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Home My WebLink About78-09 RESOLUTIONRESOLUTION NO. 78-09 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE PATRICK J. TOBIN REVOCABLE LIVING TRUST NEEDED FOR THE RUPPLE ROAD PROJECT. WHEREAS, the City of Fayetteville and the Patrick J. Tobin Revocable Living Trust have been unable to agree on a fair price for the property owned by the Patrick J. Tobin Revocable Living Trust that is needed for rights-of-way and a general utility easement across a portion of Parcel No.765-16232-000, and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Rupple 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. 765-16232-000 and owned by the Patrick J. Tobin Revocable Living Trust that is needed for rights-of-way and a general utility easement for improvements to Rupple Road, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ELD JO c %AN, Mayor ATTEST• ptsaurnrrrq mss•<RK/TR�'%.. A. a G\AY pe.G�.� =� to • .-pt. FAYETTEVILLE: 4„ .%77.°9RkANSPS Jam' y;luroNtr�°'� By: ��el�.a 1 C� ,, SONDRA E SMITH, City Clerk/Treasurer Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/7/2009 City Council Meeting Date Agenda Items Only Engineering Division Action Required: ees 440105 7s-- 09. pxd ali Development Services Department Approval of a Resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the Patrick J. Tobin Revocable Living Trust that are necessary for the Rupple Road Project. 20,000.00 Cost of this request 4470.9470.5805.00 Account Number 06008.30 Project Number Budgeted Item X 500,000.00 Category / Project Budget 4,000.00 Funds Used to Date $ 496,000.00 Remaining Balance Budget Adjustment Attached Rupple Rd (Wedington to Mt Comfort) Program Category / Project Name Land Acquisition Program / Project Category Name Sales Tax Capital Improvements Fund Name 0. . 3 -ZS -u7 Finance and Internal Services Director Date ate 4421051, Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Comments: Revised January 15, 2009 City Council Meeting of April 7, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director, Development Services Department From: Chris Brown, Interim City Engineer Date: March 19, 2009 Subject: Approval of a Resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the Patrick J. Tobin Revocable Living Trust that are necessary for the Rupple Road Widening 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 Patrick J. Tobin Revocable Living Trust adjacent to Rupple Road. 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: The owners of this property are represented by Patrick Tobin. The original offer letter dated February 27, 2008 to Mr. Tobin was $10,140.00 for approximately 1,307 sq. ft. rights-of-way and 3,049 sq. ft. of general utility easement. After various discussions and meetings with Mr. Tobin, Mr. Tobin presented a verbal counter offer of $20,000.00 to Ron Petrie, City Engineer. The City opted to accept this amount to allow the project to proceed, and a final offer letter dated November 4, 2008 for $20,000.00 was sent to Mr. Tobin for signature. 1 City Council Meeting of April 7, 2009 On March 5, Mr. Tobin verbally conveyed to staff that he wanted more money ($30,000) for the acquisitions. Staff is in the process of ordering an appraisal and is confident that the appraised value will be less than the existing offer amount of $20,000.00. BUDGET IMPACT: This payment for land acquisition will be made from the project budget of $500,000 allocated for the Rupple Road Widening Project which is funded by the Sales Tax Capital Improvements fund. The agenda item staff review form indicates $20,000.00 as the cost of this request. It should be noted that this is an estimate and that the final cost is subject to negotiations with the property owner or by court order. Once the City receives a property appraisal, it is anticipated that the appraised value will be deposited into the Registry of the Circuit Court as just compensation. Attachments: Land Acquisition Exhibits 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE PATRICK J. TOBIN REVOCABLE LIVING TRUST NEEDED FOR THE RUPPLE ROAD PROJECT. WHEREAS, the City of Fayetteville and the Patrick J. Tobin Revocable Living Trust have been unable to agree on a fair price for the property owned by the Patrick J. Tobin Revocable Living Trust that is needed for rights-of-way and a general utility easement across a portion of Parcel No.765-16232-000, and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Rupple Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court ordered possession of property located on Parcel No. 765-16232-000 and owned by the Patrick J Tobin Revocable Living Trust that is needed for rights-of-way and a general utility easement for improvements to Rupple Road, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST. By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer [ LLJ 4 I Do CJ 4n a- ww CC 0- S 89°52'00" E 373.10' tO 0 CO CV (�14-1 «.A_„ \17— 7) )0LO taUJCD `MIR.00S 13»x,_ «m,A_ON ao�a3d,dan CD LJ CO LLI § to -441 414 ) IC 2 1 N 89°52'00' W 373.10' WEDINGTON DRIVE 0C^ _gags� LJJ CO LJ CC | a [ ■ a SCNI t § ) Lad 8 CC 2 §k Eid 2< ( ;\ <0 ;) tn }\ \ §$CD cc - e:§ CO ul ei ®( 1 UM OWN NO OINA CD40i 14.1 10.0 VVOL 'AB 0311011 0 0 .12 -00 3- S 89°52'00" E 0 co Ct I Ott )2 to 0 La Pt- Li .00 r». _ S \ COco z 7\ (k0 LW \\\ 6\��013 3,100.00 \�. #19Z3.00,00.00 N avowdo {>\, §\)} ir Ls L3 J /_ CO WEDINGTON DRIVE Lo CO ( ; a ( ■ a ( Co t ; \ ) \ tti to ttc ttn EN § tct CC 0 ( Surveyors co 0 CNI et it ED VAI WC =MOO 110341 MAIO ITO ICIZIS 3.0 310111 OMOY CLOS 311 MI 3123NINIIISZOSIOVO\ 43 Stamm Clarice Pearman - Res. 78-09 & 79-09 From: To: Date: Subject: CC: Attachments: Clarice Pearman Brown, Chris 4.13.09 4:55 PM Res. 78-09 & 79-09 Audit Audit Page 1 of 1 Chris; Attached are copies of your agenda items passed by City Council regarding Tobin condemnations. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville. ar.us file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E36E71 FA... 4.13.09 sik • c, 1 I I I 1 I 1 I 1 I 1 I 1 1 1 1 1 1 1 1 1 ,• 0 1 • a Amok 1 i 1 0 cr 1 1 WEDINGTON DRIVE 1 1 1 1 TOBIN PROPERTY VICINITY MAP 11. • Ir 11 1