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Home My WebLink About255-05 RESOLUTION• • RESOLUTION NO. 255-05 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY MSB PROPERTIES, LLC AND NANCHAR, INC. WHEREAS, the City of Fayetteville and MSB Properties, LLC and Nanchar, Inc. have been unable to agree on a fair price for the property owned by MSB Properties, LLC and Nanchar, Inc. that is needed for a permanent utility easement across Parcel No. 765-15773-010; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the sewer lines that will carry wastewater flows to the new Westside Wastewater Treatment Plant 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 to seek court ordered possession of property located on Parcel No. 765-15773-010, and owned by MSB Properties, LLC and Nanchar, Inc., that is needed for a permanent utility easement, and to pay into the Registry of the Circuit Court just compensation therefor. ATTEST. By: PASSED and APPROVED this 20th day of December, 2005. ,„�.1.... 4.ry .GRs iTR�SG�' ;'c,\SYO,c p •Alll ;FAYETTEVILLE: %.17 V'y;^'GTO$ cio` �.uuww Tan. S I N 1 RA SMITH, City Clerk APPROVED: By DA ` CO S DY, Mayor • David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 20 -Dec -05 City Council Meeting Date Water/Wastewater Division Action Required: • Water/Wastewater Department Fayetteville City Administration recommends approval of a resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by MSB Properties LLC (1/3 interest) and Nanchar, Inc. (2/3 interest), and located at parcel No. 765-15773-010, located within E/2-27-17-30. Location 3 on attached list and map. 35,leo .Oo Cost of this request 4480-9480-5805.00 Account Number 02133.0305 Project Number Budgeted Item XX $ 113,011,587 00 Category/Project Budget 85,742,915.94 Funds Used to Date 27,268,671.06 Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name Dep -5 ent 'rector Previous Ordinance or Resolution d FL -0)C Oc Date Original Contract Date: Original Contract Number: City Attorney 1 Fi anc- and Internal Service Director Ma or 7/or ate Date Received in City Clerk's Office Comments: • • City Council Meeting of December 20, 2005 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody From: David Jurgens, Water & Wastewater Director Date: December 1, 2005 or Subject: Approval of nine resolutions authorizing the City Attorney to seek condemnation and possession of certain lands owned by the individuals and/or organizations listed herein. RECOMMENDATION Fayetteville City Administration recommends approval of nine related resolutions authorizing the City Attorney to seek condemnation and possession of certain lands owned by the individuals and/or organizations listed on the attached pages. BACKGROUND The City of Fayetteville has been negotiating with land owners for casements in which to install the sewer lines that will carry wastewater flows to the new West Side Wastewater Treatment Plant. Ninety-one tracts were required; 79 have been acquired. The owners of the remaining 12 tracts have all been contacted via mail, telephone, and in person. We have verbal agreement on two, which are not on the proposed condemnation list. The owners of the remaining 10 tracts are aware of the City's intent to turn any unresolved casement purchases over to the City Attorney to initiate the condemnation process on DcLtmber 1, 2005 and are included in the attached recommended condemnation list. DISCUSSION The remaining land owners generally want to be paid more money than staff feels is reasonable and appropriate. The City is paying full fee simple prices for all casements for the WSIP, based on appraisals conducted within the previous twelve months. Given that we are only obtaining an casement, and the owner still owns the land, paying more than this is not reasonable. Full fee simple is significantly greater than the casement payment offers made by the Highway Department, and every other utility. It also significantly exceeds that which the City has paid in the past for water/sewer casements. Counter offers have been made in several cases; owners have either not responded or refused the counter offer. Others are waiting for their own appraisal information in order to make a counter offer. Counter offers have included negotiated agreements pertaining to land restoration, sequencing and timing of work, etc. At this point, there can be no deviations on the selected route. BUDGET