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Home My WebLink About193-10 RESOLUTIONRESOLUTION NO. 193-10 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE SALMON FAMILY TRUST, JOHN A. AND LINDA L. DOMINICK, MURPHY R. AND BETTY N. TAYLOR, JOHN DAVID BROWN, DOUG W. AND MELONIE RAMSEY, DANIEL J. AND DEBORAH JO WRIGHT AND JOHN R. AND REBECCA ANN RUTLEDGE NEEDED FOR WATER AND SEWER IMPROVEMENTS ALONG CROSSOVER ROAD (STATE HIGHWAY 265) WHEREAS, the City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for easements to facilitate water and sewer improvements, and WHEREAS, the City of Fayetteville needs to gain possession of these property promptly to begin work on water and sewer improvements along Crossover Road (State Highway 265). 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 Nos. 765-04570-000 and 765-04569-000 and owned by The Salmon Family Trust that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 2. 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. 765-04565-000 and owned by John A. and Linda L. Dominick that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 3. 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. 765-13305-000 and owned by Murphy R. and Betty N. Taylor that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 4. 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. 765-13295-000 and owned by John David Brown that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Page 2 Resolution No. 193-10 Section 5. 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. 765-21514-000 and owned by Doug W. and Melonie Ramsey that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 6. 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. 765-13276-000 and owned by Daniel J. and Deborah Jo Wright that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 7. 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. 765-13249-070 and owned by John R. and Rebecca Ann Rutledge that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 2nd day of November, 2010. APPROVED: ATTEST: PDRDRA E. SMITH, City Clerk/Treasurer By: fi nd,., . ova FkWTR Q °G\1 Y o;('� Fa ®U® -A f.; : FAYETTEVILLE ® g° m David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/2/2010 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands necessary for the Highway 265 Water/Sewer Relocations. 56,810.00 Cost of this request 5400.5640.5310.00 Account Number 09018.0903 Project Number 5,953,301.00 Category / Project Budget 727,307.81 W&S Relocations - 2009 Bond Proceeds Program Category / Project Name Water & Wastewater Funds Used to Date Program / Project Category Name 5,225,993.19 Water & Sewer Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached Departm;y ecto 5fIN° Ci orney ck_ Finance and Internal Services Director Chief of S aff or Date to -1-(o Date 16 -I.ge2o25- Date /a -t -/6 Date OM) Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 10-15-1 0P03:59 R C V D Clerk's Office I<'l A lYY\ ( f Comments: Revised January 15, 2009 av'�e eville CITY COUNCIL AGENDA MEMO MEETING DATE OF NOVEMBER 2, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Co t Date: October 15, 2010 Subject: Approval of a resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Highway 265 (Crossover Road) RECOMMENDATION Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Highway 265 (Crossover Road). The properties are owned by the individuals and/or organizations listed on the attached pages. BACKGROUND The Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 265 (Crossover Road) from Mission Boulevard north to Joyce Boulevard. Due to AHTD's acquisition of additional right-of-way to widen the road, utility lines must be relocated outside of the expanded right-of-way. All proposed utility easements are adjacent to the new highway right-of-way