The URL can be used to link to this page

Home My WebLink About134-03 RESOLUTION• • RESOLUTION NO. 134-03 A RESOLUTION AUTHORIZING THE CITY A"ITORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY RUTH C. THORNTON TO SECURE THE NECESSARY EASEMENTS AND RIGHTS-OF-WAY FOR GREGG AVENUE IMPROVEMENTS. WHEREAS, the City of Fayetteville desires to commence a street improvement project on a portion of Gregg Avenue; and WHEREAS, certain portions of land are needed for easements and rights - of way to commence said project; and, WHEREAS, the owners of these lands have declined to accept the fair market value for these lands, as determined by a professional appraisal; and, WHEREAS, the City wishes to avoid further delays in the construction schedule for this project. 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 authorizes the City Attorney to file suit forthwith seeking court ordered possession of certain lands owned by Ruth C. Thornton to secure the necessary easements and rights-of-way to commence Gregg Avenue improvements. PASSED and APPROVED this 2N0 day of September, 2003. APPRt1 ED: By ATTEST: SONDRA SMITH, City Clerk DAN COODY, Mayo A, t y .II NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 134-03 Document • 1 08/26/03 Staff Review Form w/attachments draft resolution letter to Ruth Thornton faxed AHTD compensation estimate faxed easement deed 2 09/02/03 memo to Mayor Coody NOTES: IPSTAFF REV W FORM - NON-FINANCIAL OBLIG ION XX AGENDA REQUEST For the Fayetteville City Council Meeting of: September 2, 2003 FROM: Dan Coody Name Office of the Mayor General Govemment Division Department ACTION REQUIRED: Initiate condemnation proceedings on property owned by Ruth Thomton at the request of the Arkansas Highway and Transportation Department in support of Job: 040299. SUMMARY EXPLANATION: The Arkansas Highway & Transportation Department has requested the City to proceed with condemnation to enable this highway improvement project to progress STAPP RECOMMENDATION: Division Head Date 63 City Attor ey Department Director Finance & Internal Services Dir. Dat Date Date Chief trative Of •er Received in Mayor's Office Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yee No • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY RUTH C. THORNTON TO SECURE THE NECESSARY EASEMENTS AND RIGHTS-OF-WAY FOR GREGG AVENUE IMPROVEMENTS. WHEREAS, the City of Fayetteville desires to commence a street improvement project on a portion of Gregg Avenue; and WHEREAS, certain portions of land are needed for easements and rights - of way to commence said project; and, WHEREAS, the owners of these lands have declined to accept the fair market value for these lands, as determined by a professional appraisal; and, WHEREAS, the City wishes to avoid further delays in the construction schedule for this project. 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 authorizes the City Attorney to file suit forthwith seeking court ordered possession of certain lands owned by Ruth C Thornton to secure the_n_e5y easements and rights-of-way to commence Gregg Avenue improve PASSED and APPROVED this 2N0 day of Septemb ATTEST: APPRO OODY, Mayse FAYETTEVIVE THE CITU OF FAVETTEVILLE, ARKANSAS • Ruth C. Thornton 3360 North Gregg Avenue Fayetteville, AR 72703 August 18, 2003 Job: 040299 Hwy. 718 -Mud Creek (Gregg Ave., Fayetteville) Washington County Tract: 2, 2E Dear Property Owner(s): A negotiator for the Arkansas State Highway Commission presented to you an offer to purchase a permanent casement to your property needed for roadway. The following improvements located upon the lands needed are as follows: Landscaping, cost to move sign. In the event you desire to retain any of the Improvements listed for salvage value of 5-0-, you must do so prior to the date of closing. The offer of $5,200.00 is based on the opinion of a qualified real estate appraiser. The offered amount is based on the market value concept and is broken down as follows: 54,375.00 as just compensation for the permanent casement to be acquired $325.00 for a Temporary Construction Easement, 5500.00 for Improvements, (cost to move sign). Should you elect to accept this offer, it will be determine if you can convey a merchantable title, and if so, a proper deed conveying the land to the City of Fayetteville will be prepared and you will be paid the amount contained in the written offer. If you make a final rcjcction of this offer, and if the City of Fayetteville elects to do so, a condemnation suit will be filed and the amount that the City of Fayetteville has determined to be estimated just compensation for your property will be deposited into the registry of the County Court of this County. You may at this tune elect to accept the amount deposited as just compensation for your property. If you elect to do so, the County Court will be asked to enter Judgment in the sum of the estimated just compensation and this amount will be paid to you thereby disposing of the condemnation suit. If you do not elect to accept the amount deposited as estimated just compensation, then you may withdraw the amount placed on deposit as estimated just compensation without prcjudice to your rights to claim additional compensation. In this event, you will be entitled to a hearing in the County Court of the County in which your lands arc situated to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you prior to vacating your property. 