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Home My WebLink About102-09 RESOLUTIONRESOLUTION NO. 102-09 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY AARON H. WATSON AND PATRICIA WATSON NEEDED FOR THE MT. COMFORT ROAD WIDENING PROJECT. WHEREAS, the City of Fayetteville and Westside Storage, Inc. have been unable to agree on a fair price for the property owned by Aaron H. Watson And Patricia Watson that is needed for right-of-way and a utility easement across a portion of Parcel No.765-13586-001; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Mt. Comfort 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. 765-13586-001 and owned by Aaron H. Watson And Patricia Watson that is needed for right-of-way and a utility easement for improvements to Mt. Comfort Road, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 5th day of May, 2009. APPROVED: ATTEST: By: CJlSW SONDRA E. SMITH, City Clerk/Treasurer ,1111191P41PPFrOo� oe q��"A.9°C,\iYo�, - ' ` O 0 s� O P :FAYETTEVILLE: 14) ca▪ ICA 14 std • diad P G a,`�A;;?O''' Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 512009 City Council Meeting Date Agenda Items Only Engineering Division Division Action Required: /265 _/5/0 e-erholt1/1119471/ Development Services Dept Department Approval of a Resolution authorizing the City Attorney to seek condemnation and order of possession of certain lands owned by Aaron H. Watson; Patricia Ann Watson, joint tenants with right of survivorship, necessary for Mount Comfort Road Widening Project. 12,500.00 Cost of this request 4450.9520.5805.00 Account Number 06035.1500 Project Number $ 19,343,175.00 Mt. Comfort (Alpine to Rupple Rd) Category / Project Budget 5,005,981.64 Program Category / Project Name Land Acquisition Funds Used to Date Program 1 Project Category Name 14,337,193.36 Transportation Bond St Improvements Remaining Balance Fund Name Budgeted Item l Budget Adjustment Attached De.. rtme t Di CJtir City Attorney Finance and Internal Services Director j!`t [tti41 Previous Ordinance or Resolution # Date Original Contract Date: 17 , , - Original Contract Number: Date St~I /~/rw Date ate Ma or Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 City Council Meeting of May 9, 2009 CITY COUNCIL AGENDA MEMO To; Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, Interim City Engineer Date: April 16, 2009 Subject: Approval of Resolution authorizing the City Attorney to seek condemnation and order of possession for certain lands owned by Aaron H. Watson; Patricia Ann Watson, joint tenants with right of survivorship, necessary for the Mount Comfort Road Widening Project. RECOMMENDATION: Staff recommends approval of a resolution authorizing the City Attorney to seek possession by condemnation of a portion of property owned by Aaron H. Watson; Patricia Ann Watson, joint tenants with right of survivorship at the Northeast comer of the intersection of Salem Road and Mount Comfort Road. BACKGROUND: The Mount Comfort Widening project is a part of the Transportation Bond Program. Two separate construction contracts will be let for this project. The first Contract includes widening at I540 and reconfiguration of the Shiloh Drive Intersections. Work under this contract is has begun. Contract 2 includes widening Mount Comfort to four lanes from Alpine Drive to Rupple Road, with signalization at Rupple and Salem. This contract has been advertised, and bids will be received on April 28th DISCUSSION: The property owned by the Watsons is located at the northeast comer of Salem Road and Mount Comfort Road. Therefore, right of way and easements are needed along the south and the west side of their property. New right of way to be acquired is 1,711 sf A utility easement of 2945 sf adjacent to the new right of way is needed as well. The City has offered $12,340 for the right of way and