and/or existing utility easements. DISCUSSION City of Fayetteville staff has been negotiating with land owners; easements have been acquired from 18 of 27 owners. The remaining owners have expressed various concerns and have refused thus far to sign easement documents. Owners of these remaining tracts are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Although negotiations are still underway with several of the owners, the timing is such that we must proceed with the condemnation process in order to advertise the project. Details are below. Tract # Property Owner Parcel # Perm Easmt (ft2) Temp Easmt(ft2) PE TCE Total 2 Salmon Family Trust 765-04570-000 765-04569-000 9322 5910 $ 4,665.00 $ 1,185.00 $ 5,850.00 6 John A. & Linda L. Dominick 765-04565-000 3603 1987 $ 1,800.00 $ 400.00 $ 2,200.00 7 J. Andrew & Rebecca Baxter 765-25909-000 4760 5415 $ 505.00 $ 505.00 8 Murphy R. & Betty N. Taylor 765-13305-000 6980 3365 $ 6,110.00 $ 1,180.00 $ 7,290.00 10 John David Brown 765-13295-000 22883 9603 $17,165.00 $ 2,880.00 $20,045.00 12 Doug W. & Melonie Ramsey 765-21514-000 1408 1130 $ 1,760.00 $ 565.00 $ 2,325.00 13 21 Corey E. & Amanda Osborne Daniel J. & Deborah Jo Wright 765-21515-000 2573 4229 $ 3,220.00 $ 9,830.00 $ 2,115.00 $ 2,455.00 $ 5,335.00 765-13276-000 13102 8185 $12,285.00 26 John R. & Rebecca Ann Rutledge 765-13249-070 1092 1156 $ 685.00 $ 290.00 $ 975.00 Totals 65,723 40,980 $45,740.00 $11,070.00 $ 56,810.00 BUDGET IMPACT The payment for land acquisition will be made from the Highway 265 Water/Sewer Relocations project budget. This is an estimate; the final cost is subject to negotiation with the property owners or by court order. It is anticipated that the appraised value will be deposited into the Registry of the Circuit Court as just compensation. Attachments: List of Potential Condemnations Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE SALMON FAMILY TRUST, JOHN A. AND LINDA L. DOMINICK, MURPHY R. AND BETTY N. TAYLOR, JOHN DAVID BROWN, DOUG W. AND MELONIE RAMSEY, DANIEL J. AND DEBORAH JO WRIGHT AND JOHN R. AND REBECCA ANN RUTLEDGE NEEDED FOR WATER AND SEWER IMPROVEMENTS ALONG CROSSOVER ROAD (STATE HIGHWAY 265) WHEREAS, the. City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for easements to facilitate water and sewer improvements, and WHEREAS, the City of Fayetteville needs to gain possession of these property promptly to begin work on water and sewer improvements along Crossover Road (State Highway 265). 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 Nos. 765-04570-000 and 765-04569-000 and owned by The Salmon Family Trust that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 2. 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. 765-04565-000 and owned by John A. and Linda L. Dominick that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 3. 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. 765-13305-000 and owned by Murphy R. and Betty N. Taylor that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 4. 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. 765-13295-000 and owned by John David Brown that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 5. 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. 765-21514-000 and owned by Doug W. and Melonie Ramsey that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 6. 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. 765-13276-000 and owned by Daniel J. and Deborah Jo Wright that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 7. 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. 765-13249-070 and owned by John R. and Rebecca Ann Rutledge that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 2nd day of November, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer LAND AGENTS' CASE HISTORY Salmon Family Trust Tract 2 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. June 2010 Brief call from Mrs. Salmon to HJ to acknowledge receipt and that they would call back with comments and concerns. 