IMPACT Any condemnations filed will cost a filing fee of S140 each. Costs for the actual easements arc already approved within the 2005 WSIP budget. Attachments: List of Potential Condemnation Location Map WSIP Wcsi Linc tismnc Cndmn CCMcmoD c05 doc • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY MSB PROPERTIES, LLC AND NANCHAR, INC. WHEREAS, the City of Fayetteville and MSB Properties, LLC and Nanchar, Inc. have been unable to agree on a fair price for the property owned by MSB Properties, LLC and Nanchar, Inc. that is needed for a permanent utility easement across Parcel No. 765-15773-010; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the sewer lines that will carry wastewater flows to the new Westside Wastewater Treatment Plant. 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 to seek court ordered possession of property located on Parcel No. 765-15773-010, and owned by MSB Prope ties LLC and Nanchar, Inc., that is needed for a permanent utility ease em rit, a d t pay into the Registry of the Circuit Court the sum of -135,00; aslust compensation therefor. iw. r PASSED and APPROVED this 20th day of i ce ar, 2005. \. A . N 1- PROVED: I � ATT Bv: SONDRA iMIT'ICCity Clerk COODY, Mayor WS1P•est Line Easement Condemnat List Map Reference Description 1. WL1 — Tract 7 Owner: James E. Lindsey & Nita V. Lindsey, husband and wife; Giles A. Sexton & Elsie D. Sexton, husband and wife; and J. W. Reynolds Lumber Company, a Partnership; all as tenants in common (AKA: Paradise Valley Golf Course) Permanent and Temporary Easements across: Parcel Nos. 765-15690-000 and 765-15688-000, Located within SE -25-17-30. Offer Amount: $24,115 (PUE: $21,900 for 31,715 sq. ft.; TCE: $2,215 for 32,013 sq. ft.) WL2 — Tract 10 Owner: John D. Lindsey, LLC (AKA: Chestnut Apartments) Permanent and Temporary Easements across: Parcel Nos. 765-09481-000, 765-09482-000, and 765-09484-000 Located within Block 4, Parker's Plat of Valley View Acres Offer Amount: $9,500 (PUE: $8,750 for 0.35 acre; TCE: $750 for 0.30 acre) 3. WL4 — Tract 1 Owner: MSB Properties LLC (1/3 interest) and Nanchar. Inc. (2/3 interest) Permanent Easement (only) across: Parcel No. 765-15773-010, located within E/2-27-17-30. Offer Amount: $35,600 (PUE only: 0.89 acre) WL4 — Tract 4 Owner: Commonwealth-Ghosen Theatre Corporation Permanent and Temporary Easements across: Parcel Nos. 765-15813-000 and 765-15815-000, Located within SE -SE -28-17-30 Offer Amount: $24,400 (PUE: $22,800 for 0.76 acre; TCE: $1,600 for 0.52 acre) 5. WL4 — Tract 6 Owner: Lori S. Taylor (AKA: Razorback Park Golf Course) Permanent and Temporary Easements across: Parcel Nos. 765-16658-011 and 765-24095-000 Located within S/2 -NE -32-17-30. Offer Amount: $24,600 (PUE: $22,400 for 1.12 acres; TCE: $2,200 for 1.10 acres) WL4 — Tract 7 Owner: Crystal Springs Limited Partnership Permanent and Temporary Easements across: Parcel Nos. 765-16658-010 and 765-16658-030 Located within N/2-32-17-30 Offer Amount: $6,900 (PUE: $6,400 for 0.64 acre; TCE: $500 for 0.47 acre) WL4 — Tracts 9 & 10 Owner: SCB Investments LLC Permanent Easements across: Tract 9: Parcel No. 765-21137-000, Tract 1, Salem Village PUD Tract 10: Parcel No. 765-21138-000, Tract 2, Salem Village PUD Offer Amount — Tract 9: $6,600 (PUE only: 2,200 sq. ft.) Offer Amount — Tract 10: $7,500 (PUE only: 2,501 sq. ft.) WSIP West Linc Esmni CnWmn Lisi nccOS.dnc WSIP•est Line Easement Condemnat• hist Map Reference Description 8. WL4 — Tract 15 Owner: Barbara J. Heyliger, Trustee of the Barbara J. Heyliger Trust U/T/D March 8, 1994 Permanent and Temporary Easements across: Parcel No. 001-16808-000, located within SE -SW -31-17-30 Offer Amount: $11,300 (PUE: $10,700 for 1.07 acres; TCE: $600 for 0.58 acre) WL4 — Tract 17 Owner: Dan Nelson as Trustee of the Dan Nelson Revocable Trust Agreement dated May 8, 1998 Permanent and Temporary Easements across: Parcel Nos. 001-11405-000 and 001-11407-002 Located within the Frl. NW -1-16-31 and Frl. NE -2-16-31 Offer Amount: $13,800 (PUE: $12,900 for 0.86 acre; TCE: $900 for 0.58 acre) WSIP Wesi Linc [smm Cmlmn List Ikc05.doc Clarice Pearman - Res. 253, 254, 255, 25.257 From: Clarice Pearman To: Jurgens, David Date: 12/28/05 1:20PM Subject: Res. 253, 254, 255, 256 & 257 • Page -1-1 David, Attached are the resolutions passed by City Council, December 20, 2005 regarding the condemnation of certain property. CC: Bell, Peggy; Deaton, Vicki