easements to be acquired. The property owner has provided a counter offer of $80,000. In staff's opinion, this counter offer is not commensurate with the damages to the property. Right of way and easements have been acquired from 58 of 60 property owners affected by Contract 2, with a verbal agreement from the 59th property. Therefore, the Watson City Council Meeting of May 9, 2009 property is the only property left to acquire for Contract 2. Acquisition of the right of way and easements on this property is necessary in order to move forward to construction. BUDGET IMPACT: This payment for land acquisition will be made from the project budget allocated for the Mount Comfort Road Widening Project which is funded by the Transportation Bond Program. The agenda item staff review form indicates $12,500 as the cost of this request. It should be noted that this is an estimate and that the final cost is subject to negotiation with the property owner or by court order. It is anticipated that the appraised value will be deposited into the Registry of the Circuit Court as just compensation. 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY AARON H. WATSON AND PATRICIA WATSON NEEDED FOR THE MT. COMFORT ROAD WIDENING PROJECT. WHEREAS, the City of Fayetteville and Aaron H. Watson and Patricia Watson have been unable to agree on a fair price for the property owned by Aaron H. Watson and Patricia Watson that is needed for right-of-way and a utility easement across a portion of Parcel No.765-13586-001; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Mt. Comfort 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. 765-13586-001 and owned by Aaron H. Watson and Patricia Watson that is needed for right-of-way and a utility easement for improvements to Mt. Comfort Road, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 5t day of May, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer HORIZ. SCALE: 1"= 200' VERT. SCALE: 1"= ENGINEERING DIVISION 113 W. MOUNTAIN STREET nowt: CM) 513-206 6u v (m) 513bx2 Mount Comfort Road Watson Pro.ert ME L_N87'27'17"W _ I 30.00' PROPOSED NEW RIGHT OFWAY I L APPARENT EXISTING 25 RIGHT-OF-WAY I SW CORNER FRL. NW 1/4 SECTION 6 T -16-N R -30-W 3" ALUM. MON. j(jy\sv (RECORD 1363.522 5872.3'45"E 1379.16' - ,-==�� i I! S87'27'17"E 15.00' (RECORD 145.002 S87'27'17"E 1.31.68' 101.68' PARCEL NO. 765-13586-001 OWNERS. AARON H. W,4 TSON & PATRICIA ANN WATSON 4'C0R0 DEE: 2006-00051396 PROPOSED 15' UTILITY EASEMENT N654830"W PROPOSED 13.3T TEMP. CONST. EASE. in o co to Nt..-....__.-_i-'-i N707623 E — PROPOSED.. ",=-=-- UTILITY EASEMENT 35.87' 502'29'59"W 7 / 61 4 �( J� 8.93' 723'45"W 73.60' • !N0273$TE 2500' BEARINGS BASED ON CITY MONUMENTS J9 & 19 — —roe R/w R/W 'N 41'00'00 39.96'! 1.7 37' $41.00'00"E R N0T29'59"E 30.00' 587'23'45"E 131..08' �(RECDRD 14500)—__ �_ -_APPARENT EXISTING MOUNT COMFORT ROAD II 30 RIGHT-OF-WAY11 =-- �/W i rr 11 rr TO TOB �y -:RIS �1�Qkl T05— — TOP-BANK/TOE-SLOPE LINE EXISTING PROPERTY, LINE EXISTING RIGHT OF WAY LINE PROPOSED R -0-W LINE -- — — - - EXISTING EASEMENT LINE — — ---- PROPOSED EASEMENT LINE PROPOSED T.C.E. LINE -�ros -- —TDB --- GRAPHIC SCALE 50 o 25 50 ( IN FEET ) I inch = 50 ft. AREA CALCULATIONS SQ. FT. ACRES TOTAL PROPOSED RIGHT OF WAY 8,843 0.20 APPARENT EXISTING RIGHT OF WAY 7,132 0.16 NEW PROPOSED RIGHT OF WAY 1,711 0.04 PROPOSED UTILITY EASEMENT 2.945 0.07 PROPOSED TEMP. CONSTRUCTION EASE. 372 0.01 L:\2006\0605-1200 FayAR Mount Comfort Road \Drawings\SUR\ACQUISITION\Dwg\FMC ._VROW 1 6_EX.dwg GARVER ENGINEERS 1088 EAST MILLSAP ROAD FAYETTEVILLE, ARKANSAS 72703 PHONE: (479) 527-9100 FAX: (479) 527-9101 www.gerverenalneers.com CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS MOUNT COMFORT.11 ROAD IMPROVEMENTS raye4. yyWe RIGHT-OF-WAY AND EASEMENT EXHIBIT "A" Job No. 0605-1200 Date: June 14, 2008 Sheet Number 16