HomeMy WebLinkAbout96-09 RESOLUTIONRESOLUTION NO. 96-09
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO
SEEK CONDEMNATION OF PROPERTY AT 70 NORTH
COLLEGE AVENUE OWNED BY OZARK THEATRE
LIMITED PARTNERSHIP
WHEREAS, the City of Fayetteville needs to acquire a permanent sidewalk easement
varying in width from 3.6 feet to 4.3 feet as well as a 10 foot temporary construction easement
(less and except the building footprint) along College Avenue at 70 North College to complete a
large portion of the College Avenue Improvement Project; and
WHEREAS, all necessary easements from Rock Street to Lafayette have been obtained
except for 70 N. College Avenue.
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 seek condemnation of the necessary easements along 70 N. College and do
all things necessary to obtain legal possession and ownership from Ozark Theatre Limite4,,,,n,,n
Partnership of those construction and permanent easements. .................
.4
•FAYETTEVILLE:
ATTEST: it t;; 9` • :�`
-
�V(5�.'QKANsp�.
By C By LI 1 ELD JO AN, Mayor SO RA E. ITH, City Cler r a urerJ
PASSED and APPROVED this 2141 day of April, 2009.
APPROVED:
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/21/2009
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Res
18-1 161-
°14-07
Ozark-
-Mutt LP
Cot (
Development Services
Department
Approval of a Resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned
by the Ozark Theatre Limited. Partnership, LLLP that are necessary for the College Avenue Improvements Project.
5,000.00
Cost of this request
4520.9520.5810.00
Account Number
06035.1900
Project Number
Budgeted Item
X
19,343,175.00
Category / Project Budget
4,852,531.57
Funds Used to Date
College Avenue (Rock to Maple)
Program Category / Project Name
Easements
Program / Project Category Name
14,490,643.43 2006A Sales Tax Construction
Remaining Balance Fund Name
Budget Adjustment Attached
Dep .% mentir
City rney
Ffriance and Internal Services Director
CA. 03 It
Date
63-0(
Date
4-3-2009
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Ma
Cpm
Date
Comments:
Revised January 15, 2009
City Council Meeting of April 21, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director, Development Services Department
CZ
From: Chris Brown, Interim City Engineer
Date: April 3, 2009
Subject: Approval of a Resolution authorizing the City Attorney to seek
condemnation and possession of certain lands owned by the Ozark Theatre Limited
Partnership, LLLP that are necessary for the College Avenue Improvements
Project.
RECOMMENDATION:
Staff recommends approval of a resolution authorizing the City Attomey to seek
possession by condemnation of a portion of the property owned by the Ozark Theatre
Limited Partnership, LLLP adjacent to College Avenue.
BACKGROUND:
The College Avenue Improvements Project is one of the projects currently under
construction from the Transportation Improvement Bond Program. The project includes
sidewalk replacement, tree and landscaping installation, decorative lighting, and
removal/reconfiguration of existing driveways to provide better access management and
increase safety.
Sidewalk and temporary construction easements are required from many property owners
on the College Avenue Improvements Project. City staff has acquired the necessary
easements for all of the properties along College Avenue from Rock Street north to
Lafayette with the exception of the property located at 70 N. College Avenue.
DISCUSSION:
Currently the Arkansas Highway and Transportation Division has approximately 55' of
highway right-of-way in this location for College Avenue. This right-of-way line is
located within 6' of a portion of the existing building on this property. The City of
Fayetteville is requesting a permanent sidewalk easement along the front of this property
that varies in width from 3.6' on one end to 4.3' on the other. A temporary construction
easement is also being requested that extends to the front of the existing building.
The existing concrete sidewalk extends from the back of the curb up to the front of the
building. The proposal includes removing the existing concrete and replacing it with a
1
City Council Meeting of April 21, 2009
new concrete and brick sidewalk with lighting and trees similar to the improvements on
other sections of the project.
The owners of this property are represented primarily by Gary Mansfield. Mr. Mansfield
has expressed concern regarding the proposed improvements and the impact to the
parking spaces on the subject property.
Historically, there were three parking spaces in front of the building that were accessed
directly off of College. These parking spaces were located partially within the existing
right-of-way for College Avenue. With the location of the existing right-of-way, there is
room for only one parking space parallel to College Avenue that would be fully outside
of the right-of-way. With the additional easement being requested and the proposed
sidewalk improvements, this parallel parking space would still be available.
