said existing right of way line a distance of 25.19 feet to a point on the North line of the
Southeast Quarter of the Southeast Quarter of Section 10; thence South 89° 11' 25" East along said
existing right of way line and said North line of the Southeast Quarter of the Southeast Quarter of
Section 10 a distance of 10.46 feet to a point on the Easterly proposed right of way line of Double
Springs Road; thence South 890 11' 25" East along said proposed right of way line and the North line
of the Southeast Quarter of the Southeast Quarter of Section 10 a distance of 4.85 feet to the point of
beginning and containing 0.42 acre or 18,275 square feet more or less.
DM/II
5/5/00
Together with the rights, easements and privileges in or to said lands which may be required for
the full enjoyment of the right herein granted.
TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas, and to its
successors and assigns forever.
AND 1/We hereby covenant with the said City of Fayetteville, Arkansas that We will forever
warrant and defend the title to said lands and property against the lawful claims of any and all persons
whomsoever.
AND 1/We, do hereby release and relinquish unto the said grantee all my right of dower or
curtesy and homestead in and to said lands.
Witness signature on this MeAday of 3—alltidryt94299
(SIGNATURE)
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PAGE 05
IMPROVEMENTS
APPRAISED
SALVAGE
VALUE
RETAINED
BY GRANTOR
AMOUNT
OF BOND
REQUIRED
WILL GIVE ACTUAL
POSSESSION OF
IMPROVEMENTS
NOT
RETAINED
YES NO
Driveway Gravel
0
..,
-0-
At Closing
Grantor(s) agrees that the items checked for removal for salvage will be removed on or before
30 days after closing and expressly waives all claims for damage, injury or loss on account of such
removal by him, or removal after this date by the City of Fayetteville, due to failure of Grantor(s) to
complete removal by the designated date.
COMPENSATION BREAKDOWN
APPRAISED VALUE of Real Estate Including Damages to Remainder $ 14,000.00
LESS SALVAGE VALUE - IMPROVEMENTS RETAINED —
NET PAYMENT DUE $ /4/i oao
03
The Grantor(s) agrees to put up bond at the time of closing of this transaction for the removal of
improvements retained, in the amount of N/A .
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
Contract to Sell. In the event that any buildings, fixtures, appurtenanceS, Or other improvements are to
pass to and become the property of the City in connection with the real property herein covered.
Grantor(s) agrees to keep the same in good condition without waste, damage or destruction. Grantor(s)
also agrees to allow the City permission to enter upon that part of the remaining property necessary for
the sole purpose of removing any improvements acquired by the City, which lies outside the right of way,
and not retained by the Grantor, or for the removal of foundations of improvements which am retained.
The City shall have the irrevocable right to exercise the "Contract to Sell" at any time within (90)
days from date; and it is agreed that if, within the time above specified, the said City shall declare its
intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s)
will sign and execute a Easement Deed when presented by the City and receive payment of the stated
"Net Payment Due" from the said City less any amount that may be found due and payable to any
mortgagee. Unless stated to the contrary herein the conveyance shall include buildings, improvements,
and appurtenances to the land described. It is expressly understood that the said City shall not be
obligated further unless stated herein to wit:
It is understood and agrr-ed that closing costs will not accure to the Grantor(s) as the Grantee's
Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording
all instruments conveying title to the City of Fayetteville.
02/27/2001 13:44 501-569-2018
AHTD RIGHT OF WAY PAGE 06
• •
No person lawfully occupying real property shall be required to move from a dwelling,
business or farm operation without 30 days written notice from the date of payment of the
consideration set forth herein.
The Arkansas State Highway Commission is hereby authorized and directed to make
payment of the purchase funds for the conveyance to Me.4ard
Dated this /23,0 day of 3-73 te at),
Signa
ss# it -3 a.. sf.2..,7440
Signature
SS#
,20 0/.
Signature
SS#
ACKNOWLEDGMENT
STATE OF 46a4art )
COUNTY
BE IT REMEMBERED, that on this day came before the undersigt1, a Notary Public,
SaA/1215.
within and for the County aforesaid, duly commissioned and acting
SS
to me well known as the Grantor(s) in the foregoing Contract to Sell and State that %Chas
executed the same for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public
24 <Jill
OFFICIAL SEAL
SHERRY B. PRATT
NOTARY PUBLIC -ARKANSAS
MISSISSIPPI COUNTY
WY COMMISSION EXPIRES: 1141-2010
MY COMMISSION EXPIRES:
//-d/-/a
NOT
• •YPUV•
02/27/2001 13:44 501-569-2018
JOB: 40152
AHTD RIGHT OF WAY
5 DATE rfs, --(2/ FAA?
WIC= 1 e /77/
FIRST MIDDLE LAST
111/17
M RTIAL STATU
PAGE 07
ROUTE -BOX- TREET CITY
STA PHONE #
FIRST MJDDLE
LAST MARTIAL STATUS RACE
ROUTE -BOX -STREET CITY STATE ZIP PHONE #
MORTGAGEE:
NAME
ROUTE -BOX -STREET CITY STATE ZIP
Person Contacted /-/o-o/ add",
leace of Contact
te• /0 - .0 /
Date contract, brochure and first offer letter delivered
1st CONTACT
3rd CONTACT
2nd CONTACT
4th CONTACT
I -540-d/
ARE THEY RETAINING SIGN? YES: NO:
I. Ownership infortnation correct? No 4. Is there a lease?
C•.....)Yes
2. Have you sold any part of property in 5 Can this be closed by mail?
past year
Yes
Yes
e.