8/2/2010 Notification letter sent stating that they would be informed of the actual date all unsettled properties would go to City Council. 10/4/2010 Notification letter mailed. 10/7/2010 Mr. Salmon called and told HJ that they have settled with AHTD and will send in counter offer based on that settlement. 10/13/2010 Counter offer letter received. Settled with AHTD at $3.00/sf (original offer at $2.00/sf) fee simple. We will make a counter offer based on that amount. PUE — 9,322 SQ. FT. (0.21 AC.) TCE — 5,910 SQ. FT. (0.14 AC.) -L.COR/W -- COPPER PPER OAKS PLAZA EAST OAKS PHASE 1 f LOT 2 KANTZ PLACE SUBDIVISION BLOCK 1 RAr - UTILITY EASEMENT PLAT TRACT MAP NO. 2 EXHIBIT "A" 1111 1111 LOT 2 LOT 1 S87°17'39'E KANTZ DRIVE 1324.56' R/P1— NESE 2-16-30 LOT 2 THIS UTILITY EASEMENT ACQUISTION WILL RESULT IN AN OVERALL 40 FOOT WIDE EASEMENT CONTIGUOUS TO THE EAST R/W LINE OF ARKANSAS 265 1 I 11 1 11 1 0 I I3 cCt . : I , NI 1I() I zI s IZ 1 c I I i ;f IR! e, ; S87.15'14'E >,i� 23,00' !— •t— 20' UE TRACT LOT 2 :i LJ Co t") in in • H SCALD 1' = 100' 2 S87'15'14'E 655.49' LOT 3 BLOCK 2 --iz ________________ TRACT 1 1 W f f !, j Li a r, r of o t ur I zoo t ,— z i 1 1 1 Q i f LEGEND Permanent Utility Easement • — Corner of Permanent Utility Easement 765-04569-000 & 765-04570-000 — Tax Parcel Numbers 9518550-51 — Deed Record ■ LOT • •-.1 4 :.I :1 25' UE — — — — — S87'24'12'E - 1317,96' Quarter Section Line CROSSROADS EAST SUBDIVISION N87.24'12'W 34.60' SW CORNER FRL NW1/4 SECTION 1 T -16-N, R -30-W TRACT PUE — TCE — NWSW 1-16-30 Basis of Bearings: Based on the AHTD Job 040517 Coordinate System Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Salmon Family Trust Drawn by : McClelland Consulting Engineers Date: Feb. 2010 Scale : 1" = 100' Project Name : Ar Hwy 265 W/S Line Relocation No. Revisions Dote Project No. 082146 Tract No. 2 AHTD Tract No. 11 LAND AGENTS' CASE HISTORY John A. & Linda L. Dominick Tract 6 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/11/2010 HJ met with next door neighbor Lorimer and Dr. Dominick was present, also. Dominicks apparently in conflict with AHTD over trees. 8/2/2010 Notification letter sent. 8/6/2010 Attorney Chuck Trantham called and left nasty message about discussing condemnation. HJ called back and left message. Sept 2010 HJ called and asked Trantham to please look at Dominick's easement and submit counter offer ASAP as time was running out. 10/4/2010 Notification letter mailed. Basis of Bearings: Based on the AHTD Job 040517 Coordinate System EAST OAKS DRIVE SCALE, 1' = 60' EAST OAKS SUBD. PHASE I 50' UE R/W GOLDEN OAKS DRIVE R/W ARK HWY 265 UTIUTY EASEMENT PLAT TRACT MAP NO. 6 EXHIBIT "A" PUE - 3,603 SQ. FT. (0.08 AC.) TCE - 1,987 SQ. FT. (0.05 AC.) LOT 1 �r / TRACT S87.15'40'E LLJ._.__. I73.54' 20' UE (u 1 Z 1 1 i 1 N86'16'05'E 21.00' Lit ini ;r w! :-• CO Zi REPLAT OF LOTS 1 & 2 OF BLOCK 1 OF CROSSROADS EAST SUBDIVISION LOT 2 S87.15'40'E - 665.48' S86'16'05'W — 174.52' 25' UE Li_ i i�40' UE IN87.16'16'W La I ' 1 1 18.24' - �, I I . f q1 (-31--.1-(1_,..4 4 1 LOT (-511 1 I 1 € q. I I I t I a i TRACT S87'16'16'E - 665.48' LOT 3 LEGEND Permanent Utility Easement • Corner of Permanent Utility Easement 765-04565-000 — Tax Porcel Number 92-47723 — Deed Record TRACT 0 e THE NORTH/SOUTH PART OF THIS UTILITY EASEMENT ACQUISTION WILL RESULT IN AN OVERALL 40 FOOT WIDE EASEMENT CONTIGU❑US TO THE EAST RIGHT OF WAY LINE OF ARKANSAS 265 PUE — TCE — Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : John & Linda Dominick Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: Feb. 2010 Scale : 1" = 60' No. Revisions Date Project No. 082146 Tract No. 6 AHTD Tract No. 15 LAND AGENTS' CASE HISTORY J. Andrew & Rebecca Baxter Tract 7 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/25/2010 Sue Jones, representative for Baxters called to discuss easement area. Wants easement and waterline staked for Baxters to view on Sat. (May 29). Will call back after weekend. 