City staff and administration have discussed this easement with Mr. Mansfield on many
occasions over the past several months with no agreement. Two letters, dated 11/6/08
and 12/16/08, were sent by former Mayor Dan Coody to Mr. Mansfield. These letters
provide details of a proposed settlement that was not accepted.
Mr. Mansfield is requesting a sum of $25,000 for a permanent easement that is only 398
sf and a temporary easement that is 782 sf. At this time, Staff can not recommend this
payment since it is many times more than the estimated value of the easements. An
appraisal will be done on the property to determine the actual land value.
BUDGET IMPACT:
This payment for land acquisition will be made from the Transportation Bond Fund. The
agenda item staff review form indicates $5,000 as the cost of this request. It should be
noted that this is an estimate based on an evaluation by a City Land Agent and that the
final cost is subject to negotiations with the property owner or by court order.
Attachments: Land Acquisition Exhibits
Land Agents Memo
Parcel Exhibit
Site Pictures
2
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY
TO SEEK CONDEMNATION OF PROPERTY AT 70 NORTH
COLLEGE AVENUE OWNED BY OZARK THEATRE
LIMITED PARTNERSHIP
WHEREAS, the City of Fayetteville needs to acquire a permanent sidewalk easement
varying in width from 3.6 feet to 4.3 feet as well as a 10 foot temporary construction easement
(less and except the building footprint) along College Avenue at 70 North College to complete a
large portion of the College Avenue Improvement Project; and
WHEREAS, all necessary easements from Rock Street to Lafayette have been obtained
except for 70 N. College Avenue.
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 seek condemnation of the necessary easements along 70 N. College and do
all things necessary to obtain legal possession and ownership from Ozark Theatre Limited
Partnership of those construction and permanent easements.
PASSED and APPROVED this 21st day of April, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
*tale
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
August 5, 2008
Ozark Theatre.LP, LLLP
932 N Garland Avenue
Fayetteville, AR 72701-1719
RE:
Dear Sir or Madam:
Project No. 06035-1930
College Avenue Improvements (Rock to Maple)
Tract No. 34
Informational Letter
As you may be aware, the City of Fayetteville is planning improvements to College Avenue, from Rock
Street to Maple Street. The project consists of removing and replacing all of the curbs and sidewalks adjacent to
College Avenue and adding trees, lighting, traffic light upgrades/replacement, access improvements, and a
complete overlay. The total number of lanes will not change, but the road will be widened in many areas to
provide a wider driving surface. The radius of some intersections will also increase allowing for easier turns. Any
temporary construction and grading easements will terminate when the project has been completed by the
contractor and accepted by the City of Fayetteville.
Included is a general map of the subject area, as well as a drawing of your specific property depicting
the anticipated areas required for the proposed easements. The temporary construction easement area will
exclude any permanent structure(s) which may be located or under construction within said temporary
construction easement area during the construction of this project.
Should you agree to these improvements to your property, the Easement contained herein should be
executed by all parties with current ownership interest in the particular property. The document should be
notarized and returned 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. A copy of the Easement is included for your
records. We can provide a copy of the recorded document upon your request.
Time is of the essence as construction has already begun, with project completion expected to be by
the end of 2008. Your prompt execution and return of documents is greatly appreciated.
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) 575-8206.
Sincerely,
Ronald S. Petrie
City Engineer
RSP/jsg
Enclosures
113 West Mountain 72701 479-575-8206
FAX 479-575-8202
College Avenue Improvements
Parcel No. 765-12710-001
Tract No. 34
EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Ozark Theatre Limited Partnership, LLLP, an Arkansas limited
liability limited partnership, 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, 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 and a temporary construction and grading easement to construct, maintain
repair and/or replace a sidewalk for public access and amenities, such as benches, -
planters, etc., together with all appurtenances thereto including lighting, on, over,
across, and through the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2005-00034285, Deed Bk. 1177/Pg. 286)
Units 1 2 3 7- 8 9, & 10, Greer Plaza Condominium to the City of Fayetteville, Arkansas, as set forth in Master
Deed to Greer Plaza Condominium Horizontal Property Regime, recorded in book 1177 at page 298, in the
records of Washington County, Arkansas.