3. Is there a contract buyer?
6.
Yes
Sze.„„) No
Offered to purchase uneconomic
remnant?
Purchased uneconomic remnant? Yes
Yes 0
SIGNATURES
Joint ownership -owner & spouse
Individual ownership - owner & spouse If deceased - spouse, children & spouses Or if probate is pending
and not closed - Take contact to owner's attorney for petition and court approval to AHC
Life estate holder(s) and spouses
Remaindermen (of life estate) and spouses
Guardianship (Minor or incompetent) - Take contract to land owner's attomcy for petition and court
approval
Divorced owners - (refer to divorce decree or/and property settlement (if exists) for exact owners of subject
tract) - get new spouses signature, also.
General Partnership - ALL partner's signatures
Limited Partnership - managing partner's signature
Corporation - 2 officers signatures
Trustees - number as set out in by-laws (i.e. charters, lodges)
City - Mayor or city clerk/ Bankruptcy Chapt. Chapt. 11
County - County Judge and County Clerk ($500.00 & under)
Chapt. 12 Chant. 13
Power of Attorney - Need Signature of Land Owner(s) by their Attny.-infact and signature of attny.-in Fact.
DOCUMENTS ORJAND INFORMATION
Partnership Agreement, Trust Agreement, Corporate Resolution, Board Resolution, Mortgagee Info-Namc
and address of Mtgee. And Loan No., Death certificate (if available) or death dates of ALL record owners,
City Ordinance or/and Minutes of City Council meeting, Co ourt Ord ver $500.00).
egotia
02/27/2001
13:44
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•
PAGE 08
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CALIFORNIA WHOLESALE CO.
Wholesale Sporting Goods
TeleptKine
889-59.36
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San Bernardino, CA
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•
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501-569-2018
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NEGOTIATORS NARRATIVE
AHTD RIGHT OF WAY
•
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AHTD RIGHT OF WAY
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PAGE 11
•
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02/27/2001 13:44
501-569-2018
•
ARKANSAS STATE
AHTD RIGHT OF WAY PAGE 12
APPRAISAL REPORT
FOR
HIGHWAY AND TRANSPORTATION DEPARTMENT
•
JOB: 040152 PROJECT: BRN-9142(1) County: Washington
LOCATION:
FEE OWNER(S):
ADDRESS:
PHONE:
TENANT(S):
ADDRESS:
PHONE.
Owl Creek Str. & Apprs.
Richard L. and June Hill H/W
686 No. Double Springs Rd., Fayetteville, AR 72704
501-443-1402
TRACT: 5
of- 3tu- 11' 6 6 Cal 62411-ated
ini.."46.1) fthe 4k1I4/149 - 902
AREA OF WHOLE: 2.44± acres
AREA OF REMAINDER: 2.02± acres
AREA OF ACQUISITION: 0.42± acre
(Title Certificate and Legal Descriptions Attached)
PERMANENT EASEMENT(S):
TEMPORARY EASEMENT(S):
ESTATE APPRAISED: Fee Simple
HIGHEST S BEST USE:
Highest and Best Use is defined as "that reasonable and probable use that will support the
highest present value, as defined, as of the effective date of the appraisal.
Alternatively that use, from among reasonable, probable and legal alternative uses, found
to be physically possible, appropriately supported, financially feasible and which results
in highest land value."
PURPOSE OF APPRAISAL:
To estimate the Fair Market Value of described property, including all damages and/or
benefits that are allowed under State law to the remaining property, as just compensation
for the property acquired.
mAlm4FT VALUE CONCEPT:
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently
and knowledgeably, and assuming the price is not affected by undue stimulus.
ALLOCATION OF COMPENSATION
Land: 0.42 sere x $33,000/acre =
Improvements: Driveway gravel
Cost To Cure Items:
Sign Relocation/Purchase:
Permanent Easements:
Temporary Easements:
TOTAL COMPENSATION AS OF November 8, 2000
Rnd
13,875.00
125.00
14,000.00
COMMENTS: the contractor will handle Fencing. Tree value in the acquisition is included in
the land value. As per Roadway Design add driveway at Station 45425±
Date: November 12, 2000
—4901117
George Hohn aum, Appraiser
Job: 040152
Tract: 5
13 44 501- 6Ili/9-2018
32141:Sn
AHTD RIGHT OF WAY
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FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
DATE: March 8,2001
TO: Fayetteville City Council
THRU: Dan Coody, Mayor
Don Bunn, Assistant Public Works Director
Jim Beavers, City Engineer/, beitietcy
FROM: Ed Connell, City Land Agent,
RE • Owl Creek Bridge
Road Right of Way Easement
Richard Lee and June Hill, TR #5
Acquisition by Court Order
According to the Arkansas State Highway and Transportation Department, design and plans for
implementation of the new bridge across Owl Creek tributary on Double Springs Road are ready for bid
letting within the next month or two. At this point in time, all of the required rights of way have been
obtained by the AHTD with the exception that one property owner does not have the signatures of all parties
of interest in that property. It should be kept in mind that this is a City project, not a Highway Dept. project.
