HomeMy WebLinkAbout113-03 RESOLUTIONRESOLUTION NO. 113-03
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
PAUL MARINONI, JR. AND SUELLEN MARY MARINONI IN
AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND
FOUR HUNDRED DOLLARS ($43,400.00) FOR THE PURCHASE
OF APPROXIMATELY SEVENTY (70) FEET OF RIGHT-OF-WAY
FOR THE EXTENSION OF BROYLES ROAD AND TO OBTAIN
PERMANENT AND TEMPORARY EASEMENTS FOR THE
CONSTRUCTION OF SEWER LINES TO THE NEW
WASTEWATER TREATMENT PLANT; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-EIGHT
THOUSAND FOUR HUNDRED DOLLARS ($78,400.00) FOR
SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Offer and Acceptance contract between the City of
Fayetteville and Paul Marinoni, Jr. and Suellen Mary Marinoni in an amount not
to exceed Forty -Three Thousand Four Hundred Dollars ($43,400.00) for the
purchase of approximately seventy (70) feet of right-of-way for the extension of
Broyles Road and to obtain permanent and temporary casements for the
construction of sewer lines to the new Wastewater Treatment Plant. A copy of
the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of Seventy -Eight Thousand
Four Hundred Dollars ($78,400.00) for same.
PASSED AND APPROVED this 51h day of August, 2003.
SONDRA SMITH, City Clerk
OFFER AND ACCEPTANCE CONTRACT
The City of Fayetteville,
Arkansas, a
municipal
corporation, offers to buy, subject to the terms and
conditions set forth herein,
the following
described
property.
SEE ATTACHED EXHIBIT'A'
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, $40.000.00 for Tract 'A' to be used as right of way of Broyles Road, $11,700.110 for Tract 'B'
which is a 15 -foot permanent Water/Sewer Easement, AND $1,700.00 for Tract OC" which is a 30 -foot
Temporary Construction and Grading Easement for a total cash payment of 400.00.
3. Contingent Earnest Money Deposit: The City of Fayetteville will tender a check for $ 800.00 to Paul
Marinoni, Jr. and Suellen Mary Marinoni , as earnest money, which shall apply on the purchase price of
this property within three weeks of the acceptance of this offer by Paul Marinoni Jr. and Suellen Mary
Marinoni. 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 retumed to the City of
Fayetteville by Paul Marinoni. Jr. and Suellen Mary Marinoni . If title requirements are not fulfilled or Pau
Marinoni. Jr. and Suellen Mary Marinoni fail(s) to fulfill any obligations under this contract, the earnest
money shall be promptly refunded to the City of Fayetteville. If the City of Fayetteville fails to fulfill their
obligations under this contract or, after all conditions have been met, the City of Fayetteville fails to dose
this transaction, the earnest money may, at the option of Paul Marinoni. Jr. and Suellen Mary Marinoni ,
become liquidated damages to Paul Marinoni. Jr. and Suellen Mary Marinoni.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject to
recorded instruments and easements, it any, which do not materially affect the value of the property. Such
conveyance shall include mineral rights owned by Paul Marinoni. Jr. and Suellen Mary Marinoni.
5. Paul Marinoni. Jr. and Suellen Mary Marinoni shall fumish a policy of title insurance in the amount of the
purchase price from a title insurance company as selected by the City of Fayetteville. The City of
Fayetteville and Paul Marinoni. Jr. and Suellen Mary Marinoni shall share equally in the cost of the title
insurance.
6. Paul Marinoni. Jr. and Suellen Mary Marinoni agree(s) to allow the City of Fayetteville, if the City of
Fayetteville so desires, at City of Fayetteville's expense, to survey the property. Paul Marinoni. Jr. and
Suellen Mary Marinoni agree(s) to cure any title problems which may result from any differences between
the recorded legal descriptions of the property and the survey description. Said tide problems, N any, must
be solved prior to closing to the satisfaction of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by Paul Marinoni. Jr. and Suellen
Mary Marinoni. Insurance, general taxes, ad valorem taxes, special assessments and rental payments
shall be prorated as of dosing.
8. The closing date shall be within the U days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day. In the even that this
item is tabled by the City Council, then both parties agree that there shall be a limit of 4 calendar months
to complete the approval process. After that date, if it appears that dosing will not happen within the
allotted 4 months, Paul Marinoni. Jr. and Suellen Mary Marinoni and representatives of the City of
Fayetteville will meet to decide if this purchase will move forward. A new contract will not be required, at
the time, but a letter from Paul Marinoni. Jr. and Suellen Mary Marinoni will be required expressing their
desire to sell the subject property and associated easements to the City of Fayetteville, based on this Offer
and Acceptance Contract, accepted and agreed to by all parties.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Paul Marinoni. Jr. and Suellen Mary Marinoni hereby grant(s) permission for the City of Fayetteville or its
employees or designates to enter the above described property and improvements for the purpose of
inspection and/or surveying.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
if. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss
or
damage to
the
property by
fire
or other
casualty occurring
up to the time of closing is
assumed by
Paul
Marinoni.
Jr.
and Suellen
Mary
Marinoni.