5/26/2010 Easement staked per Robert White, McClelland Engineers 6/9/2010 HJ met with Rebecca Baxter on site. Mrs. Baxter asked if the waterline could be re-routed. 6/25/2010 Revised exhibit received. Waterline was re-routed to be on west side of wall. This revision greatly reduced proposed easement and, in turn, reduced damage to property. 7/2/2010 Revised offer and easement document mailed. 7/12/2010 E-mail from Rebecca Baxter saying the new offer is "ridiculous". 10/4/2010 Notification letter mailed. 10/13/2010 Rebecca Baxter called. Says she is ready to sign but can't find paperwork. New packet mailed to Bella Vista address. PUE - 670 SQ. FT. (0.02 AC.) TCE - None Basis of Bearings: Based on the AHTO Job 040517 Coordinate System TOWNSHIP ROAD S87.33'25'E - 599.59' R/W- -- EAST OAKSI SUBD. PHASE I UTILITY EASEMENT PLAT TRACT MAP NO. 7 EXHIBIT "A" I \� 1 I b I- NENLARGED \ AREA S87.48'04'E EAST OAKS DR. SEE NOTE N87.15'40'4/ 1.79' Existing —� 2' Sq. Column ENLARGED AREA TRACT NW CORNER FRL NWI/4 SECTION 1 T -16-N. R -30-W SCALE] 1' = 100' — --R/W S87.48'04'E - 23.03' S87°33'25'E - 719.56' 25 ;ET-R/W `I Ex. 12' Watt 2°` fb LOT 1 la cO M (U N / Existing � - 2' Sq. Columns N87.15'40'W I 1.79' 20UE 10 UE PUE.____•._— .--. 25' UE r -- •r— r t TRACT TRACT LOT 2 S87.48'04'E LOT 3 REPLAT OF LOTS 1 & 2 OF BLOCK 1 OF CROSSROADS EAST SUBDIVISION S87.15'40'E - 665.48' LOT 3 NOTE (A) PUE LINE EXTENDS ALONG THE WEST EDGE OF THE EXISTING 12" BLOCK & BRICK WALL r r 1 m 1 1 CROSSROADS EAST a ; ; SUBDIVISION BLOCK 1 LEGEN D Permanent Utility Easement • — Corner of Permanent Utility Easement 765-25909-000 — Tax Parcel Number 2009-17062 — Deed Record PUE — TCE — LOT 4 TRACT Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Deportment Property Owner : J. Andrew & Rebecca Baxter Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Dote: June 2010 Scale : 1" = 100' No. Revisions Dote Project No. 082146 Tract No. 7 AHTD Tract No. 16 LAND AGENTS' CASE HISTORY Murphy R. & Betty N. Taylor Tract 8 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/13.0/2010 KW spoke to Mrs. Taylor. Attorney is Tim Brooks. 5/17/2010 KW left message that staking to be done this week. 5/21/2010 KW met Murphy while at Joneses (Tract 9). Took photos. 5/24/2010 KW left message for Mr. Brooks to try to set meeting. 6/1/2010 KW, DJ, Taylors, & Brooks met on site. Mr. Brooks will submit letter with landscaping concerns. 6/7/2010 Letter from Mr. Brooks itemizing trees and requesting compensation for lost trees. 6/16/2010 KW measured trees on site to compare to Brooks' tally. Mrs. Taylor says "no way" to TCE. 6/22/2010 KW had call from Mrs. Taylor. She sent arborist's report to Mr. Brooks, and requested fence along Hwy 265 and "maintenance free landscaping". 6/29/2010 KW requested copy of arborist's report from Mr. Brooks. 7/15/2010 KW left message with Brooks' office requesting report. 7/23/2010 KW left message with Brooks' office requesting report. 7/26/2010 KW left message with Brooks' office requesting report. 7/26/2010 KW e-mailed Lynn Hyke (filling in for DJ) sending revising offer letter with landscaping compensation for signature. Added $6,200 for landscaping (for those within permanent easement). Total now $13,490.00. 