HomeMy WebLinkAbout167-08 RESOLUTIONRESOLUTION NO. 167-08
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY
HERBERT G. PARKER, BEING AN HEIR AT LAW OF OTIS J. PARKER,
DECEASED.
WHEREAS, the City of Fayetteville and Herbert G. Parker, being an heir at law of Otis
J. Parker, deceased, have been unable to agree on a fair price for the property owned by Herbert
G. Parker, that is needed for a temporary construction easement across Parcel No.765-15165-
000; and
WHEREAS, the City of Fayetteville needs to gain possession of this property promptly
to begin the installation of the EL -3 WSIP sewer line.
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.
765-15165-000 and owned by Herbert G. Parker, being an heir at law of Otis J. Parker, deceased,
that is needed for the installation of the EL -3 WSIP sewer line, and to pay into the Registry of
the Circuit Court just compensation therefor. ,.�`�Gv�RrREQs�''-
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FAYETTEVILLE:
PASSED and APPROVED this 2"d day of September, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By: \YLlly
SONDRA E SMITH, City Clerk/Treasurer
'9`sy QkANSP:�
''.;yGTON `��.�'�`.
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2 -Sep -08
City Council Meeting Date
Wastewater System Improv Proj
Division
Action Required:
fts
dikArMonier
Water/Wastewater
Department
Fayetteville City Administration recommends approval of a resolution authorizing the City Attorney to seek
condemnation and possession of certain land owned by Otis J. Parker Estate; located at Parcel No. 765-15165-000,
located within SE -22-16-30. Location 2 on attached list and map.
400.00
Cost of this request
4520.9520.5308.02
Account Number
02133-0305
Project Number
Budgeted Item
XX
Dep ent Director
46,262,358
Category / Project Budget
27,801,066
Funds Used to Date
18 461 292
Remaining Balance
Budget Adjustment Attached
City Attorne
Datg
g174rog-
Date
Finance and Inte nal Service Director Date
Mayor
ate
Wastewater System Imp Project
Program Category / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
ir
Comments:
aye eyi.le
CITY COUNCIL AGENDA MEMO
City Council Meeting of 2 September 2008
To: Mayor Dan Coody
From: David Jurgens, Water and Wastewater Directoi`
Fayetteville Sewer Committee
Date: August 15, 2008
Subject: Approval of Three Resolutions Authorizing The ity Attorney to Seek Condemnation and
Possession of Certain Lands Required for WSIP EL -3
RECOMMENDATION
Staff recommends approval of Three resolutions authorizing the city attorney to seek condemnation
and possession of certain lands required for WSIP EL -3 owned by the individuals and/or
organizations listed on the attached pages.
BACKGROUND
The City of Fayetteville has been negotiating with land owners for easements in which to install the
sewer lines that will carry wastewater flows to the new West Side Wastewater Treatment Plant. 18
were required; 13 have been acquired and 1 was eliminated. The owners of the remaining tracts
have all been contacted via mail, telephone, and in person, except for the Parker estate, from which
we have had no contact and are not sure of a correct address. Owners of the remaining tracts are
aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to
initiate the condemnation process in August.
DISCUSSION
Negotiations are still underway with several of the owners, but the timing is such that we must
proceedwith the condemnation process in the event the negotiations do not succeed. Details of each
parcel are below.
(1) Parker Estate. No contact, previous owner deceased.
(2) Epperly. One owner (Epperly) disputes the easement for the existing 80 year old sewer
line and wants more money than staff feels is reasonable and appropriate. The City is paying full
fee simple prices for permanent WSIP easements, based on appraisals. In this case, we are only
obtaining a temporary construction easement, as we are replacing the existing line in place. (3)
Littlefield Oil. Aaron Littlefield stated he would send easement prior to 22 August.
(4) Ed Hurley (not included in packet) will drop off signed document prior to 18 August.
BUDGET IMPACT
Any condemnations filed will cost a filing fee of $140 each. Costs for the actual easements are
shown on each individual Staff Review Form. Funds are available in the WSIP budget.
Attachments: List of Potential Condemnations
Location Map
EL -3 Esmt Cndmn CCMemoJune08 a
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
SEEK CONDEMNATION AND POSSESSION OF CERTAIN
LANDS OWNED BY HERBERT G. PARKER, BEING AN HEIR AT
LAW OF OTIS J. PARKER, DECEASED.