13. This agreement shall be governed by the laws of the State of Arkansas.
14. This agreement, when executed by both the City of Fayetteville and Paul Marinoni. Jr. and Suellen Mary
adno i 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.
15. This contract expires, if not accepted by Paul Marinoni. Jr. and Suellen Mary Marinoni on or before the
20 _ day of June , 2003.
16. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contractto the City Council
for their approval within follyt U days of acceptance by Paul Marinoni. Jr. and Suellen Mary Marinoni .
17. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Paul Marinoni. Jr. and Suellen Mary
Marinoni 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 CITY OF FAYETTEVILLE OF
THE $ 800.00 EARNEST MONEY DEPOSIT.
S R:
Paul Marinoni Jr.
AGENT OR WITNESS:
City of Fayetteville, Arkansas,
A municioel corooration
Date: — ro — (�
Date: /j.3
Date:
rErr
f �,� ate:
• Mate:
zlvf *4
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT"A"
PROPERTY DESCRIPTION
Tract'A,
0
A part of the Northeast Quarter (NE'/4) of the Southeast Quarter (SEI.) of Section 11, Township 16 North, Range
31 West, Washington County, Arkansas, being a part of tract described in Book 658, at page 317 of the records of
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more particularly described
as follows, to -wit Beginning at a 1minch pipe found for the Southeast (SE) comer of the NEI4 of the SE'/4 of said
Section 11, Township 16 North, Range 31 West thence North 87'31'55" West 70.00feetwilhlhesouth boundary
line of said NE'/4 of the SE A to a 5/8 inch set iron pin; thence North 02 23'15" East 1251.63 feet parallel with the
east fine of said NEI4 of the SEI/4 to a 5/8 inch set iron pin; thence along a curve to the left having an arc length of
47.08 feet a radius of 30 feet, and a delta angle of 89055'03" to a 5/8 inch set iron pin on the south right of way line
of Wedington Drive, thence South 87031'48" East 99.96 feet with said right of way to an Iron Bar found on the
above mentioned east line of the NEI4 of the SEI4; thence South 02°23'15" West 1281.59 feet to the POINT OF
BEGINNING. The above described property, having been surveyed by Bart L. Petray, contains 2.07 acres, more or
less.
Tract *81
PERMANENT EASEMENT DESCRIPTION:
A part of the NEY4 of the SE'% of Section 11, Township 16 North, Range 31 West Washington County,
Arkansas, and being more particularly described as follows, to -wit Beginning at a point which is North
87'31'55' West 70 feet from the SE comer of the NE%4 of the SE% of Section 11, Township 16 North, Range
31 West said point being a 5/8 inch set iron pin on the West fine of the right of way of the proposed extension
of Broyles Road; thence along the West right of way fine of the proposed Broyles Road North 02023'15' East
1251.63 feet to a curve to the left having a radius of 30 and a chord bearing and distance of North 28005'48'
West 29.57 feet; thence parallel to the East line of the forty acre tract, South 02'23'15' West 1277.09 feet to
the south fine of the above described forty acre tract thence South 87'31'55' East 15.00 feet to the point of
beginning, containing 19,044 square feet or 0.44 acre, more or less,
Tract *C'
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION.
A part of the NE'/4 of the SE'/4 of Section 11, Township 16 North, Range 31 West more partic dart' described
asfollor", to -wit Beginning ata point which is North 87'31'55' West 85 feet from the SE comer of the NE'%
of the SE'/4 of Section 11, Township 16 North, Range 31 West thence running parallel to the proposed West
right of way line of Broyles Road along the West line of a permanent 15 -foot Water/Sewer Easement North
02°23'15' East 1277.09 feet to curve to the left having a radius of 30 feet and a chord bearing and distance
of North 70'50'22' West 15.67 feet thence North 87°31'55' West 15.00 feet along the south right of way of
Wedington Drive, thence South 02023'15' West 1281.59 feet to the south fine of the above described forty
acre tract thence South 87031'55' East 30.00 feet to the point of beginning, containing 38,427 square feet
or 0.88 acre, more or less,
SIGNED FOR IDENTIFICATION:
C
om! Date: l /
0 - o - 03
Paul Marmoni, Jr. 6 — ;z O ^ O 3
Date:
Date: 4?//V&,?)
�4\
OFFER AND ACCEPTANCE COTRACT •
Page 3A of 4
EXHIBIT "B"
ADDENDUM TO OFFER & ACCEPTANCE CONTRACT
City of Fayetteville, Arkansas — Paul Marinoni, Jr. & Suellen Mary Marinoni
The City of Fayetteville agrees to the following:
• The five -strand barb -wire fence line acting as the property line running
between your property and Mr. Sherwood's on the East side, will remain
undisturbed.
• The City or its contractor and/or assigns will place a temporary fence of 5 -
strand barbed wire and steel T -posts, at the West line of the temporary
construction easement acquisition area. This fence will be sturdy enough to
hold cattle for an extended period of time.
• At the end of construction of the street right-of-way and the proposed future
sewer line, the City or its assigns will be responsible for placing a permanent
fence on the West line of the 70 -foot right of way of Broyles Road.
These requirements will be given to the contractor when the construction contract for this
project is awarded and will be made a part of the contract.