7/27/2010 7/28/2010 Counter offer mailed. Received faxed copy of arborist's reports. SCALEt 1' = 100' Basis of Bearings: Based on the AHTD Job 040517 Coordinate System St. John's Lutheran Church TRACT SW CORNER SW1/4, SW1/4 SECTION 31 T -17-N, R -29-W / / /r / /r / / / UTILITY EASEMENT PLAT TRACT MAP NO. 8 EXHIBIT "A" a" iii I 'moi , 7 N' I � s C7 S88'37'07'E 30.00' Z- PUE - 6,980 SQ. FT. (0.16 AC.) TCE - 3,365 SQ. FT. (0.08 AC.) LOT 2 LYNNWOOD ESTATES SUBDIVISION SWSW 31-17-29 R/W— TOWNSHIP ROAD Section Line EAST OAKS SUBD. PHASE I ti15. N85°47'13'4/ 238.30' -r N85'47'13'4/ - 10.00' Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13305-000 — Tax Parcel Number 2008-11669 — Deed Record S87'33'25'E - 719.56' — — 2V UE NW CORNER FRL NW1/4 SECTION 1 T -16-N, R -30-W LOT / TRACT 2 0 PUE — TCE — -R/PT —R/W--.— S87'48'04'E LOT 3 LOT 4 REPLAT OF LOTS 1 & 2 OF BLOCK 1 OF CROSSROADS EAST SUBDIVISION Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Murphy & Betty Taylor Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Dote: Feb. 2010 Scale : 1" = 100' No. Revisions Date Project No. 082146 Tract No. 8 AHTD Tract No. 18 LAND AGENTS' CASE HISTORY John David Brown Tract 10 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/10/2010 Mr. Brown came in. He is being condemned by AHTD. AHTD taking nearly half his property in ROW. The City's PE goes up to the front door of both houses (his and father's on same property). He feels as if he is going to have to move, but is not getting enough to do so. Won't be able to sell property, and will be hard to rent. Has a conditional use permit for business. 5/11/2010 E-mail exchange between JSG, DJ & McClelland. Large maple trees in ROW. Mr. Brown set to get sewer tap for both houses (although he would prefer to stay on septic)—tap will be there for future use. 5/12/2010 Mr. Brown came in and dropped off his CUP, sewer tap, drawing, etc. Neighbors to the south crossed his property with sewer line and apparently got him to help foot bill, although he didn't get tap and didn't hook on. 8/2/2010 Notification letter sent. Aug. 2010 DJ verbally said that Mr. Brown was to work up counter offer. 10/4/2010 Notification letter mailed. 10/6/2010 KW met with Mr. Brown. There are 3 septic tanks on property, one in the front (in the way), one in the pasture (maybe), one in back (out of the way). Mr. Brown wants commercial value. 10/7/2010 KW worked up some possible counter offer amounts. We can't justify paying commercial rates because it's not zoned commercial. Original offer based on $3.00/sf, but would consider something between $5.00/sf (same as Candlewood to the north) up to $7.50/sf (half of Klinger's commercial rate). Must have response from DJ on this and septic tanks before further contact. PUE - 22.883 SQ. FT. (0.53 AC.) TCE - 9.603 SQ. FT. (0.22 AC.) LOT 53 UTILITY EASEMENT PLAT TRACT MAP NO. 10 EXHIBIT "A" LOT I 54 TRACT N CEDARWOOD ADDITION SCALE! 1' = 130' PHASE I Basis of Bearings: Based on the AHTD LOT Job 040517 Coordinate System 56 First Free Will Baptist Church POD S87'33'22'E - 596.72' 40 Acre Line SW CORNER NW1/4, SW1/4 SECTION 31 T -17-N, R -29-W 1 t CANDLEWOOD t SUBDIVISION �o . v°CO Uj W �- USI el' LOT • `°r, 17 • (1 0 >_ " — 15'UE S87.33'22'E -% 7,00' U, Ow" 000 SNE R� SWSW 31-17-29 D 0 N (() r S87'33'22'E 724.70' NWSW 31-17-29 SE CORNER NW1/4, SW1/4 SECTION 31 T -17-N, R -29-W TRACT TRACT GLENWOOD ADDITION i s7A44462 ..I Si a, k 38 LEGEND �M ai Permanent Utility Easement • Corner of Permanent Utility Easement 765-13295-000 — Tax Parcel Number 749-101 — Deed Book & Page 1 3 X LOT 6 LYNNWOOD ESTATES SUBDIVISION sysW 31-17-29 Temporary Construction Easement Existing Utility Easement Line PUE — Permanent Utility Easement TCE — Temporary Construction Easement CITY OF FA YETTEVILLE Water & Sewer Deportment Property Owner : John David Brown Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: Feb. 2010 Scale : 1" = 130' No. Revisions Date Project No. 082146 Tract No. 10 AHTD Tract No. 20 LAND