WHEREAS, the City of Fayetteville and Herbert G. Parker, being an heir
at law of Otis J. Parker, deceased, have been unable to agree on a fair price for the
property owned by Herbert G. Parker, that is needed for a temporary
construction easement across Parcel No.765-15165-000; and
WHEREAS, the City of Fayetteville needs to gain possession of this
property promptly to begin the installation of the EL -3 WSIP sewer line.
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. 765-15165-000 and owned by Herbert G.
Parker, being an heir at law of Otis J Parker, deceased, that is needed for the
installation of the EL -3 WSIP sewer line, and to pay into the Registry of the
Circuit Court just compensation therefor.
PASSED and APPROVED this 2nd day of September, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Map
Reference
WSIP East Line Easement Condemnation List
Description
EL3 — Tract 3
Owner: Herbert G. Parker, being an heir al law of Otis J. Parker, deceased
Temporary Construction Easement across. Parcel No. 765-15165-000
Located within NE -SW -22-16-30
Offer Amount: $260.00 (TCE only: 2812 sq. ft.)
4. EL3 — Tract 5
Owner: Daniel L. Epperly and Reba W.
Temporary Construction Easements across:
Offer Amount: $1,025.00 (TCE north: 2006 sq.
5. EL3 — Tract 7
Owner: Littlefield Investment Co.
Permanent Easement across:
Epperly, husband and wife
Parcel No. 765-14983-000
Located within NE -SE -21-16-30
ft., TCE south: 2092 sq. ft.; total: 4098 sq. ft.)
Parcel No. 765-14998-000
Located within NW -SE -21-16-30
Offer Amount: $5,400.00 (PE only: 2160 sq. ft.)
WSIP EL -3 Easement Condemnationl 7July08
COLEMAN AVE
HILL AVE
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LOCUST AVE
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ERIKA AVE
CURTIS AVE.
LEEPER DR
CASE HISTORY
Otis J. Parker Estate
EL3 (Line 4) — Tract 3
12/9/2006 Date of appraisal by Mark Risk, the Real Estate Consultants for an appraisal of
the Hanna -Moore property. Used that land value ($40,000/acre) x 10% to
calculate rental value of TCE. 2,812 square feet of Temporary Construction
Easement at $4,000/acre for a total offer of $260.00.
1/8/2007 Date of offer letter. Packet containing letter, easement document, drawing, and
vendor form mailed on 1/12/2007. Offer amount as calculated above.
4/4/2007 Date of reminder letter, urging a response.
8/3/2007 Date of notification letter, giving deadline of August 31, 2007 for response.
7/1/2008 As of this date, no response to any of the mailings. Current owner apparently
inherited property and lives in Florida. Turned over to the City Attorney's office for
potential condemnation.
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
August 3, 2007
Otis J. Parker Estate
c/o Herbert G. Parker
3510 Tullamore Lane
Tallahassee, FL 32308
RE:
Dear Mr. Parker:
Project No. 02133
Wastewater Improvements Project
EL3 (Line 4) — Town Branch to Happy Hollow
Tract 3
Notification Letter
As you are now aware, the City of Fayetteville is constructing a new wastewater treatment plant
on the west side of town as well as new gravity sewer lines, pump stations, and force mains associated
with both the new plant and the existing east side treatment plant.
The City of Fayetteville needs to move forward with this project; the primary obstacle to final
approval of the project, enabling bidding of the work, is the finalization of easement acquisition.
On January 12, 2007, a packet of information was mailed to you regarding the acquisition of
easement across your property. Then on April 4, 2007, a reminder letter was mailed along with a
resubmittal of the proposed easement(s). The City of Fayetteville has yet to receive a response to either
mailing.
In the absence of further negotiations and receipt of signed documents, a deadline for closure of
these acquisitions has been established. If we have not heard from you nor received a signed easement
document and vendor form by August 31, 2007, the file will be turned over to the City Attomey's office
and procedures will be started to obtain possession through the courts, as based on the original offer.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of
this project and the associated easements and acquisitions. Please contact Jill Goddard at (479) 444-
3407, Holly Jones at (479) 444-3414, or I can be reached at (479) 575-8330.
