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Home My WebLink About216-07 RESOLUTIONRESOLUTION NO. 216-07 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE GANTERT FAMILY TRUST. WHEREAS, the City of Fayetteville and the Gantert Family Trust have been unable to agree on a fair price for the property owned by the Gantert Family Trust that is needed for permanent utility and drainage easements, and temporary construction easements across Parcel No.765-15566-000; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Zion Road. 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. 765-15566-000 and owned by the Gantert Family Trust that is needed for permanent utility and drainage easements, and temporary construction easements for improvements to Zion Road, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 18th day of December, 2007. APPROVED: ATTEST: By: 4clere D COY, Mayor By: •Sk5-2.KITr' 4 � 0 ,��.•'G\TY O, SG' ;V• Fa •p E :FAYETTEVILLE: ? %9CS • :kgNSF °\)? SONDRA E. SMITH, Cry Clerk/Treasurer Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 12/18/2007 City Council Meeting Date Engineering Division Action Required: Res / Z/ c r�-t , ,/ Operations Department Approval of a Resolution authorizing the City Attomey to seek condemnation and possession of certain lands owned by the Gantert Family Trust that are necessary for the Zion Road Improvement Project. $ 37,210.00 Cost of this request 4520.9520.5809.00 Account Number 06035.1830 Project Number Budgeted Item X Department D ector c I City Attom y $ 24,496,473.00 Category / Project Budget 2,193,732.16 Funds Used to Date $ 22,302,740.84 Remaining Balance Budget Adjustment Attached Finance and Internal Service Director Mayor ``30.O� Date Da e 11-�-07 Date Date Zion Road (College to Vantage) Program Category / Project Name Street Improvements Program / Project Category Name 2006A Sales Tax Construction Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office • Comments: City Council Meeting of December 18, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations Street Committee From: Ron Petrie, City Engineer ` ,^,LL Y✓� Date: November 30, 2007 Subject: Approval of a Resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the Gantert Family Trust that are necessary for the Zion Road Improvement Project. RECOMMENDATION: Staff recommends approval of a resolution•authorizing the City Attorney to seek possession by condemnation of a portion of the property owned by the Gantert Family Trust adjacent to Zion Road. BACKGROUND: The Zion Road Project is one of the projects to be constructed under the Transportation Bond Program. The project consists of widening approximately 2400 feet of Zion Road to 3 lanes from College Avenue to just east of Vantage Drive, installation of an underground storm drainage system, and construction of 6 foot sidewalks on both sides of the roadway, as approved by the City Council and Street Committee. Right of way and/or easements are required from 15 property owners on the Zion Road Project. City staff has acquired the necessary easements and rights of way from 9 of the 15 owners, and it appears that 4 other property owners will accept the City's offer as well. DISCUSSION: The owners of this property are represented by their son, Michael Gantert. Mr. Gantert has expressed concem regarding the drainage across the property and is not willing to sign the easement documents due to this concern. He is concerned about drainage effects on a possible development. In the opinion of staff, the location of the drainage outfall is the most feasible location, and, without any site plan or other development proposals, the location of the drainage outfall should remain as is. Mr. Gantert indicated that he would provide a development plan, but no plans have been received from Mr. Gantert to date. BUDGET IMPACT: 1 t r RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE GANTERT FAMILY TRUST. WHEREAS, the City of Fayetteville and the Gantert Family Trust have been unable to agree on a fair price for the property owned by the Gantert Family Trust that is needed for permanent utility and drainage easements, and temporary construction easements across Parcel No.765-15566-000; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Zion Road. 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. 765-15566-000 and owned by the Gantert Family Trust that is needed for permanent utility and drainage easements, and temporary construction easements for improvements to Zion Road, and to pay into the Registry of the Circuit Court lust compensation therefor. PASSED and APPROVED this 18th day of December, 2007. APPROVED: ATTEST. By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer CASE HISTORY Zion Road Improvements Gantert Family Trust Parcel No. 765-15666-000 Tract N-03 7/17/2007 Packet mailed to Gene & Mignon Gantert, Bella Vista, AR. Offered $27,140.00 for ROW (5,713 sq. ft.), $5,840.00 for permanent utility easement (4,918 sq. ft), $3,040.00 for TCE (6,398 sq. ft.), and $1,190.00 for drainage easement (1,000 sq. ft.); for total offer of $37,210.00. (Offer was based on fee simple value of $4.75/s.f. as determined in appraisal of Parcel No. 765-15655-000 to the east. ROW at full fee simple, PE at 25% of fee simple, TCE at 10% of fee simple.) 8/1/2007 Michael Gantert (son) called and left message. 8/2/2007 Called Michael Gantert back (California). He requested copy of the appraisal (Moler property used as value guide) and an aerial image. Questioned length of project. Told it was 12-15 months, start to finish, with utility relocation first. 8/3/2007 8/272007 9/4/2007 9/4/2007 10/4/2007 10/31/2007 Info packet mailed (Bella Vista address) including appraisal, aerial, and letter. Chris Brown received call from Michael Gantert, set up time to meet. Meeting with Michael Gantert, Jeff Bates (his engineer), Chris Brown, Paul Libertini and JSG. Mr. Gantert had concerns regarding drainage and their future development of the property. City agreed to change drainage easement to TCGE. Gantert and engineer will "step up" development plans to determine route of drainage, to be dedicated later. Revised easement mailed. Left offer amount the same as originally presented. Notification letter sent discussing bid opening and potential condemnations. Chris Brown called Michael Gantert. Mr. Gantert indicated he is still concerned about the effects of the drainage across the property. He has consultants working on site plans for the property. 77 1 1 1 r N 0 O >z z� H 0 m O O< mm m z 1(12.21.07) Clarice Pearman - Res. 216-07 Page 1 From: Clarice Pearman To: Petrie, Ron Date: 12.21.07 3:30 PM Subject: Res. 216-07 Attachments: 216-07 Gantert Family Trust Condemnation.pdf CC: Audit Ron: Attached is a copy of the above resolution passed by Cdy Council, December 18, 2007. Please let me know if there is anything else needed for this item. Happy Holiday! Thanks. Clarice