AGENTS' CASE HISTORY Doug W. & Melonie Ramsey Tract 12 Hwy 265 Water/Sewer Relocations 5/7/2010 5/11/2010 5/21/2010 5/23/2010 7/14/2010 7/15/2010 8/20/2010 10/4/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. Doug Ramsey called. Numerous concerns. Meeting set for May 21. HJ meet with Doug Ramsey. Need temporary fencing for dog. E-mail regarding Candlewood entrance from Eva Madison. Hold off on Osborne and Ramsey (Tract 12) for now. E-mail exchange between HJ & DJ regarding side letter. Draft of side letter to DJ for review. Side letter mailed. Discussed fencing, sprinkler system, and bore pit. Notification letter sent . ENLARGED AREA Z to ro - fU c co Io Co co•0 CH = N82°54'15'E R = 260.00' L = 11.60' CL = 11.60' UTIUTY EASEMENT PLAT TRACT MAP NO. 12 EXHIBIT "A" PUE - 1,408 SQ. FT. (0.03 AC.) TCE - 1,130 SQ. FT. (0.03 AC.) FERGUSON A VE - SCALE: 1' = 50' CANDLEWOOD SUBDIVISION ENLARGED AREA N M N z N88.51'22'W 21 m 12.77' . W :ow fU � NptE - 163,16' - - 580°2212W 1 LOT S80.2211211\4LOT 120 NOTE (A) PUE LINE EXTENDS ALONG THE WEST EDGE OF THE EXISTING 3.3' SQ. BLOCK FENCE COLUMNS a_ 20 Basis of Bearings: Based on the AHTD Job 040517 Coordinate System N87'09'43'1V 25.25' �I JI 3. O AI J O it 3.3' Sq — — Fence Colu.mn 20' UE Permanent Utility Easement • — Corner of Permanent Utility Easement 765-21514-000 — Tax Parcel Number 2007-11936 — Deed Record b LEGEND PUE — TCE — LOT Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Douglas & Melonie Ramsey Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: Feb. 2010 Scale : 1" = 50' No. Revisions Date Project No. 082146 Tract No. 12 AHTD Tract No. 26 LAND AGENTS' CASE HISTORY Corey E. & Amanda Osborne Tract 13 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/27/2010 HJ & DJ met with Osbornes. Need to get bid on wall. Extend the bore further north. 5/23/2010 E-mail regarding Candlewood entrance from Eva Madison. Hold off on Osborne and Ramsey (Tract 12) for now. 7/15/2010 Draft of side letter to DJ for review. 8/20/2010 Side letter mailed. Discussed fencing, sprinkler system, bore pit, and offered additional $2000 in landscaping damages. 10/4/2010 Notification letter sent . SCALE! 1' = 100' CREEKSIDE ESTATES LOT 5 UTILITY EASEMENT PLAT TRACT MAP NO. 13 EXHIBIT "A" PUE - 2.573 SQ. FT. (0.06 AC.) TCE - 4,229 SQ. FT. (0.10 AC.) WALKER ESTATES 14 NOTE WALKER ESTATES LOT LINES NOT SHOWN. WILL BE ADDED WHEN AVAILABLE S87.52'01'E 14.86' NWSW 31-17-29 ' 1 Vo• r O :oiW- 1�". X to £ 1 stoLO2‘T % CP'i3ULE�E CANDLEWO❑D SUBDIVISION CEDARW❑❑D ADDITI❑N PHASE I A ENLARGED AREA £1 �9 . S87°52'01'E • 20' UE (U fT1 TRACT LOT 23 I--9.33' CHORD S81°54'29'W R = 140.00' L = 9.33' CL = 9.33' 1 i LEGEND � nib SLOT 21 - i w fv TRACT +f3 Permanent Utility Easement • — Corner of Permanent Utility Easement 765-21515-000 Tax Porcel Number 2003-49198 — Deed Record .i 0 Basis of Bearings: Based on the AHTD Job 040517 Coordinate System Temporary Construction Easement - - • - - • - Existing Utility Easement Line PUE — Permanent Utility Easement TCE — Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Corey & Amanda Osborne Drown by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Dote: Feb. 2010 Scale : 1" = 100' No. Revisions Date Project No. 082146 Tract No. 13 AHTD Tract No. 31 LAND AGENTS' CASE HISTORY Daniel J. & Deborah Jo Wright Tract 21 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. 6/15/2010 Letter from Mr. Wright asking for more money, but his calculations were confusing. 8/23/2010 Response letter mailed. Requesting a actual counter offer. 8/30/2010 Mr. Wright called and talked to KW. He wants to build a wall, but was advised not in permanent easement area. Asked about trees—which ones would be removed. Told that we would put up temporary fence if any part of his existing fence had to come down for construction and would be replaced with same. Asking for access off of Hwy 265. 