Si i pr ly
Davi. urger P.E.
Wat- nd W stewater Director
DJys
113 West Mountain 72701 479-575-8206
FAX 479-575-8202
W:v!lle
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
1C
ENGINEERING DIVISION
April 4, 2007
Otis J. Parker Estate
c/o Herbert G. Parker
3510 Tullamore Lane
Tallahassee, FL 32308
RE:
Dear Mr. Parker:
Project No. 02133
Wastewater Improvements Project
EL3 (Line 4) — Town Branch to Happy Hollow
Tract 3
Reminder Letter
The City of Fayetteville sent you a letter dated January 8, 2007 regarding the wastewater
improvement project. Your property will be affected by these improvements. Enclosed with this letter were
drawings of your specific property depicting the area affected by the improvements as well as the
accompanying documents. If you did not receive this packet of information please contact me
immediately at 479-444-3407.
The City of Fayetteville has had no reply from you or a representative of you on this matter.
Construction for this project is scheduled to begin in February 2008 and the City of Fayetteville would like
to have all easements acquired well before construction begins.
If you have any questions or concerns about the information sent to you, please do not hesitate to
contact me. A City Land Agent will be glad to meet with you at your convenience and discuss all phases
of this project and the associated easements and acquisitions. Please contact me at (479) 444-3407,
Holly Jones at (479) 444-3414, or Kem Wimberly at (479) 444-3415. If you do not have any questions or
concems and elect to accept our offer, please execute the accompanying documents (easement and
vendor form) and retum them to the City of Fayetteville. The documents must be executed by all parties
with current ownership interests in the particular property and notarized.
Sincerely,
ill Goddatd
Land Agent
/jsg
113 West Mountain 72701 479-575-8206
FAX 479-575-8202
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ARKANSAS
THE CITY OF FAYETrEVILLE, ARKANSAS
ENGINEERING DIVISION
January 8, 2007
Otis J. Parker Estate
c/o Herbert G. Parker
3510 Tullamore Lane
Tallahassee, FL 32308
RE:
Dear Mr. Parker:
Project No. 02133
Wastewater Improvements Project
EL3 (Line 4) — Town Branch to Happy Hollow
Tract 3
Offer Letter
The -City of Fayetteville is currently in the process of replacing and expanding the wastewater treatment
facility on the east side of Fayetteville, as well as constructing a new treatment facility on the west side of town.
These activities are anticipated to meet the requirements of our growing city over the next twenty to twenty-five
years. As part of this improvement, the water and wastewater collection and transmission facilities must be
modified and expanded at the same time. The City needs to install a 42" gravity flow sewer line within a 58"
steel encasement across your property to accomplish these much needed improvements. This new line will be
located within the existing easement. As noted on the attached diagram, our consulting engineers are asking for
a 10 foot wide temporary construction easement for a little extra working room. The temporary construction and
grading easement shall terminate when the project has been completed by the contractor and accepted by the
City of Fayetteville, Arkansas.
The City of Fayetteville hereby offers $260.00 for the rental of the area within the temporary construction
easement (2,812 square feet). This amount is based on 10% of fee simple land value (or 10% x $40,000/acre).
Included is a general map of the subject area, as well as a drawing of your specific property depicting the
anticipated area required for the proposed easement.
Should you elect to accept this offer, the Temporary Construction Easement contained herein should be
executed by all parties with current ownership interest in the particular property. The document should be
notarized and retumed to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the
execution of the document if you will advise our office accordingly. Upon receipt of the easement, a check will
be requested and you will be paid the amount indicated in this offer letter.
A copy of the Temporary Construction Easement is included for your records Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A Vendor
Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this
project and the associated easements and acquisitions. Please contact Jill Goddard at (479) 444-3407, Holly
Jones at (479) 444-3414, or I can be reached at (479) 575-8330.