•
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
STATE OF ARKANSAS
%%��
COUNTY OF '"`4TW-
ACKNOWLEDGMENT
SS.
C�
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 Paul Marinoni, Jr. and Suellen Mary Marinoni,
husband and wife, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this ILIA day of , 2003.
MYYC/COMMISSION EXPIRES:
"(_- 3D0y
STATE OF ARKANSAS
COUNTY OF Ben-; t pk<
ACKNOWLEDGMENT
ss.
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 Dan Coody and Sondra Smith, to me well
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in
their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument
for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this -161 'AL day of Ju -A-=' , 2003.
MY COMMISSION EXPIRES:
HOLLY F. JONES
NOTARY PUBLIC, STATE OF ARKANSAS
My COMMISSION EXPIRES 0&01-2008
BENTON COUNTY
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CITY ENGINEERING DIVISION `
.TIM1(. IIMY. Ib�D AOPtl� -..
SUMMARY OF SALIENT FEATURES
Sugect Address
4995 Wedington Dr.(&oyles Rd
Legs Desctip6m
NE SE 40 acres (PN#765-16189-000)
Cry
Fayetteville
County
Washington
Sm
AR
Zip COde
72704
Cams Tract
0105.06
Map Rdaence
5-04
Sae Pnn
$ WA
Oats d SO
N/A
Barmw7 Cim
City of Fayettevipe (Land Dept)
Ladu
WA
SIR (Squn Ft)
Prtzpa Sedate Pod
$
Lamm
Good
AOe
Candnm
I l Rooms
Bedvans
Bcts
Appraw
Don Cramer
On of Appraised yaue
May 28th. 2003
Fins Eswnate at ya4a
$ 40.000
Fpm SSO — TOTAL for Whdmcr appraeal sa:ywate by a a Mae. nc — t.8W.kAMOOE
::r l:•
APPRAISAL AND REPORT IDENTIFICATION
N. appraisal conforms to me of U e following delinulons:
❑ complete Appnleal (The act or process of eswnatmg value. or an apktion of value. pertonned witnoul invoking the Depamuio Rule.)
Unfilled Appraisal (The act or process of estcrutmg value. wan opudon of value. pedomled under and resulting Iran nvoking the
Departure Rule.)
This report Is one of the following types:
❑ Sad Contained (A wrmm report prepared under Standards Rae 2.2(a) 0f a Complete or Limited Appraisal performed under STANDARD 1.)
C Summary (A wrgteo repot prepared under Standards Rae 2•2(b) of a Complete or Limited Appraisal pertonmed under STANDARD I.)
❑ Restricted (A wmfei report prepared under Standards Rule 2•2(c) of a Complete or Lmeed Appraisal perlomtM under STANDARD 1.
restricted to the stated imeMod use by the spected client of intended user)
Comments on Standards Rule 2-3
I cawy Wit to To bar 01 my unntedge ad bead:
o The statemdss d fact tatted n Nis retort al bW ad correct.
o The reported auryses. *orderand cancaniom at Imaed may by It reported assumptions and flog conditions. and are my pas". urpaoa, and uroesed
Tastes W rW/ses. cp tis and catcnsbms
Dl Mn n (a fie ,rt 4) present a acspect n rani n the Popaty dW is the st9lect 0110 repot ad no (or the spaded) persona ranesl win respect a the
panics ewalved
D 1 never n bias inch respell p ere property OW t tie SuUlect d d0 opal a Ire Wrest MdrN arm do assgo ent
rl MY agagww ih Old ass9r t1 wall rd cabgad Won developfg a r atne predcmmnad resat.
❑ My Compensation or canpatrp e0 anlPMent is no cahh'gee upon tie d dcpmat M reporting at a pedaamined rake a arecton in vane dta favors the cage
ddipcaMlNinrtederevela0pYm,orego-y tofasllpNated rna, a the acunapeofasubsMuenlnail dimityrelatedtoderIeMNuse nNtappraisal
U My ULaIY$ s. 00" ad carLibm wall devaaped ad this legal Ion ban prepared. m coraam'y with t e Udam Standards 04 Haoulona Apprua practice
❑ 1 he" (a MM M) nude a pus" MWAM of The %DPOM oW a ere $uW a Ms region.
U N0 ore podded slprrOcat real property apaaca esmSlMa to pit pens, spring dot cndc400n (a teen ecetadns. Ole name at each ndsda growing sgdcanl
real property ,,.Ai auttaco mum be shad.)
Comments on Appraisal and Report Identification
Note any departures from Standards Rules 1-3 and 1-4. plus any USPAP-related issues requiring disclosure:
Joshua A. SmM SR 2277 assailed 0 all awect, of mis appraisal, naudinq analysis, compilation and gathering market data.
APPRAISER:
S1gnaWre:
Nan. Don Cr
Site CelHka w Jr.
aSiteLiamea: CC 2171 _
Stab: AR
Etpamm Date al Conic a License.
CC2171
SUPERVISORY APPRAISER (opts a required):
Splmrs
Nine:
Dace signed —
Size Cerrrat on t
a Sure Lkaee a.
