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Home My WebLink About94-05 RESOLUTIONRESOLUTION NO. 94-05 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FEASIBILITY STUDIES, INC. WHEREAS, the City of Fayetteville and Feasibility Studies, Inc. have been unable to agree on a fair price for the property owned by Feasibility Studies, Inc. that is needed for permanent utility and temporary construction easements at 530 North College Avenue; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the North College Avenue Water Line Replacement 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 to seek court ordered possession of property located at 530 North College Avenue and owned by Feasibility Studies, Inc., that is needed for permanent utility and temporary construction easements, and to pay into the Registry of the Circuit Court the sum of $4,890.00 as just compensation therefor. PASSED and APPROVED this 3'd day of May, 2005. °"1KlTR ",,, �`G�ER • • • .% APPROV E ;FAYETTEVILLE: B '-L•• 9 p5 ��` y DAN COODY, Mayor owe '•W4S WXe ,�GTON C;'N%J4P ATTEST: JullIo �o By: &4L—u� SONDRA SMITH, City Clerk CITYRTTORNEY AGENDA REQU4ST FOR: COUNCIL MEETING OF MAY 3, 2005 a d " X11 - FROM: DAVID WHITAKER, ASSISTANT CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Authorizing The City Attorney To Seek Condemnation And Possession Of Certain Lands Owned By Feasibility Studies, Inc. APPROVED FOR AGENDA: Assistant ity Attorney 2P zoos Date Date RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY FEASIBILITY STUDIES, INC. WHEREAS, the City of Fayetteville and Feasibility Studies, Inc. have been unable to agree on a fair price for the property owned by Feasibility Studies, Inc. that is needed for permanent utility and temporary construction easements at 530 North College Avenue; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on the North College Avenue Water Line Replacement 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 to seek court ordered possession of property located at 530 North College Avenue and owned by FeasbiI Studies, Inc., that is needed for permanent utility and temporary co tr ctio' easements, and to pay into the Registry of the Circuit Court the su 90.00 as just compensation therefor. PASSED and APPROVED this 3rd day of Mar2005., AI'PROVED 000000 DA +GOODY, Mayor AVINDIT B . ' ity Clerk • KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY DAVID J. WHITAKER Assistant City Attorney Judy Hensley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 April 19, 2005 Mr. Earl Webb 530 North College Avenue Fayetteville, AR 72701. RE: North College Avenue Water Line Replacement Dear Mr. Webb: THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 Your file has been -provided to my office to begin condemnation procedures to obtain easements necessary to replace the old and unreliable water line located in the middle of North College with a new line along the right of way on both sides. This improvement is primarily designed to help your business and other businesses along North College receive more consistent water service. Our understanding was that you had agreed to sign the necessary easement documents, but we have yet to receive them. The City sent you a duplicate packet of documents on March 25, 2005, and hopefully has fully complied with the requests you made in your February 10, 2005 letter. The last thing I want to do is to file a condemnation suit in Circuit Court. Please sign the easement documents and return them to us immediately or let me know what questions you might have that could be delaying resolution of this easement acquisition. We are certainly trying our best to improve your water service with as little disruption to adjoining land owners as possible. Thank you for your consideration. With' - Q IIT Fayei KW/jh cc: David Jurgens, Water & Wastewater Superintendent • i FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Kit Williams, City Attorney FROM: Jill Goddard, Land Agent FD DATE: April 18, 2005 SUBJECT: North College Water Line Replacement Possible Condemnations Attached please find packets (including a brief case history on each) for two properties on the North College Water Line Replacement project that we have not been able to get signed documentation from. Before preparing paperwork for City Council to seek possession through the court, would you like to contact them to see if your influence can obtain the necessary signatures? This project is currently proposed to start June, 2005, and continue through the summer. It would replace the existing waterline which is in the middle of College Avenue with smaller waterlines either side of College. This is a benefit to the property owners in that the existing line is old and prone to breakage. Out of a total of 30 easements, these two are the only ones left to sign. Although the estimated start date is within a couple of months, other segments can be constructed while waiting for orders of possession on these two. Let me know if you need additional information or if I need to prepare the Council packet. Thanks. 0 • CASE HISTORY North College Waterline Replacement Feasibility Studies, Inc. Line 24, Tract 6 11/30/04 Offer packet mailed (including offer letter, water/sewer easement document, vendor form, and drawing of property). 2/8/05 Notice/reminder letter mailed. 2/10/05 Letter from Earl Webb asking that the easements be staked. Called Robert White, McClelland, to arrange that. 2/22/05 Side letter mailed noting that easements had been marked. 3/24/05 Notification mailed (certified). Letter received on 3/25/05. 3/25/05 Call from Mr. Webb's office asking for a duplicate packet. New packet mailed this date. 4/18/05 Was under the impression that they were preparing to sign documents—as of this date, nothing received. CONTACT: Feasibility Studies, Inc. Attn: Earl Webb 530 N. College Fayetteville, AR 72701 521-9080