8/31/2010 9/17/2010 10/4/2010 Mr. Wright faxed a counter offer. Wants twice the original offer (50% of AHTD fee simple) for permanent easement. Original offer = $12,285.00, counter offer = $22,108.00. Shannon Jones stopped by and thought counter offer was way too high. Any access off of Hwy 265 would have to be approved by AHTD (since no current access). Counter Offer and Notification letter sent. Offer of 35% of AHTD fee simple for permanent easement. Total counter offer = $16,215.00. UTILITY EASEMENT PLAT TRACT MAP NO. 21 EXHIBIT "A" SUBDIVISION HUNTINGDON LOT 5 S87.22'05'E 32.05' I 1 SWSW 30-17-29 TRACT 22 N87°22'05'W 433.07' :1 LOT 7 1 1 1 1 1 1 AREA ENLARGED TRACT "' N87.46'56'W 1z I \ \ \ 32.30' � ��j6 ``\ NI �� \ LEGEND r.77.777.77:71 `."_" Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13276-000 — Tax Parcel Number 1161-729 — Deed Book & Page TRACT 20 PUE — TCE — PUE - 13,102 SQ. FT. (0.30 AC.) TCE - 8,185 SQ. FT. (0.19 AC.) NE CORNER NW1/4, NW1/4 SECTION 31 T -17-N. R -29-W Section 30 Section 31 SCALD 1' = 100' Basis of Bearings: Based on the AHTD Job 040517 Coordinate System NWNW 31-17-29 N87.46'56`W 487.14' 'N Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Daniel & Deborah Wright Drown by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Dote: Feb. 2010 Scale : 1" = 100' No. Revisions Date Project No. 082146 Tract No. 21 AHTD Tract No. 50 LAND AGENTS' CASE HISTORY John R. and Rebecca Ann Rutledge Tract 26 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. 6/22/2010 Hugh Jarratt with Lindsey Management called. He is a representative for the Rutledges. Easement was e-mailed to Mr. Jarratt. 8/18/10 Revised W/S easement e-mailed to Mr. Jarratt. 10/4/2010 Notification letter sent to the Rutledges and copy to Mr. Jarratt. PUE — 1,168 SQ. FT. (0.03 AC.) TCE — 1,080 SQ. FT. (0.03 AC.) SWNW 30-17-29 UTILITY EASEMENT PLAT TRACT MAP NO. 26 EXHIBIT "A" /ju COY KAYLOR DR. / / a TRACT CHORD f / N41°36'54'E R 608.04' / L = 67,24' // / CL=67.20' / // / ./ - // / SEE • / // DETAIL • 30' I //'. / BELOW J ; /' O / . / / / / DETAIL / WIN 0' 2 / / / /- / / / / / 1 1 SCALD 1' = 60' Basis of Bearings: Based on the AHTD Job 040517 Coordinate System i NORTH CORNER LOT 7 PARADISE PLACE SUBDIVISION /-/ N84'40'3011W1 N / 44.67' T 2 A o LOT 7 PARADISE PLACE SUBDIVISI❑N I4 LEGEND Permanent Utility Easement • Corner of Permanent Utility Easement 765-13249-070 9786240-42 — Tax Parcel Number — Deed Record PUE — TCE — Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement (u M CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : John R. & Rebecca A. Rutledge Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: Aug 2010 Scale : 1" = 60' No. Revisions Dote Project No. 082146 Tract No. 26 AHTD Tract No. 61 A RE CONDE THE SAL ANDREW TAYLOR, JO COREY E. WRIGHT AND J WATER AND SE (STATE HIGHWAY RESOLUTION NO. OLUTION AUTHORIZING THE CITY ATTO ATION AND POSSESSION OF CERTAIN L ON FAMILY TRUST, JOHN A. AND LIND REBECCA BAXTER, MURPHY DAVID BROWN, DOUG W. AMANDA OSBORNE, DANIEL R. AND REBECCA ANN R IMPROVEMENTS 5) • • Y TO SEEK S OWNED BY L. DOMINICK, J. AND BETTY N. MELONIE RAMSEY, J. AND DEBORAH JO TLEDGE NEEDED FOR NG CROSSOVER ROAD 1 WHEREAS, the City of Fa etteville and c ain property owners have been unable to agree on a fair price for the portions • f property caned by each of them which is needed for easements to facilitate water and sewer i prove nts, and WHEREAS, the City of Fayettevill eds to gain possession of these property promptly to begin work on water and sewer improve s along Crossover Road (State Highway 265). NOW, THEREFORE, BE IT CITY OF FAYETTEVILLE, • SOL ED BY THE CITY COUNCIL OF THE AS: Section 1. That the City Co • cil of the