Mr. Richard Lee Hill and his wife June Hill are owners of property (2.44 acres) on the East side of Double
Springs Road and North of the City's Lift Station No. 22. Right of Way acquisition, via Easement Deed,
amounts to 0.42 acres Mr. Hill accepted the AHTD offer for this acquisition and signed the Contract to Sell
document. Mr. Hill further signed for his wife saying that he had her Power of Attorney and that she was
incapacitated. Mrs. Hill is still completely incapacitated in a nursing home in California and Mr. Hill now
says that he is unable to locate the POA and cannot remember the attorney who prepared the document. The
AHTD has not closed on this Easement Deed and will not be able to do so without a guardianship or POA
giving Mr Hill authority to sign for his wife or a granting of the right of way by court order.
Since the AHTD wishes to go to bid on this project ASAP, it is agreed that the City will seek condemnation
on this matter in an effort to expedite the project The Fayetteville City Council is hereby requested to pass
an ordinance authorizing the Fayetteville City Attorney to seek court ordered possession of the subject lands
as described in the attached proposed Contract to Sell document. The city possession of this land will be
under the terms of an easement, not a fee simple estate.
As noted, this request is made in an effort to clarify a legal matter and not because the owner and the
AHTD/City were unable to come to an agreement. If you have any questions, please do not hesitate to
contact me at 444-3415.
•
N89°I l'25"W
243.30
(5)
Richard L. & June Hill
2.44 Ac Total
2 02 Ac remainder
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N01°06115"E
0
Title: Owl Creek Bridge: Tr #5, Richard L. & June Hill
Date: 02-22-2001
Scale: 1 inch = 100 feet
File: 05-owlc.des
Tract 1: 2.441 Acres: 106332 Sq Feet: Closure = s80.2845e 0.01 Feet: Precision =1/217075: Perimeter = 1413 Feet
Tract 2: 0.000 Acres: 0 Sq Feet: Closure = n76.5753w 65.83 Feet: Precision =1/ 1: Perimeter = 70 Feet
Tract 3: 0.000 Acres. 0 Sq Feet: Closure = n67.0543w 46.33 Feet: Precision =1/ 1: Perimeter = 50 Feet
Tract 4: 0.419 Acres. 18272 Sq Feet: Closure = s08.4911w 0.01 Feet: Precision =1/124799: Perimeter = 979 Feet
001=N89.1125W 243.30
002=N89.1125W 90.78
003=N89.1 125W 4.85
004=N89.1125W 10.46
005=S01.0504W 25.19
006. Rt, R=1998.50, Am323 04
007=S10.2044W 25.97
008=S01.0615W 57.27
009S89.1526E 48.53
0l0S89.1526E 48.69
011=N31.5210E 82.54
012=N59.0656E 49.90
013=N39.1933E 319.57
014=N01.0615E 82.50
015=@1
016=S89.1 125E 50
017=S45.0E 20
018=@1
019=/S89.1 125E 65
020WN45.0W 25
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•
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X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
• STAFF REVIEW FORM
For the Fayetteville City Council meeting of March 20, 2001
FROM:
Ed Connell
AMP
ACTION REWIRED: Approval
June Hill , 686 N. Double Springs
on the specific documents.
•
Engineering Public Works
cum 1 )epartm ent
of a resolution authorizing City Attorney to seek court possession of lands owned by Richard L. and
Road, for Roadway and Water Line Easements due to the inability of obtaining alt legal signatures
COST TO CITY:
$14,000
Cost of this Request
4470-9470-5817-00
Account Number
98036
Project Number
Double Springs Road
2-oo Bndge Replacement
Category/Project Budget Category/Project Name
0
Funds Used To Date Program Name
Sales Tax CIP
Remaining Balance Fund
BURET E
X Budgeted Item Budget Adjustment Attached
.401•97:178 I a
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
c5LiVgi (791 -47.0.-ts Z-11101
nager ate itor Date
Purchasing Officer
ate
Date
ADA Coordinator Date
STAFF RECOMMENDATION: In an effort to have this project bid on April or May of 2001, it is necessary to ob ain possession of
the easement lands involved from this owner(s). AHTD has talked with nursing home in California and they advised that Mrs. Hill is
totally incapacitated. Staff recommends approval and finalization of this request at the 03-06-2001 meeting.
ision
•
Allie
ment 1 tor
I '1/4
IIII
jinistr ivJ a 1 'rector
Mayor
Ct.i.4464/
ate
Date
Cross Reference
New Item: Yes X No
Prey Ord/Res #:
Orig Contract Date:
•
STAFF REVIEW FORM
Description Owl Creek Bridge: Richard L. Hill Roadway and
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Water Easements condemnation Meeting Date 03-20-2001
Reference Comments:
Page 2