113 WEST MOUNTAIN 72701 S01-521-7700 FAX 501-575-6257 Dan Coody Mayor of Fayetteville 08/26/2003 14:57 501-569-2018 2f,/r , !t't.1114f/L. 4 7 `I 57 flf $ riprrke7l Pi' ¢77 c lif)(S AHTD RIGHT OF WAY PAGE 01 kr.: IC("-,Su..&4-S 77 56 0/w trr 2:04-0rp 6w of 569.20/p —AAHANSAs STATE HIGHWAY AND TRANSPORTATION DEPARTMENT COMPENSATION ESTIMATE 7EVISE .. )B: '040299 F A.P.STP-9142(11) .City :COUNTY: Washington -TRACT: '2, )CATION: Hwy. 718 -Mud Creek (Gregg Ave., Fayetteville) SE OWNER: ;Ruth C. Thornton )DRESS: , 3360 North Grrjg,Ave. Fayetteville_ AR_ 'LEPH0NE:' H-479-443-7528 W-479-751-6168 Ce11 479-841-9500 tEA OF THE WHOLE: :EA OF REMAINDER: ICA OF ACQUISITION: 103,80222f 102,71022f 1,0923sf PERMANENT EASEMENTIS): TEMPORARY EASEMENTIS): 405ist [CHEST 6 BEST USE: :Commercial/Residential )CATION OF PROPERTY: : Lays just north of 540 tONTAGE: :Along East side of Gregg Ave. :PTH c----------- Min of 2602ft )POGRAPxY: Rolling !:LITIES:All City utilities___ >MCNTS:. __ __ _:Owner contacted in person._ tTIlATED VALUE OF ACQUISITION: M TITLE: 1,0922ac a $4.00/sf '?1PORARY EASEMENT(S): :RMANENT EASEMENTIS): ILUE OF IMPROVEMENTS ACQUIRED: )ST TO CURE ITEMS: WAGE TO REMAINING PROPERTY: :GMs: 0.012ac a Rental Value SUBTOTAL: $ 4,375.O0(rnd) $ 325.00 $ 4,700.00 4X4 electrical sign e estimated cost $ 500.00 to move /TAI COMPENSATION AS OF August IS, 2003 ISIS FOR LAND VALUE: Sales A L B Mead. e,•a to now sales information CERTIFICATION $ 5,200.00 G.L. Davis, hereby certify that in the preparation of this Estimate I have personally ispected this property) at I have no present or contemplated future interest therein: iat compensation to or this estimate is not contingent upon my value conclusions ,rain set forth* h all statements herein are true to the best of my knowledge and diet. rW •ev%, Am aiser its: e'er a) COPY 1 4, ADMINISTRATIVE /!(PPROVAL Date: /14170-, Job: 040299 Tract: 2,2E MEM 1oJUloq.T, '3 l{jn)j 08/26/2003 14:57 501-569-2018 AHTD RIGHT OF WAY PAGE 02 • • • JOB NO. 040299 TRACT NO. 2 EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: THAT for and in consideration of' Dollars, (S ), 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, its successors and assigns forever an exclusive right of way and easement for highway purposes on , Job No. 040299, across, through and over the following lands situated in the County of Washington, State of Arkansas: LEGAL DESCRIPTION Part of the Southwest Quarter of the Southeast Quarter of Section 27, Township 17 North, Range 30 West, Washington County, more particularly described as follows: Starting at a %r inch rebar being used as the Southeast comer of Lot 1 of Johnson Road Subdivision said point also being on the North line of the Southwest Quarter of the Southeast Quarter of Section 27; thence North 87° 06' 56" West along North line of the Southwest Quarter of the Southeast Quarter of Section 27 a distance of 60.99 feet to a point on the Easterly nght of way line of Gregg Avenue as established by AHTD Job 040299 for the point of beginning; thence South 000 13' 14" East along said right of way line a distance of 60.24 feet to a point; thence South 02 30' 40" East along said right of way line a distance of 100.08 feet to a point; thence South 00° 26' 25" East along said right of way line a distance of 79.05 to a point on the Easterly right of way line of Gregg Avenue as established by AHTD Job 4706 Section 2; thence North 04° 10' 56" West along said right of way line a distance of 114.80 feet to a point; thence North Or 20' 56' West along said right of way line a distance of 99.50 feet to a point; thence North 00° 27' 56" West along said right of way line a distance of 25.60 feet to a point on the North line of the Southwest Quarter of the Southeast Quarter of Section 27; thence South 8T 06' 56" East along said North line a distance of 5.71 feet to the point of beginning and containing 0.03 acres more or less as shown on plans prepared by the AHTD referenced as Job 040299. AA/ras 05/13/03 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. Page 1 of 1 08/26/2003 14:57 501-569-2018 • AHTD RIGHT OF WAY PAGE 03 • • lob 040299 Tract 2 Page 2 of 2 AND hereby covenant with the said City of Fayetteville, Arkansas that will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. AND I, ,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 day of ,20 (SIGNATURE) (SIGNATURE) FAYETTEV4LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Mayor Coody FROM: Sondra Smith City Clerk DATE: 09/04/03 SUBJECT: Ruth C. Thornton Condemnation. Attached is a signed copy of Resolution No. 134-03. The original resolution will be microfilmed and filed with the City Clerk. Thanks! Sondra Smith City Clerk cc• Nancy Smith, Internal Auditor