State:
E!prabon Oat 01 Cadicason or License
ED IJ Dior Nd Impct Propaly
APPRAISALS, nC (501) 442-S&34
Faro LIS — 'TOTAL fa NLdowsapprisal nitwit by a t mode. rc. — I -803-ALAMOOE
it 0.900130 Pace a1
LAND APPRAISAL REPORT
Fire No goo
Bonin Clty of Fayetteville (Lana Deo11 _ Cenws Tract 010506 Man aw_._r._r.-. c._v
Plopesty Aches 4995 Wedington Dr[Broyles Rd
City Fayetteville County WasNrwton State AR Ill 72704
Lepi Desacr NE SE 40 sue, (PNa765-16189-000)
Sri Pt[ S WA Dal a Sam N/A Loa, Term NIA yin. Propaty Rfpb Appysaa 0 Fee ❑ LtkeaW ❑ De MII.ns Pl0
Mora Rees Eteme Tort S 1 658.18 (yr) Loan crapes to be plid by sea $ N/A Odes saes mnpssiam None Noted
Lt/C1 N/A Address WA
occw a Vacant Apprises Don Cramer bsbVcoarm b Aggress Estimate the Market Value of the aablea 207+/-
acres of vaunt land -
LOCaDm urban &&vban 'Rail Good Avg. Far Poa
elrt Ile []0u75% [] 25%b 75% Q Lkl* 25% Ewplapr Still" ❑ 0 [ j El
Gmnel Rat[ L Flty On. [] R4id 0 Sktly _] Slew Caneleoce to Empomul ❑ N 17 ❑
Propestyvales M ba[enp [] Staie ❑ Daamblp Cmmeslce W stoppv,0 LOLL]
Dona d'Supply ❑ sbonape Ll b Bade 'L Omsuppiy Cmtaema W Sctmab ❑ 0 L Li
kaftan Tum Itdes 3 Mos. ❑ 4-6 Mos Li Dyes 6 Mof. Meaaxy a Pubic TranspaU 3, C. N ❑ Li
_ Presml Lard Use 5%l Forty_%2JFvWy _%Apm. _%Caleo_%CarNa l Recreatdna Faci5lies G Li L
_%aamtrw_95%vacat % Mepaacy d Ward fl [IL
haf _ Ce b Peal Lana Uu ❑ Na fiery f _I Lim ('1 ® ToS- Place (') Property Can i&ay .❑ N ❑ ❑
(41 Fran Farm Land To Res /Commercial Poston Iran DS"T" CaCams L1 ® I 1 .'l
PeOatlawl Occupmcy ® Owns L Taut %Vacant Potts nil Fire Paeceon El .x in E!
Sbpe Family Pic[ Rafe $ 40.000 to S 1�DD0 _ Pedamur[ vLx S 100000 Gdwi Appel arcs of Pwpema Li Z ❑ [
SAlpe Firmly Aps 10 yin. W 50 yn. Predominant Age 25 yin. Appeal W Maht L Z J [-
Cannmb tcbt� Ill sacral. Iawnbl w adlvwabb, aTsdl marrttatMy (e 9 plek puts. scarom. tile. ran): This awraaal is being prepared for
purposes 1 evaluating the sutjea oroperty The subjed has ll 109unemenls nef.Yasa try 0 deyelpoThe ne�nbfltppd etlaraaenaea
ere leaning more Igvaam upscale 2edennal and Conmerr al in6uentea, due IerOely in panto the activity on and near Wedmgton Dr.
grwmbns 1281.59 % 70 a 2.07 Sq Ft a Aae Corr Ld
_I
lc. -mg clauicapm Not Zoned PsW ln9mRJnuMs xi do ❑ do cam .
Wsm to tonne regulations
Hnhest Aridbad usl Resort us1 Olrw (spRdyl
-
-- —
public Ott (Desctet) OFF SITE MOVEMENTS .Togo Level_
—
Elec. TXl Sees Mess QQ Public ❑ Prml San 2.07 eats —
Ga I SWaa MpliaNGrava� $crapes Regan r
.- —'
Watt N MAst♦wce Q�. Pubk [1 PnrIIa View
.A
San. Somme Z ❑ Sr Sass 5 Cntim r Uvupe Average
1I lildaya,ac Elat6Ttl SWewa Seal _ lalMprapst,L -wile aHUDlaemmedSceA RoodNuartiA ? ?jlb,_JTa
Coate p[aaal, s Wdatvib hraAc ag aplrn adlau 131s ta. a,auranvb. a craw case ce,dawn). —TO feel of the northern (gyp o1 the su ecl
property fronts Wedinmon Dr.
Tns r4c;-0 hu recd lea mall sin d Pspaat mesa mNa ad Ialatmae b aeFvn ed ha, cut id lees b b mates al 7c atawm a am
ceWa
0
b wri reaaba t nab b fMa porn d a as e, m alai i d ad cni vgY laL lamitc tl a **an Am b pe tameable s it aaa s
role fr.w a taut (-) b mesa pm ter Vasa at agrcg I a aadraa tan b b cwmraee b pauses le a Mll
b aped Van a*
I o Theb t c
favorable Dun va wgea p,operry, a pus (♦ ) aaPSOtleslt is ma des AtcRallp the rated valse d ire s,njed.
(+ a S
ITEM
TPA qty
.A __ 1
_ COM?AaA&LNO.