A tract of land consisting of 0.48 acres more or less, lying within Section 15, Township 16 North, Range 30 West,
in the City of Fayetteville, Washington County, Arkansas, more particularly described as: A part of the SW% of
the NW'% of Section 15, T -16-N, R -30-W described as beginning at a point which is North 168 feet from the SW
Corner of said 40 acre tract; thence North 101 feet; thence East 155.5 feet thence along the existing building wall
South 45 feet thence East 90.3 feet thence along the existing building wall South 56 feet thence West 245.8
feet to the point of beginning. Said tract subject to a 30 foot road easement on the West side.
PERMANENT EASEMENT DESCRIPTION:
A permanent easement for a sidewalk, as built, across a part of Greer Plaza Condominium, being of variable
width tying parallel with and contiguous to the existing East College Avenue right-of-way line. This permanent
sidewalk easement will encompass only that portion of the sidewalk that will be constructed outside of the
existing College Avenue right-of-way and will begin at the Grantor's South property line and extend in a
Northerly direction 1010 feet, more or less to the Grantor's North property 1 ne. This permanent sidewalk
easement contains 398 square feet.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT:
A temporary construction easement ten (10) feet in width running parallel with and contiguous to the East side
of the above described permanent sidewalk easement. This temporary construction easement contains 1 010
square feet.
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 presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such sidewalks and
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 Grantor agrees not to erect any buildings or structures in said permanent easement.
The consideration first above recited as being paid to Grantors 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.
EASEMENT
Page 2 of 2
WITNESS the execution hereof on this the day of 2008.
BY:
ATTEST:
[Please print or type Name and Title]
Ozark Theatre Limited Partnership, LLLP
[Please pnnt 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 ,bmewet
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
andrespectively, of Ozark Theatre Limited Partnership, LLLP, an
Arkansas limited liability limited partnership, and are duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said partnership, 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
MY COMMISSION EXPIRES:
day of 2008.
Notary Public
PSE - 398 SQ. FT. (0.01 AC.)
TCE - 782 S0. FT. (0.02 AC.)
SIDEWALK EASEMENT MAP
EXHIBIT •A• SCALE' 1' = 50'
(NOT A SURVEY)
II
II
I -I
Ial
"I
APPARENT RIGHT OF WAY
COLLEGE AVENUE
10110'
PERMANENT
SIDEWALK
EASEMENT
3.8 t
4.3'1
e.
28.9 rIWEEM
9• 'N.
58.8'1
TEMPORARY
CONSTRUCTION EASEMENT OF
VARIABLE WIDTH EXTENDING
FROM EAST EDGE OF SIDEWALK
TO FACE OF BUILDING
TRACT
•
LEGEND
• Corners of Permanent
Sidewalk Easement
765-12710-001 - Tax Parcel Number
2005-34285-- Deed Record
e
f
Permanent Sidewalk Easement
Temporary Construction Easement
Existing Property Line
TCE — Temporary Construction Easement
City of
Fayetteville
Property Owner : Ozark Theatre Limited Partnership
Drawn by : McClelland Consulting Engineers
Date: April. 2009
Scale: 1'-50'
Project Name :
College Avenue Enhancement
No.
Revisions
Date
Project No. FY062191
Tract No. 34
Three existing parking spaces.
Concrete has been removed along
the existing right-of-way.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
MEMORANDUM
•
TO: Ron Petrie, City Engineer
FROM: Jill Goddard, Land Agent
DATE: February 26, 2009
SUBJECT: Ozark Theatre LP
College Avenue
The counter offer of $25,000 by the owner of the Ozark Theatre LP property on College Avenue seems
excessively high.
We are only asking for 398 square feet of permanent easement (approximately a 4 foot wide strip) and
1010 square feet of temporary construction easement (a 10 foot wide strip). Normally, we would offer
25% of fee simple for a PE and 10% of fee simple for the TCE.
The land value (only) amount as determined by Washington County Assessor's office for all the units
within the PUD owned by Ozark Theatre adds up to $112,500 for approximately 0.477 acre ($235,850/ac
or $5.41/sq. ft. fee simple value). Using our 25% and 10% values, PE = $540 and TCE = $550, for a total
of $1090.
If the owner were to look at the Assessor's values for land AND improvements, the total (for all 8 units)
would be $1,108,700 ($2,324,320/ac or $53.36/sq. ft. fee simple value). Using our 25% and 10% values,
PE = 55,310 and TCE = $5,390, for a total of $10,700. But that's high considering we are not harming any
improvements other than the 3 lost parking spaces.