City o ayetteville, Arkansas hereby authorizes the City Attorney to file suit to se7 court-ordered posses on of property located on Parcel Nos. 765-04570-000 and 765-04569-110 and owned by The Sa on Family Trust that is needed for a utility easement for water and er improvements along Cro., pay into the registry of the Ci/cuit Court just compensation the sover Road (Highway 265), and to for. Section 2. That tCity Council of the City of Fayettevil :. Arkansas hereby authorizes the City Attorney to fil suit to seek court-ordered possession of pr. ' erty located on Parcel No. 765-04565-000 and o ' ned by John A. and Linda L. Dominick th.. is needed for a utility easement for water d sewer improvements along Crossover Road (Hi way 265), and to pay into the registry of e"Circuit Court just compensation therefor. /! Section 3✓ ,That the City Council of the City of Fayetteville, Arkansas ereby authorizes the City Attor,'ey'to file suit to seek court-ordered possession of property locate. on Parcel No. 765-25909-000/and owned by J. Andrew and Rebecca Baxter that is needed or a utility easement fp water and sewer improvements along Crossover Road (Highway 265), d to pay into the registry of the Circuit Court just compensation therefor. i ec ion 4. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Cify ttorney to file suit to seek court-ordered possession of property located on Parcel No. 765-1'3%05-000 and owned by Murphy R. and Betty N. Taylor that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), . ► to pay into the registry of the Circuit Court just compensation therefor. Section That the City Council of the City of Fayetteville, Arkansas 'eby authorizes the City Attornel to file suit to seek court-ordered possession of property to ed on Parcel No. 765-13295-000 an owned by John David Brown that is needed for a util' : easement for water and sewer improvem is along Crossover Road (Highway 265), and t•ay into the registry of the Circuit Court just co, pensation therefor. Section 6. That the ity Council of the City of Fayettevi e, Arkansas hereby authorizes the City Attorney to file suit seek court-ordered possession ► °property located on Parcel No. 765-21514-000 and owned by oug W. and Melonie R. ' i sey that is needed for a utility easement for water and sewer im•ovements along Crosso r Road (Highway 265), and to pay into the registry of the Circuit Court st compensation th- efor. Section 7. That the City Counci • f th the City Attorney to file suit to seek court - 765 -21515-000 and owned by Corey E. easement for water and sewer improvements into the registry of the Circuit Court just com e City • Fayetteville, Arkansas hereby authorizes rdered oossession of property located on Parcel No. • anda Osborne that is needed for a utility a .ng Crossover Road (Highway 265), and to pay en tion therefor. Section 8. That the City Council of the City\ Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek co -ordered pos ssion of property located on Parcel No. 765-13276-000 and owned by Dani'• J. and Deborah ,• Wright that is needed for a utility easement for water and sewer imps-.vements along Crosso -r Road (Highway 265), and to pay into the registry of the Circuit Co just compensation theref Section 9. That the C Council of the City of Fayettevi e, Arkansas hereby authorizes the City Attorney to file sui to seek court-ordered possession of p • erty located on Parcel No. 765-13249-070 and own by John R. and Rebecca Ann Rutledge at is needed for a utility easement for water and ewer improvements along Crossover Road ( hway 265), and to pay into the registry of the ircuit Court just compensation therefor. PASSE I and APPROVED this 2nd day of November, 2010. APPROVE ATTEST: By: By: IONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer