HomeMy WebLinkAbout209-08 RESOLUTIONRESOLUTION NO. 209-08
A RESOLUTION APPROVING A SETTLEMENT WITH WESTSIDE
STORAGE, INC. IN THE AMOUNT OF $92,545.00 FOR RIGHT-OF-WAY
AND EASEMENT ACQUISITION FOR THE RUPPLE ROAD WIDENING
PROJECT, AND TO RELEASE A PROVISION OF THE BILL OF
ASSURANCE
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 approves a
settlement with Westside Storage, Inc. in the amount of $92,545.00 for right-of-way and
easement acquisition for the Rupple Road Widening Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby releases the
property owner from paragraph III of his July 10, 1990 Bill of Assurance: "Access for any
development on the most northern 3.5 acres of said property shall be limited to Rupple Road."
PASSED and APPROVED this 6th day of November, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Deputy City
G�: 1 Y SCS'%
toe •i3
E :FAYETTEVILLE
%9aell? ANSP�J�.'
AMi(Yif bl6zefk6iJdreSiXiGTON?"
Clerk
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/4/2008
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
A resolution to approve a settlement with Westside Storage, Inc. in the amount of $92,545 for right of way and
easement acquistion for the Rupple Road widening project.
92,545.00
Cost of this request
4470.9470.5809.00
Account Number
06008
Project Number
Budgeted Item
X
500,000.00
Category / Project Budget
Funds Used to Date
500,000.00
Remaining Balance
Budget Adjustment Attached
Rupple Road (Wedington to Mt. Comfort)
Program Category / Project Name
Street Improvements
Program / Project Category Name
Capital Improvement Program
Fund Name
Departme t Director
City Attorn
y
4)
ti,9 a. ILL
Finance and Internal Service Director
Mayor
V134 -7A.
Date
/0 Al 70 jr—
Date Date
to-zl-a$
Date
7-0 62-452
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
Mg,
Comments:
City Council Meeting of November 4, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: October 17, 2008
Subject: A resolution to approve a settlement with Westside Storage, Inc. in the
amount of $92,545 for right of way and easements for the Rupple Road Widening
Project.
RECOMMENDATION:
Staff recommends approval of the settlement with Westside Storage, Inc. in the amount
of $92,545 for right of way and easements for the Rupple Road Widening Project.
BACKGROUND:
On May 15, 2007 the City Council approved the Planned Zoning District for The Links
Development located near the intersection of Wedington Drive and Rupple Road. As a
part of the approval, the developer was required to 1) Construct the eastern half of Rupple
Road to its Master Street Plan designation along the project frontage (two travel lanes and
half a boulevard, 2.) Install new traffic signals on Rupple Road and on Wedington, and 3)
Widen Rupple Road to the south of the development to Wedington Drive including all
appropriate transition lanes and relocation of the existing signal. As a part of the
approval, the City Council committed the City to acquire the right-of-way from the two
existing property owners on the east side of Rupple and south of The Links Development
that are necessary to do the street widening.
DISCUSSION:
On February 13, 2008 the City Engineering Staff sent an offer to acquire the necessary
right-of-way and easements to Westside Storage, Incorporated based only on the acreage
of the land to be purchased and the value of the property based on Washington County's
appraised value. Several items that could be considered damages were brought up from
the property owner during several onsite meetings. In general, the road surface for
Rupple Road is currently 67' to the edge of the first building in the development. This
area currently contains the only parking for the facility. This first building contains the
offices for the business and a keypad that vehicles must use to enter the facility is located
at the southwest corner of the building. In order to use the keypad, a vehicle that is
usually carrying a tow behind trailer must stop in this area between the building and the
existing roadway.
1
City Council Meeting of November 4, 2008
The plans for the widening of Rupple Road onto this property will bring the edge of the
sidewalk within 28' of the building which would eliminate three of the five parking
spaces. In addition, there will be insufficient room for vehicles towing trailers to utilize
the existing key pad. This can best be seen on the aerial drawing that is included in this
packet.
Several alternatives were examined to address these issues to the satisfaction of the
business owner. After many discussions, the property owner decided that the only way
that the business could continue was to relocate the entrance to access Wedington Drive
and to build a new office at this entrance. The business owner has now submitted a
conceptual PZD to be heard at the Planning Commission and tentatively scheduled for
the November 18, 2008 City Council Meeting.