MPAAA8LE NO ]—
Address 4995 Wedinpton Dr /&oyles Rd
1309 Wedington Dr
Dot rroton Rd.
20 Double Springs Rd.
Fa teWle
Fe ne,lIe
Fayetteville
Farmington
SalesPilce
Pies Pa sq. A.
N/A
N/A
90000
65
Z7 000
79.9p
Q4tlSourc4
Ina ,on ashRec
MLS#392064
31
MLS0382417
36
MLS9377174
Dal d Sit Aril
RPT
E$CA�PII N ♦tilt lsl
SCRPT f4 ♦(_)S ADWst
OESCAPTION
Fla AyusWw[
NIA
0321/2003
04104/2002
02/152002
LQc41
Good
Good
Good
Good
Sd 2.07/Good 3.20/!000 -30,000 1 71/Gpod �.1500�0 5 00/Gaad 40000
...
0000/LeMI Good/Level GoodA.evel Good/Level
Good Good Average 0 Good
Acassry Good Very Good - -25(00 Average 0 Average . Q
Les Average Average Average__-_____________ Average
Saks a Brame Norse Noted None Noted None Noted None Noted
Corcmw$
Nd - 55 000 ♦ ' _ �ppp ♦ _ 40.000
d waed VaWe
d Sublets 35 000 38 000 39.900
CdNlltl[a al MAfa Data See attached addenda. A diligent etas Was made in Ili search for Con, arable llll that are the most similar most
sl n to me su ed property The Market Data was researched la Ihepaal three
retent anover
he
the p o yea'ih years and Camperppbs used
emend over the past two and are representative of the pNl sales aVailapb.
Cawiwgs n,d Caobrnf d Apprafa The subject has aCMsf to all nessarvsoninQ faWdiea induct schools, reCfeation,_and e�R bymenl
The Su ea fly has no emshno improvements.
Fns Rwcalatal: M weight rs given the Sakes Campanson Approach. as it reflects buyer and seller actions m the market place, and m the
opinion of the appraiser, m the best indi ator of value.
I IIUMA1tfl! NM[aT VLLW_ as e[ a, OS CT Mpe[aal AID! _ _
•l/{IY//y//vL/,a` Maw 28 p3 to be S !0000
Do Cramer ___ ❑ Dd ❑ Cd Na Paysicapy Inspca Property
JIM 6 Review A aWsabk
rrnr
APPRAISALS. INC (501) 442.5801
Farm LZID —'TOTAL to VAn mrs' appraises spnwae by a la mole, [d. — 1-BCUAIAMCOE
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CITY ENGINEERING DIVISION
Y4 ra.�--�.r.•r�,•-.l. •owawr * o
113 W. HOUMNN QR[R 1 •worms ROAD �W -. ,•, ,
rA,tui 4ILLi. AMCAn* S
— n._Iq.--
I
File Na 9001301 Pane M4
•
SUMMARY OF SALIENT FEATURES
Subject Address 4995 Wedington Dr./Broyles Rd
Legal Description NE SE 40 acres (PN#765-16189-000)
_ City Fayetteville
• County Washington
State AR
Zip Code 72704
Census Tract 010506
Map Reference S-34
• Sale Price $ N/A
Dale of Sale N/A
Borrower/Client City of Fayetteville (Land Dept.)
Lender N/A
Size (Square Feet)
Price per Square Foot $
Location Good
Age
Condition • Total Rooms
Bedrooms
Baths
• Appraiser Don Cramer
Date of Appraised Value May 28th. 2003
• Final Estimate of Value $ 40.000
Form SSD — 'TOTAL for Windowr appraisal software by a la mode, inc. — 1-800-ALAMODE
APPRAISAL AND REPORT IDENTIFICATION
This appraisal conforms to pile of the following definitions:
❑ Complete Appraisal (The actor process of estimating value, or an opinion or value, performed without invoking the Departure Rule.)
Limited Appraisal (The act or process of estimating value, or an opinion of value, performed under and resulting from invoking the
Departure Rule.)
This report is one of the following types:
Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1.)
;I Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.)
I 1 Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1,
restricted to the staled intended use by the specified client or intended user.)
Comments on Standards Rule 2-3
I certify that, to the best of my knowledge and belief:
o The statements of fact contained in this report are true and correct.
❑ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions and conclusions.
❑ I have no (or the specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the
parties involved.
n I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment.
CJ My engagement in this assignment was not contingent upon developing or reporting predetermined results.
❑ My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause
of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
n My analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.
n I have (or have riot) made a personal inspection of the property that is the subject of this report.
❑ No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant
real property appraisal assistance must be stated.)
Comments on Appraisal and Report Identification
Note any departures from Standards Rules 1-3 and 1-4, plus any USPAP-related issues requiring disclosure:
Joshua A. Smith, SR 2277 assisted in all aspects of this appraiseal, including analysis, compilation and oatherina market data.
APPRAISER:
Signature.
Name: Don Crar
Date Signed: May
State Certiication A:
or State License #: CG 2171
State: AR
Expiration Date of Certification or license:
C
1 Q
CG2171
r
SUPERVISORY APPRAISER (only It required):
Signature:
Name:
Date Signed:
State Certification #
or State License #:
State:
Expiration Date of Certification or License:
❑ Did ❑ Did Not Inspect Property
APPRAISALS, INC. (501) 442-5804
Form 105— 'TOTAL for Windows' appraisal software by a la mode. inc. — 1-800-ALAMODE
• • . • •AND APPRAISAL REPORT •
File No. 9001301 Pape #11
cu., u., nnnfan
..V I•V.-/ •VV
Bonower City of Fayetteville (Land Dept.) Census Tract 0105.06 Map Reference S-34
Property Address 4995 Wedington Dr /Broyles Rd
City Fayetteville County Washington State AR Zip Code 72704
•
Legal Description NE SE 40 acres (PN#765-16189-000)
Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Fee ❑ Leasehold ❑ De Minimis PUD
Actual Real Estate Taxes $ 1,858.18 (yr) Loan charges to be paid by seller $ N/A Other sales concessions None Noted
_
Lender/Ghent N/A Address N/A
Occupant Vacant Appraiser Don Cramer Instructions to Appraiser Estimate the Market Value of the subiect 2 07+/ -
acres of vacant land.
Location Urban Suburban Rural Good Avg. Fair Poor
Built Up [ f Over _ 75% ; 25% to 75%i Under 25% Employment Stability ❑ 2 L1
Growth Rate ❑ Fully Dev. n Rapid N Steady ❑ Slow Convenience to Employment ❑ N ❑
Property Values N Increasing C' Stable ❑ Declining Convenience to Shopping ❑ :SC,' ❑
DemanWSupply ❑ Shortage X in Balance ❑ Oversupply Convenience to Schools n IX ❑ ❑
Marketing Time X Under 3 Mos. ❑ 4-6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ IXi ❑ ❑
Present Land Use 5% 1 Family _% 2-4 Family _% Apts. Condo Commercial Reueavional Facilities ❑ 0 ❑ ❑
_% _%
%Industrial 95% Vacant _% Adequacy atllilNes i 0 ❑ ❑
Change in Present Land Use fl Not Likely ❑ Likely (•) Taking Place (•) Property Compatibility ❑ X ❑ ❑
(•) From Farm Land To Res./Commercial Protection from Detrimental Conditions ❑ X ❑ ❑
Predominant Occupancy F ; Owner ❑ Tenant % Vacant Police and Fire Protection Li Xi [Ti i
Single Family Price Range $ 40,000 to $ 150,000 Predominant Value $ 100,000 General Appearance of Properties
Single Family Age 10 yrs. to 50 yrs. Predominant Age _ 25 yrs. Appeal to Market ❑ >I (1 E
Comments including those factors, favorable or unfavorable, affecting marketability (eg. public parks, schools, view, noise): This appraisal is being prepared for
purposes of evaluating the subject property . The subject area has all requirements necessary to develop. The neighborhood characteristics
are leaning more toward upscale residential and commercial influences due largely in part to the activity on and near Wedington Dr
Dimensions 1281.59' X 70' _ .2.07 Sq. Ft. or Acres Comer Lot
Zoning classification Not Zoned Present Improvements X do ❑ do not conform to zoning regulations
Highest and best use XI Present use Other (sperm)
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level
Elec. X,I Street Access IX I Public ❑ Private Size 2.07 acres
Gas FXi _ Surface Asphalt/Grave: Shape Rectangular
Water IXI Maintenance Ell Public ❑ Private View Average
San. Sewer 1-1 Storm Sewer ❑ Curb/Gutter Drainage Average
® Underground Elect. & TN. Sidewalk ❑ Street Lights Is the property located In a HUD Identified Special Flood Hazard Area? X No' Ye,
Comments (favorable a unfavorable includng any apparent adverse easements, encroachments, a other adverse canthbons): 70 feet of the northern tip of the subject
property fronts Wedington Dr.
The undersigned has reared three recent sales of properties most similar and proximate to subject and has considered these In the market analysis. The description includes a dollar
adjustment reflecting market reaction to those items of significant variation between the subject and comparable propertes. If a sgnficant hem in the comparable paperly is superior
to a more favorable than the subject property. a minus (-) adjustment is made thus reducing the indicated value of subject; 0 a significant item In the comparable is Interior to a less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
ITEM
SUBJECT PROPERTY
COMPARABLE NO.I
COMPARABLE NO.2
COMPARABLENO.3
Address 4995 Wedington Dr./Broyles Rd
1309 Wedington Dr.
Dot Tipton Rd.
20 Double Springs Rd.
Fayetteville
Fayetteville
Fayetteville
Farmin tg on
ProdmiN to Subject
_
Sales Price ; N/A
; 90,000
23,000
79 900
Price Pus fi. N/A
65
31
; .36
Qata Source Ins ectionNVashRec
MLS#392064
MLS#382417
MLS#377174
Date of Sale and
DESCRIPTION
DESCRIPTION + - Adjust
DESCRIPTION + - Ad'pist
DESCRIPTION I +(- )S Adjust.
N/A
03/21/2003
04/04/2002
Time Adjustment
02/15/2002
Location
Good
Good
Good
Good
•.
SiteNiew
2.07/Good
3.20/Good -30 000
1.71/Good : +15 000
5.00/Good i -40000
oporaphy
Good/Level
Good/Level
Good/Level
Good/Level
Visibility
Good
Good
Average 0
Good
Accessibility Good Very Good : -25 000 Average _ 0 Average 0
Utilities Average _ _Average Average Average_________________
Sales or Financing None Noted None Noted None Noted None Noted
Concessions
Net Adi. (Total) + I- 55 000 + - 15000 F 1 + - 40 000
Indicated Value
of Subject 35 000 38 000 a 39900
Comments on Market Data: See atttached addenda. A diligent effort was made in the search for comparable sales that are the most similar most
recent , and closest in proximity to the subject property. The Market Data was researched for the past three years and the Comparables used
extend over the past two years and are representative of the best sales available.
Comments and Conditions of Appraisal The subject has access to all necessary supporting facilities including schools recreatJ and emp oyment.
The Subject property has no existing improvements
Final Reconciliabon: All weight is given the Sales Comparison Approach as it reflects buyer and seller actions in the market lace and in the
-
opinion of the appraiser, is the best indicator of value.
•
I ESTIMATE MARSET VALUE, AS Off ED, OF SUBJECT PROPERTY AS OF May 28 03 to be S 4000
Do Cramer ❑ Did ❑ Did Not Physically Inspect Property
A raisers Review raiser it licable
A,
A..,
I'^1 APPRAISALS, INC. (501) 442.5804
Form LND —'TOTAL for Windows' appraisal software by a la mode, inc. —1-800-ALAMODE
City of Fayetteville, Arkansas •
Budget Adjustment Form
Budget Year Department: Water & Wastewater
Division: Water & Wastewater Director
2003
Program:
Project or Item Requested:
$78,400 is needed in the Broyles Road Extension capital
project.
Justification of this Increase:
The $43,400 of the funding is needed to purchase 2.07
acres of land near the location of the new Waste Water
Treatment Plant which will be constructed in the future.
The land will be used to extend Broyles Road north to
Wedington Drive to be used as an access road to the
new WWTP Plant. The remaining $35,000 is to cover
associated in-house engineering expense and other
expenses related to this project.
Date Requested I Adjustment Number
8/5/2003
Project or Item Deleted:
$78,400 from the Wastewater System Improvements -
Engineering capital project.
Justification of this Decrease:
There is sufficient funding remaining in this project to meet
objective8.
Increase Budget (Decrease Revenue)
Account Name Account Number
Land acquisition 5400 5700 5805 00
Decrease Budget (Increase Revenue)
Account Name Account Number
Amount Project Number
78,400 03026 1
Amount
Project Number
Professional services 5400 5700 5314 00 78,400 98047 1
Approval Signatures
s
'7/3/123ate
Date
Type: A
Date of Approval
Budget Office Use Only
B C E
Initial Date
7 6e 43 Posted to General Ledger
Date Initial Date
7- it- y3 Posted to Project Accounting
ate Initial Date
Entered in Category Log
a Initial Date
C
NAME OF FILE: Resolution No. 113-03 w/Agreement
CROSS REFERENCE:
Item # Date Document
1
07/08/03
Staff Review Form w/attachments
draft resolution
memo to City Council
copy of Res. No. 22-03
2
08/11/03
memo to Ron Petrie
NOTES:
sTA REVIEW FORM - FINANCIAL OBLIGATION
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
�„�,ST ( 2003
For the Fayetteville City Council Meeting of: July_15r2003
YROtd:
Ron Petrie/Holly Jones CanmDndy P2nnmg & Englnex" SeMoee Engineering
Name Division Department
ACTION REQUIRED: A Resolution allowing the Mayor to Purchase 70 feet of Right of way for
the Extension of Broyles Road north of Persimmon Street across property owned by Paul
Marinoni Jr. and Suellen Mary Marinoni, in the amount of $40,000.00, AND to obtain a 15 -
foot permanent easement, in the amount of $1700.00 and a 30 -foot temporary construction
easement, in the amount of $1700.00 for the future construction of sewer lines in
connection with the new Wastewater Treatment Plant Project. /appro.,.,/ of A lj.algf7
in 7bn I c 7RA/JO,
:i•n %&Z94r4
$43,400.00 $ - Irv`i! / 2 J f
f o4 �c
Cost of this request Category/Project Budget Program Category / Project Name
54o0 —S700— 5805—oD $ - Wu/er d- S&„cr n�Jro✓t.CIT
Account Number Funds Used to Date Program / Project Category Name
03026, 1 $ - L,'aler r{- gecr
Project Number Remaining Balance Fund Name
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Man er Date
CONTRACT/GRANT/LEABE REVIEW:
tfla ,4jidc5MLI9. -7/3/03
Accounting Manager Date Int rnal Au for Date
City At rney ate Purchasing Manager Date
8TA8t RECQIr ION:
c—Diivviission Head
Department Dire,Dtor
Finance & Internal Services Dir.
2(v Received in Mayor's Office
Date Date
Cross Reference:
Date
Previous Ord/Resq:
7-q.3
Date Orig. Contract Date:
Orig. Contract Number:
Date
New Item: Yes No
7/a �
Date
i o3
RESOLUTION NO.