To come up with an amount of $25,000 (using the 25% and 10% values), land value would have to be
$125/sq. ft. (PE = $12,440 and TCE = $12,625, for total of $25,065 — round it all down just a little to be
525,000 even). But $125/sq. ft. is more than twice his assessed value for land AND improvements and I
am not aware of any land values that high in the area
The owner may be looking at full fee simple for PE. If so, at $50/sq. ft full fee for PE and 10% for TCE, PE
= $19,900 and TCE = $5,050, for a total of $24,950. But that still seems really high for Just an easement.
None of this takes into consideration the 3 three lost parking spaces. I don't have a value for them.
I think a generous offer would be more like:
PE: 398 sq. ft. x $10/sq. ft. x 25% = $ 995
TCE: 1010 sq. ft. x$10/sq.ft. x10% 1010
Damages: $1000 for each lost parking space = 3000
TOTAL OFFER (rounded down) = $5000
WStIIe
THE CITY OF FAYETTEVILLE, ARKANSAS
November 6, 2008
Gary Mansfield
Ozark Theatre LP, LLLP
932 N. Garland Avenue
Fayetteville, AR 72701-1719
RE: College Avenue Enhancement Project (Rock to Maple)
Tract No. 34
Dear Gary:
We at the City of Fayetteville appreciate your willingness to continue to work toward a
solution that will help make this project reach its highest potential. Upon you signing the
attached easement document, the City of Fayetteville agrees to the following:
1 The City of Fayetteville will prepare the survey & documentation necessary for the
right-of-way vacation for N. Court Street and N. Brenda Drive located to the west of
Razorback Road and to the north of W. Center Street. The City Staff will support
this vacation to our fullest extent possible and have a favorable recommendation to
the City Planning Commission and the City Council. The City Staff will begin this
process immediately and will proceed as quickly as possible. Please note that current
city ordinances will require some of the lots to be combined in order to eliminate the
right-of-way.
2 If the vacation request is denied by the Fayetteville City Council, the City of
Fayetteville agrees to pay full price of the acquired easements based on the appraised
value of the property. The appraisal will be performed by a certified independent
appraisal company that is mutually agreed upon by the City and Ozark Theatre, LP.
For your convenience, a copy of the easement document and exhibit are attached to this
letter. If you are in agreement, please provide us a copy of the signed and notarized
document or the City will be pleased to witness and notarize the execution of the documents.
Again, we appreciate you taking the time to meet us on several occasions in order to reach a
settlement that will be acceptable to both parties. We look forward to hearing back from you
soon.
Sin
an oody,
Mayor
Via Fax: (305) 692-1952
113 WEST MOUNTAIN 72701 479-675-6330
FAX 479-675$257
College Avenue Improvements
Parcel No. 765-12710-001
Tract No. 34
EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Ozark Theatre Limited Partnership, LLLP, an Arkansas limited
liability limited partnership, 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, 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 and a temporary construction and grading easement to construct, maintain,
repair and/or replace a sidewalk for public access and amenities, such as benches,
planters, etc., together with all appurtenances thereto including lighting, on, over,
across, and through the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2005-00034285, Deed Bk. 1177/Pg. 286)
Units 1, 2, 3, 7, 8 9, & 10, Greer Plaza Condominium to the City of Fayetteville, Arkansas, as set forth in Master
Deed to Greer Plaza Condominium Horizontal Property Regime, recorded in book 1177 at page 298, in the
records of Washington County, Arkansas.
A tract of land consisting of 0.48 acres, more or less, lying within Section 15, Township 16 North, Range 30 West,
in the City of Fayetteville, Washington County, Arkansas, more particularly described as: A part of the SW% of
the NW Y. of Section 15, T -16-N, R -30-W described as beginning at a point which is North 168 feet from the SW
Corner of said 40 acre tract; thence North 101 feet; thence East 155.5 feet; thence along the existing building wall
South 45 feet; thence East 90.3 feet; thence along the existing building wall South 56 feet; thence West 245.8
feet to the point of beginning Said tract subject to a 30 foot road easement on the West side.
PERMANENT EASEMENT DESCRIPTION:
A permanent easement for a sidewalk, as built, across a part of Greer Plaza Condominium, being of variable
width lying parallel with and contiguous to the existing East College Avenue right-of-way line. This permanent
sidewalk easement will encompass only that portion of the sidewalk that will be constructed outside of the
existing College Avenue right-of-way and will begin at the Grantor's South property line and extend in a
Northerly direction 1010 feet, more or less, to the Grantor's North property line. This permanent sidewalk
easement contains 398 square feet.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT:
A temporary construction easement ten (10) feet in width running parallel with and contiguous to the East side
of the above described permanent sidewalk easement. This temporary construction easement contains 1,010
square feet.