A second offer was submitted to Westside Storage on September 24, 2008 (see attached
letter) subject to City Council approval which included payment of damages that includes
moving the entry gates and driveway to access Wedington Drive and payment of six trees
to be located in the proposed utility easement. It is important to note that the City
Council must officially allow the connection to Wedington Drive since a Bill of
Assurances dated July 10, 1990 (also attached) states that "Access for any d'evelopment
on the most northern 3.5 acres of said property shall be limited to Rupple Road." This
offer was accepted in writing (also attached) on October 16, 2008 provided that an
additional $18,500.00 be added to the offer to pay for the additional expenses to move the
entry gates that was not included in the estimate. It states on the estimate that the cost
provided does not include the electrical wiring or conduit which is to be provided by the
owner. Also, this is to help pay a portion of the expenses "incurred to pursue the PZD
approval which has been extremely costly to us this far."
BUDGET IMPACT:
There is currently $500,000.00 in the Rupple Road Capital Improvement Program
account that was established in 2006 to acquire property and begin the engineering design
for the widening of Rupple Road between Mount Comfort Road and Wedington Drive.
This project was placed on hold upon the submittal of The Links private development.
2
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT WITH WESTSIDE
STORAGE, INC. IN THE AMOUNT OF $92,545.00 FOR RIGHT-OF-WAY
AND EASEMENT ACQUISITION FOR THE RUPPLE ROAD WIDENING
PROJECT.
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
approves a settlement with Westside Storage, Inc. in the amount of $92,545.00 for right-
of-way and easement acquisition for the Rupple Road Widening Project.
PASSED and APPROVED this day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
44444444 4 4444444
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q Principal Arterial
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- ♦ • Collector
a.°Historic Collector ADM
750 1.000
Feet
March 14, 2005
Planning Commission
5-1441 (Westside Storage)
Page 2.53
aye epi„le
ENGINEERING DIVISION CORRESPONDENCE
September 24, 2008
Westside Storage Inc.
Attn: Dennis Caudle
1192 N. Rupple Road
Fayetteville, AR 72704
RE: Rupple Road Widening and Improvements
Revised Offer Letter
Dear Mr Caudle:
In response to several of the issues that you have raised during our meetings and conversations over
the last several months, the City of Fayetteville has revised our previous offer. This new offer is summarized
below and will be contingent upon City Council approval:
➢ The City of Fayetteville hereby offers $18,900.00 for the acquisition of right-of-way (0.15 acres) and
$3,465.00 for the rights associated with the permanent easement (0.11 acres). There is no
compensation offered for the 0.11 acres in existing Rupple Road right-of-way. However, this area will be
removed from your overall property description along with the dedication of the new right-of-way; thus,
your tax bill should be reduced.
➢ The City of Fayetteville hereby offers $37,205.00 as proposed by P&D Services to move the entry gates
and the associated keypads, wiring, and appurtenances as itemized on the attached proposal.
• The City of Fayetteville hereby offers $11,475.00 (153 feet (d $75.00 per foot) for the installation of an
asphalt driveway from Wedington Drive to your existing back entrance.
• The City of Fayetteville hereby offers $3,000.00 for the purchase of six (6) trees located within the utility
easement boundary.
➢ The City of Fayetteville accepts the responsibility to provide one (1) fire hydrant along Wedington Drive if
required in association with any future development to replace an existing fire hydrant that was previously
installed by Westside Storage, Inc. and removed by the AHTD during the Wedington Drive widening
project.
➢ The City of Fayetteville will agree to revise the Bill of Assurance dated July 10, 1990 to allow access to
Westside Storage from Wedington Drive.
As previously stated, this offer will require approval from the City Council. At this point, the City will
need something from you in writing that states this offer will be acceptable and list any other special prov'sion
in order for this to be presented to the City Council. We understand that you wish to proceed with approval of
a Conceptual Planned Zoning Development before you give final acceptance. As an option, you can agree to
accept this offer but hold off signing the actual Warranty Deed and General Utility Easement until such time as
the PZD has also gained approval from the City Council.
Please give me a call to discuss at 575-8207
Enclosures
Sincerely,
Ronald S. Petrie
City Engineer
�PRpPOSAL,�
1IJw1YVlJJ
SEP -11-20013 02:51 PM PAULTEEL
P&D SERVICES
12014 Eat Hwy, 10
(.wrnvood,Ar.72996
Phone (479) 650{778
Fax ( 4711 8753182
Dennis Caudel
WtSISi Lit S IUNtAUt INC
479 675 3162
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SPECIFICATIONS AND ESTIMATES OF PROPOSAL
IIIUNIT PART S/DESCRIPT1ONIWORK TO BE PERMED
Move back gate and install controls and aaftys
includes new concrete and *dieing and labor.
UNIT COST
AMOUNT
$5,500.00
$5,500.00
1
eve front entry gate and Install
controls,safties,wireing and concrete,labor.
