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Home My WebLink About79-09 RESOLUTIONRESOLUTION NO. 79-09 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 TOWNSHIP STREET WIDENING PROJECT. WHEREAS, the City of Fayetteville and the Patrick J. Tobin Revocable Living Trust have been unable to agree on a fair price for a portion of the property owned by the Patrick J. Tobin Revocable Living Trust that is needed for right-of-way and easements across a portion of Parcel Nos. 765-16031-000 & 765- 16032-000; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Township Street. 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 a portion of Parcel Nos. 765-16031-000 & 765-16032-000 and owned by the Patrick J. Tobin Revocable Living Trust that is needed for right-of-way and easements for improvements to Township Street, and to pay into the Registry of the Circuit Court lust compensation therefor. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ByfL;i. //A • ELD J V?i AN, Mayor ATTEST: By: iontfarrolet 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: 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 Township Street Widening Project. 25,000.00 Cost of this request 4470.9470.5805.00 Account Number 04017.30 Project Number Budgeted Item Dep X r 2,080,000.00 Category / Project Budget 243,111.00 Funds Used to Date 1,836,889.00 Remaining Balance Budget Adjustment Attached (,) City Attorney LPQ..i a . 0.12.01 Date 2T ipet Date 3-2,5.67 Finance and Internal Services Director C ie f9taff Date / at O Dat Date Township St (Gregg to N College) Program Category / Project Name Land Acquisition Program / Project Category Name Sales Tax Capital Improvements Fund Name 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 Apnl 7, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director, Development Services Departments �Q From: Chris Brown, Interim City Engineer Date: March 19, 2009 0 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 Township Street 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 Township Street. BACKGROUND: The Township Street Widening Project is one of the projects to be constructed under the Transportation Capital Improvements Program. This project consists of reconstructing & widening approximately 2100 linear feet of Township Street to 3 lanes from Gregg Avenue to N. College Ave. (Hwy 71 B), the installation of an underground storm drainage system including a double 10'x8' reinforced concrete box culvert, the construction of 6 foot sidewalks on both sides of the roadway, and the installation of an 8" waterline on the north side as approved by the City Council and Street Committee. Right of way and/or easements are required from 14 property owners on the Township Street Widening Project. City staff has acquired the necessary easements and rights-of-way from 12 of the 14 owners with a verbal agreement on the 13`h property which is just a very small temporary construction easement adjacent to a side ditch. The Tobin property is the only remaining property of significance to acquire for this project. DISCUSSION: The owners of this property are represented primarily by Patrick Tobin with participation from his wife Darlene. Mr. Tobin has expressed many concerns regarding the road widening project and is not willing to sign the acquisition documents due to these concerns. 1 City Council Meeting of April 7, 2009 Since the edge of the existing roadway does not have any controls such as curb & gutter, vehicles can access the buildings from any point along Township Street and park wherever they choose with some parking occurring regularly in the City's rights-of-way. Staff has presented Mr. Tobin with several alternate plans to accommodate parking after the widening. Staff recommends a plan with diagonal parking and 2 driveways (1 shared with adjacent property owner) as the safest plan with the best ease of accessing the proposed parking stalls. Mr. Tobin also objects to the requested drainage easement and the general utility easement. Staff has met with Mr. Tobin several times to negotiate the monetary compensation, the parking layout, the number of driveways, the drainage easement, the shared driveway, the relocation of electric poles, constructing portions of a new concrete parking area, etc. without any indication. that an agreement can be achieved. BUDGET IMPACT: This payment for land acquisition will be made from the project budget of $2,080,000 allocated for the Township Street Widening Project which is funded by the Sales Tax Capital Improvements fund. The agenda item staff review form indicates $25,000 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. It is anticipated that the appraised value of $14,000 (subject to an updated appraisal) will be deposited into the Registry of the Circuit Court as just compensation. Attachments: Land Acquisition Exhibits Proposed Parking Plan 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 TOWNSHIP STREET WIDENING PROJECT. WHEREAS, the City of Fayetteville and the Patrick J. Tobin Revocable Living Trust have been unable to agree on a fair price for a portion of the property owned by the Patrick J. Tobin Revocable Living Trust that is needed for right-of-way and easements across a portion of Parcel Nos. 765-16031-000 & 765- 16032-000; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin work on improvements to Township Street. 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 a portion of Parcel Nos. 765-16031-000 & 765-16032-000 and owned by the Patrick J. Tobin Revocable Living Trust that is needed for right-of-way and easements for improvements to Township Street, 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 AO) tie lir c40". let 00\ 0P Q P6 cI 1 r 40' EXISTING R/W PER DEED BK. 972, PG 465 PROPOSED R/W 1,711 S.F. •go GREEN ACRES RD 10' GENERAL UTILITY EASEMENT 503'00'00"W c1.72' 00o est\'E (o a OP -1(17 .cesce,roe I 0,00,E 5 � 0407-`yt NO3R00'00' E 'be E�� 12.70' ED. CORNeR ]4 17 !G • Scale: I"=50' LEGEND FOUND STATE MONUMENT PROP. RIGHT-OF-WAY PROP. DRAINAGE EASEMENT EXHIBIT "A" APR. 2007 FEB. 2009: Revised D.E. LAND ACQUISITION AND EASEMENTS FOR PATRICK it DARLENE TOBIN PROPOSED TEMPORARY 1 -- CONSTRUCTION CONSTRUCTION EASEMENT FOR T < P ENTERPRISES moo 1200 L.F. Ora)?; 0 vont RPF'\y�9 'I -ekot 1 36' 03'00'00'N 30.00' 36' r -- O (N o;0 o n v'0 z z 30.00' NO3'00'00"E 0 a NO3'00 TEMPORARY CONSTRUCTION EASEMENT E I I 89.52' 5W CORNER 35-17-30 Scale: I"=30' w gm LEGEND • FOUND STATE MONUMENT PROP. TEMPORARY CONSTRUCTION EASEMENT EX-IIBIT IIA" SEPT. 2006 MAR. 2009: Revised Easement TEMPORARY CONSTRUCTION EASEMENT FOR PATRICK $ DARLENE TOBIN <1 -ri 4 1 tee cet LiJ LU cr 0 P P O 1— 4Patit co' CIIN b r sc Ii ari 1tf-'« �.. l I 7 0 „4 s n.� Scale: 1"=50' folt.4 ` i 46 GREEN ACRES RD • 1 TOBIN PROPERTY VINCINITY MAP %I i �---{ J i'L \—b _ . Y �(�—I Lol/ iws* � l o i �\ J I. o / A1 '1 o0 \ I Cgilt1 \ \\elm/ r r V� tir » 1 1 � I #� FNir.— I I ``�-, } ;ce!,:.iri -- F o 0 PARI IN PRC IV 1', Iw11�/. 4. Pt 0 I , m ►'♦ __ ►: ,. { I to -rm., '� ° \to 1 I i ---_. .23 �! I ;l u 1. 8 \� -'� i �_ . 'Id� s ;til w �. ll 7 1 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_favetteville. ar. us file;//C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E36E71 FA... 4.13.09