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
PAUL MARINONI, JR. AND SUELLEN MARY MARINONI IN
AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND
FOUR HUNDRED DOLLARS ($43,400.00) FOR THE PURCHASE
OF APPROXIMATELY SEVENTY (70) FEET OF RIGHT-OF-WAY
FOR THE EXTENSION OF BROYLES ROAD AND TO OBTAIN
PERMANENT AND TEMPORARY EASEMENTS FOR THE
CONSTRUCTION OF SEWER LINES TO THE NEW
WASTEWATER TREATMENT PLANT; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-EIGHT
THOUSAND FOUR HUNDRED DOLLARS ($78,400.00) FOR
SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Offer and Acceptance contract between the City of
Fayetteville and Paul Marinoni, Jr. and Suellen Mary Marinoni in an amount not
to exceed Forty -Three Thousand Four Hundred Dollars ($43,400.00) for the
purchase of approximately seventy (70) feet of right-of-way for the extension of
Broyles Road and to obtain permanent and temporary easements for the
construction of sewer lines to the new Wastewater Treatment Plant. A cool;
the contract is attached hereto marked Exhibit "Aand made aaayItbf.
Section 2. That the City Council of the City -.of ayetteville, Arkansas
hereby approves a budget adjustment in the amount of Se enty-fight Thousand
Four Hundred Dollars ($78,400.00) for same . \
PASSED AND APPR'
ATTEST:
By:
SMITH, City Clerk
day of�August, 2003.
,AaPP�OVED:
By:
DAN COODY, Mayor
FAYETTEVTL.LE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
TO: Fayetteville City Cou cil
THRU: Dan Coody, Mayor 4 ((''//11
Hugh Earnest, ChIel AdmTu�ls r
Greg Boettcher, Water & Wastev t�
Tim Conklin, Director of Comivu
Gary Coover, City Engineer
Ron Petrie, Staff Engineer
FROM: Holly Jones, Land Agent .
I
& Engineering Services1TC
SUBJECT: Broyles Road Extension Right of Way & Easement Acquisition
DATE: July 3, 2003
Background:
The City of Fayetteville is planning the extension of Broyles Road north to Wedington Drive, pursuant to
Resolution No. 22-03 (copy attached). The City surveyed 2.07 acres, owned by Paul Marinoni Jr. and Suellen Mary
Marinoni, needed for right of way for this project (copy of survey attached). The City also obtained an appraisal on this
2.07 acre tract. Said appraisal valued the right of way area at $40,000 (copy of appraisal attached).
The City presented an Offer and Acceptance Contract to Mr. and Mrs. Marinoni based on the aforementioned
appraisal and a copy is attached. Included in the offer, the City has requested a 15 -foot Water/Sewer Easement be
granted for the future sewer line construction, and in conjunction with the sewer line construction, a 30 -foot temporary
construction and grading easement has also been requested. We are paying Mr. and Mrs. Marinoni $1,700.00 each
for both easements mentioned for a total sales price of $43,400.
The City will be providing a temporary barb -wire fence to be used during all phases of construction of the
Broyles Road extension as well as the sewer improvements. At the end of construction of the future sewer
improvements, a permanent fence will be placed on the West line of the 70 -right of way of Broyles Road. It should be
noted that this agreement will be made a part of both the road construction contract and the sewer improvement
contract at the time they are bid.
Current Status:
Mr. and Mrs. Marinoni have accepted our offer of $43,400.00 for 2.07 acres of right of way for the extension of
Broyles Road, for a 15 -foot permanent water and sewer easement, and for a 30 -foot temporary construction and
grading easement. (Copy of signed Offer and Acceptance attached.)
Budget Adjustment:
A Budget Adjustment is requested in the amount of $78,400. $43,400 will be used for the purchase of the 2.07
acres and the two easements. The additional $35,000 is to cover the in-house engineering costs related to the
acquisition of the land and any future in-house engineering work that will be done for the actual extension
improvements. The $78,400 will be coming from the Wastewater Treatment Plant - Engineering capital project which
is funded in the Water & Sewer Fund.
Recommendation:
Engineering staff respectfully requests that this purchase be approved, so that a closing may be set and
preparations made for contracting the project.
Thank you
RESOLUTION NO. 22-03
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT
TO EXTEND BROYLES ROAD NORTH TO WEDINGTON DRIVE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby expresses its intent to extend Broyles Road north to Wedington Drive to
provide right-of-way for 48 -inch sewer force mains and access to the site of the
new wastewater plant.
PASSED and APPROVED this the 4th day of February, 2003.
APPROVED:
By:
ATTEST:
By:
Sondra Smith, City Clerk
FAYETTEI LLE
THE CITY OF FAYETTEVIEEE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Ron Petrie/Holly Jones
Engineering
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: August 11, 2003
Re: Res.113-03
Attached please find an executed copy of the above referenced resolution passed by City
Council, August 5, 2003 regarding an Offer and Acceptance Contract with Paul Marinoni, Jr. and
Suellen Mary Marinoni. The original resolution and contract will be recorded in the city clerk's
office and microfilmed.
Also attached is a copy of the budget adjustment.
If anything else is needed please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
Barbara Fell, Budget & Research