Sincerely,
David Jurgens P E
Water and Wastewater Director
DJ/jsg
Enclosures
113 West Mountain 72701 479-575-8206
FAX 479-575-8202
•
Parcel #765-15165-000
WSIP-EL 4 Tract #E-4-3
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Herbert G. Parker, being an heir at law of Otis J. Parker,
deceased, hereinafter called GRANTORS, for and in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a temporary construction and grading
easement on, over, and through the following described land situated in the County
of Washington, State of Arkansas, for the sole purposes necessary for construction
of a water line, to -wit:
PROPERTY DESCRIPTION: (Deed Book 458/Page 30)
South half of the North half of the Northeast quarter of the Southwest quarter, Section 22, Township 16 North,
Range 30 West, containing 10 acres more or less.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction easement, being 10 feet of equal and uniform width, running parallel with and
adjacent to a portion of the South line of an existing permanent utility easement as described in Record 523-
568, containing 2,812 square feet (0.06 acres), more or less, as shown on Exhibit A. The sidelines of said
easement shall be lengthened or shortened to terminate on the deed line of the above described property on
the West side and the West right-of-way line of Momingside Drive on the East side.
Together with the rights, easements and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this . day of 2006.
Herbert J. Parker
1!
TEMPORARY CONSTRUCTION EASEMENT
Herbert J. Parker
Page 2 of 2
STATE OF ARKANSAS
COUNTY OF
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 Herbert J. Parker, being an heir at law of Otis J. Parker, deceased, 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 day of 2006.
MY COMMISSION EXPIRES:
Notary Public
PARCEL NO. 765-15165-000
OWNER:: 0115 3 PARKER
RECORD DEED: 458 30
EXISTING
SEWER UNES
PROPOSED 42"
SEWER UNE \ /
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EXISTING 20 FOOT UTILITY
EASEMENT RECORD 1139-256
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EXISTING 25 FOOT UTIUTY
EASEMENT RECORD 523-568
BEARINGS BASED 014
CITY MONUMENTS 1-21 at F-11
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 TL
THIS EXHIBIT A /5 .4 SKETCH DESCR/PDL£ ONLY OF
INC SIC SHAPE AND LOCADQV OF THE PROPOSED
EASEMENTS AND DOS NOT CONSDIUTE A PLAT OR
SURVEY OF THE Q?AN7QP5 PROPERTY.
PY
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20'
PROPOSED 10 FOOT TEMPORARY.
CONSTRUCTION EASEMENT
PY
NE 1/4
SW 1/4
22-16-30
Pt
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1
1
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AREA CALCULATIONS
S0. FT.
ACRES
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
2,812
0.06
PL
LEGEND
APPROXIMATE TRENCH LIMITS
PL EXISTING PROPERTY LINE
EXISTING RIGHT OF WAY LINE
EXISTING EASEMENT UNE
PROPOSED T.C.E. LINE
J:\Projects\2002\0296-3000 FAY WW — Design\ esign\Drowings\Phose 3\Acgusilion\FWWVRW4-3.dwg
GARVERIENGINEERS
"Engineers Since 1919"
3010 FRONT STREET- SUM 10, FAYETTEVILLE, ARKANSAS 72703
PHONE (476) 6279100. FAX (470) 52740101
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LINE 4 - TRACT#3
EXHIBIT A
CARVER PROJECTCONTRACT
0296-3000 I EL -3
DATE OCTOBER 23. 2006 REV.
9.4A8 Clarice Pearman - Res 167-08 and 168-08 Page 1
From: Clarice Pearman
To: Jurgens, David
Date: 9.4.08 4:03 PM
Subject: Res. 167-08 and 168-08
Attachments: 168-08 Littefield Condemnation.pdf; 167-08 Parker Condemnation.pdf
CC: Audit
David:
Attached is a copy of the resolution passed by the City Council, September 2, 2008 regarding the Parker and Littlefield
condemnations. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
' (9.4.08) Clarice Pearman - Res. 167-08 and 168-08 Page
From: Clarice Pearman
To: Williams, Kit
Date: 9.4.08 4:06 PM
Subject: Res. 167-08 and 168-08
Attachments: 168-08 Littefield Condemnation.pdf; 167-08 Parker Condemnation.pdf
CC: Jurgens, David
Kit:
Attached is a copy of the resolutions passed by the City Council, September 2, 2008 authorizing the city attorney to file suit
for the Parker and Littlefield Investment Co condemnations. Please let me know if there Is anything else needed for this
Item. Have a good day.
Thanks.
Clarice