New main entry gate off Waddington Dr.;concrete
1 base and verticle pivot lift gate eafties,labor
4.
$5,500.00
320,955.00
05,500.00
$20, 955.00
Two keypads,500' control wlre.canduit,2
goosenecketand, trenching,concrete,labor.
$5,250.00
95,250.00
6
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Caudle
Qf ASSURANCE
WAShluvt.;:IWA
A.KOLLMFYER
This declaration of a Bill of Assurance made this ) o41- day of
31A-ly , 1932, by the undersigned owners of the following described
real estate located in the City of Fayetteville, Washington County, Arkansas,
and more particularly described as follows, to -wit:
SEE ATTACHMENT
WffitBAS,'the aforesaid owner of the real property described above has
secured the approval of the Fayetteville City Board of Directors to amend the
Fayetteville zoning map and rezone the most southern 1.5 acres of the above
described property from A-1, Agricultural, to R -O, Residential -Office and the
most northern 3.5 acres of the above described property from A-1, Agricultural,
to C-2, Thoroughfare•Comercial; and
. WHEREAS, the owners have promised and agreed to subject the development
of daid real estate pursuant to certain covenants and restrictions pertaining .
to same; and
WHEREAS, the -owners are desirous of making a declaration-of.the same in
the form of this Bill of Assurance with the intention of,guaranteeing the
preservation of certain values and amenities In the community and.to .bind.
themselves, their successors'and assigns and the aforedeacribed real estate and
its Subsequent oimere with the obligations and rstrictidns hereinafter set forth
for all present and future development and use of said property.'
NOW; TBRREFORB, the owners declare that the above described real property
. shall be held, developed, transferred, sold, conveyed and occupied subject to
.the covenants. and restrictions herein set forth:
I.
The use of the most northern 3.5 acres of saiWproperty. shall be limited
' to mini -storage development only.
11.
-'A tree preservation plan shall be submitted prior to any construction or
development subject to the following: a) the preservation of 60 percent of all
existing trees with a caliper of -8 inches or more, b) the protection of trees
to be preserved during the construction and paving process, and c) the
Understanding that the staff has the administrative authority to reduce by as
.much as 15 percent the percentage of trees to be preserved if the Unforeseen
removal of certain trees is deemed necessary during the construction process.
EXHIBIT A 10111379m 447
•
ADM 05-144
•
March 14, 2005
nning Commission
(Westside Storage)
Page 2.22
an Om; n rri. a 7J
III.
Access for any development ori the most northern 3.5 acres of said property
shall be limited to Rupple Road.
1970.
WITNESS my hand and seal this 104An
STATE OF ARKANSAS )
)SS:
COUNTY OF WASHINGTON )
day of Si�?
:Dar W CAubCC
ACKNOWLEDGEMENT
BE 1T RF11E4BERED that on this day "came` befoce.the`iuidersigned, a Notary
Public, within and for the County aforesaid, duly commissioned (and action,
"to me well knocdn, who acknowledged
that they had executed the foregoing Bill of Assurance for the consideration and
purposes therein mentioned and set forth:
WITNESS my hand and seal as.such Notary Public this
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(,41eJ
Notary Public
In day of
kkaiR1379nu148
March 14, 2005
Planning Commission
ADM 05-1441 (Westside Storage)
Page 2.23
Rupple Road Right -of -Way
Part of Parcel No. 765-16231-000
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Westside Storage, Inc., hereinafter called GRANTOR, 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,
bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, the following described land situated in the County of Washington, State
of Arkansas, to -wit:
A part of the parcel as described in Warranty Deed Record 1420-568 as recorded in Circuit Clerk's Office
for Washington County, Arkansas, being part of the SE1/4 of the NE1/4 of Section 12, Township 16
North, Range 31 West, Washington County, Arkansas, more particularly described as follows:
Commencing at the SW corner of said SE1/4 of the NE1/4; thence along the West line thereof
N00°00'00"E 267.00 feet to the SW corner of said parcel as described in Warranty Deed Record 1420-
568 for the Point of Beginning; thence along the West line of said parcel, N00°10'00"W 239.80 feet to the
NW corner of said parcel; thence along the North line of said parcel N90°00'00"E 47.88 feet; thence
leaving said North line 4.49 feet along a non -tangent curve to the left said curve having a radius of 140.00
feet and a long chord of S01°30'21"W 4.49 feet; thence S00°35'13"W 235.32 feet to the South line of said
parcel; thence along said South line N90°00'00"W 44.65 feet to the Point of Beginning containing 0.25
acres, more or less.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever.
WITNESS the execution hereof on this the day of 2008.
WESTSIDE STORAGE, INC.
By:
ATTEST:
[Please print or type Name and Title]
[Please print or type Name and Title]
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON
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 and to me
well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and respectively, of Westside Storage, Inc., and are duly authorized in
their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and
further 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 2008.
MY COMMISSION EXPIRES:
Notary Public
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Parcel No. 765-16231-000
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Westside Storage, Inc., hereinafter called GRANTOR, 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, does 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 permanent easement for the purpose of construction, maintenance, repair
and/or replacement, enlargement and operations of roadway, drainage, sidewalks,
and general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television
communication line or lines, and appurtenances thereto, on over, across, and under
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Book 1420 at Page 568)
A part of the Southeast Quarter (SE%) of the Northeast Quarter (NEY) of Section Twelve (12), Township
Sixteen (16) North, Range Thirty-one (31) West, being more particularly described as follows, to -wit:
Beginning at a point on the West line of said forty acre tract which is 267 feet North of the Southwest Comer of
said forty acre tract, and running, thence East 373.1 feet; thence South 0 degrees 10 minutes East 267 feet to
the South line of said forty acre tract; thence East 253.6 feet; thence North 0 degrees 25 minutes East along
an existing fence line 507.1 feet; thence West 632.1 feet to the West line of said forty acre tract; thence South
0 degrees 10 minutes East 239.8 feet to the point of beginning, containing Five and Five hundredths (5.05)
acres, more or less.
LESS AND EXCEPT: A part of the parcel as described in Warranty Deed Record 1420-568 as recorded in
Circuit Clerk's Office for Washington County, Arkansas, being part of the SE1/4 of the NE1/4 of Section 12,
Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows:
Commencing at the SW corner of said SE1/4 of the NE1/4; thence along the West line thereof N00°00'00"E
267:00 feet to the SW corner of said parcel as described in Warranty Deed Record 1420-568 for the Point of
Beginning; thence along the West line of said parcel, N00°10'00"W 239.80 feet to the NW corner of said
parcel; thence along the North line of said parcel N90°00'00"E 47.88 feet; thence leaving said North line 4.49
feet along a non -tangent curve to the left said curve having a radius of 140.00 feet and a long chord of
S01°30'21"W 4.49 feet; thence S00°35'13"W 235.32 feet to the South line of said parcel; thence along said
South line N90°00'00"W 44.65 feet to the Point of Beginning containing 0.25 acres, more or less.
PERMANENT EASEMENT DESCRIPTION:
A part of the parcel as described in Warranty Deed Record 1420-568 as recorded in Circuit Clerk's Office for
Washington County, Arkansas, being part of the SE1/4 of the NE1/4 of Section 12, Township 16 North, Range
31 West, Washington County, Arkansas, more particularly described as follows: Commencing at the SW
corner of said SE1/4 of the NE1/4; thence along the West line thereof N00°00'00"E 267.00 to the SW corner
of said parcel as described in Warranty Deed Record 1420-568; thence along the South line of said parcel
N90°00 00"E 44.65 feet to the Point of Beginning; thence leaving said South line NO0°35'13"E 235.32 feet;
thence 4.49 feet along a curve to the right said curve having a radius of 140.00 feet and a long chord of
N01°30 21"E 4.49 feet to the north line of said parcel; thence along said North line N90°00'00"E 20.02 feet;
thence leaving said North line 4.70 feet along a curve to the left said curve having a radius of 120.00 feet and
a long chord of S01°42'29"W 4.70 feet; thence S00°35113"W 235.12 feet to the South line of said Warranty
Deed Record 1420-568; thence along said South line N90°00'00"W 20.00 feet to the Point of Beginning,
containing 0.11 acres, more or less.
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.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is
relinquished, abandoned or vacated and so long as such pipe line or fines, electrical power, telephone and/or television lines or
cables, manholes and/or appurtenances thereto shall be maintained, 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 said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere
with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above water.
The Grantor agrees no to erect any buildings or structures in said permanent easement.
GENERAL UTILITY EASEMENT
Westside Storage, Inc.
Page 2 of 2
The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines
or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such
future construction as set out in this easement.
The consideration first above recited as being paid to 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 document in behalf of the Grantee is without authority to
make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of 2008.
• WESTSIDE STORAGE, INC.
By:
ATTEST:
[Please print or type Name and Title]
[Please print or type Name and Title]
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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 and to me well known
as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and respectively, of Westside Storage, Inc., and are duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further 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 2008.
MY COMMISSION EXPIRES:
Notary Public
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