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 presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such sidewalks and
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 Grantor agrees not to erect any buildings or structures in said permanent easement.
The consideration first above recited as being paid to Grantors 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.
EASEMENT
Page 2 of 2
WITNESS the execution hereof on this the day of 2008.
BY:
ATTEST:
[Please print or type Name and Title]
Ozark Theatre Limited Partnership, LLLP
[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 tomewd
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and , respectively, of Ozark Theatre Limited Partnership, LLLP, an
Arkansas limited liability limited partnership, and are duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said partnership, 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
MY COMMISSION EXPIRES -
day of 2008.
Notary Public
•
PSE - 398 SO. FT. (0.01 AC.)
TCE - 1010 S0. FT. (0.02 AC.)
SIDEWALK EASEMENT MAP D -EZ -D
EXHIBIT "A" SCALES 1' = 50'
(NOT A SURVEY)
II
II
IJI
I
I -.`JI
J L
APPARENT RIGHT OF WAY
COLLEGE AVENUE
•
PERMANENT
SIDEWALK
EASEMENT
3.6 t
101.0'
G '1414
4.3't
10 TEMPORARY
CONSTRUCTION
EASEMENT
101.0'
TRACT
i
LEGEND
Comers of Permanent- Wel.r-sem':>t.' 5,S Permanent Sidewalk Easement
Sidewalk Easement
765-12710-001 — Tax Parcel Number
(t) — Deed Record
T� -
Temporary Construction Easement
Existing Property Line
Temporary Construction Easement
City of
Fayetteville
Property Owner : Ozark Theatre LP, LLLP
Drawn by : McClelland Consulting Engineers
Date: Aug. 2008
Scale : 1" = 50'
Project Name :
College Avenue Enhancement
No.
Revisions
Date
Project, No. FY062191
Tract No. 34
Srettallle
TI4E CITY OF FAYETTEVILLE, ARKANSAS
December 16, 2008
Gary Mansfield
Ozark Theatre LP, LLLP
932 N. Garland Avenue
Fayetteville, AR 72701-1719
RE: College Avenue Enhancement Project (Rock to Maple)
Tract No. 34
Dear Gary:
We at the City of Fayetteville appreciate your willingness to continue to work toward a
solution that will help make this project reach its highest potential. Upon you signing the
attached easement document, the City of Fayetteville agrees to the following:
I The City of' Fayetteville will prepare the survey & documentation necessary for the right-
of-way vacation for N. Court Street and N. Brenda Drive located to the west of Razorback
Road and to the north of W. Center Street. The City Staff will support this vacation to our
fullest extent possible and have a favorable recommendation to the City Planning Commission
and the City Council. The City Staff will begin this process immediately upon your written
request and will proceed as quickly as possible. Please note that current city ordinances will
require some of the lots to be combined in order to eliminate the right-of-way.
2 If the vacation request is denied by the Fayetteville City Council, the City of Fayetteville
agrees to pay full price of the acquired easements based on the appraised value of the property.
The appraisal will be performed by a certified independent appraisal company that is mutually
agreed upon by the City and Ozark Theatre, LP. The appraisal will take into account the
highest best value of the property that will be encumbered with the easements.
3 The Property Owner has up to twenty four (24) months to make a decision on the
preferred option.
Again, we appreciate you taking the time to meet us on several occasions in order to reach a
settlement that will be acceptable to both parties. We look forward to hearing back from you
soon,
Si e'ely,
D'i Coody,
Mayor
Via Fax: (305) 692-1952
113 WEST MOUNTAIN 72701 479-575-8330
FAX 479.675-8257
Page 1 of 1
Clarice Pearman - Res. 96-09
From: Clarice Pearman
To: Brown, Chris
Date: 4.27.09 5:51 PM
Subject: Res. 96-09
CC: Audit
Attachments: 96-09 Ozark Theatre LP Condemnation.pdf
Chris:
Attached is a copy of your agenda item passed by the City Council regarding the condemnation of Ozark Theatre
property. Please let me know if there is anything else needed for this item. Have a good day!
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerklfreasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearmanno.ci.fayettevi Ile.ar. us
file://C:\Documents and Settings\cpearman\Local Settings\Temp\XPgrpwise\49F5F09CFA... 4/27/2009