HomeMy WebLinkAbout43-10 RESOLUTIONRESOLUTION NO. 43-10
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
AARON H. WATSON AND PATRICIA ANN WATSON CONCERNING
CONDEMNATION LITIGATION FILED AS PART OF THE MOUNT
COMFORT ROAD WIDENING PROJECT IN A TOTAL AMOUNT OF
$55,000.00
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 approves
an agreement with Aaron H. Watson and Patricia Ann Watson in a total amount of $55,000.00 as
full and final settlement of condemnation litigation (City of Fayetteville. Arkansas v. Watson,
Washington County Circuit Court Case No. CV 2009-2087-4) filed as part of the Mount Comfort
Road Widening Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $25,000.00 over and above the
$30,000.00 previously placed on deposit with the court.
PASSED and APPROVED this 2nd day of March, 2010.
APPROVED:
ATTEST:
By: . \;\ ctiLk)
SONDRA E. SMITH, City Clerk/Treasurer
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E.: :FAYETTEVILLE
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/2/2010
City Council Meeting Date
Agenda Items Only
Engineering Division
Division
Action Required:
Development Services Dept
Department
Approval of a Resolution authorizing settlement of the Aaron H. Watson and Patricia Ann Watson condemnation case
for $25,000 on the Mount Comfort Road Widening Project.
25,000 00
Cost of this request
4450.9520.5805.00
Account Number
06035.1500
Project Number
Budgeted Item
30,053,348.00
Category / Project Budget
16,152,578.99
Mt. Comfort (Alpine to Ruppie Rd)
Program Category / Project Name
Land Acquisition
Funds Used to Date Program / Project Category Name
13,900,769.01 Transportation Bond St Improvements
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and Internal Services Director
02-11-1.49
Date
o2- Z. • / 0
Date
2,-11-U10
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
a'FV111e
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer C43
Date: February 12, 2009
Subject: Mount Comfort Road Improvements -Watson Condemnation Settlement Proposal
Agenda Item for the March 2, 2010, 2010 City Council Meeting
PROPOSAL:
Widening of Mount Comfort Road is being completed under the Transportation Bond Program. As part of this
project, right of way and easements were needed on 66 properties. 65 property owners negotiated a settlement
with the City for the necessary right of way, leaving only one acquisition that required condemnation. The area
of new right of way to be acquired was 1,711 square feet. A utility easement of 2,945 square feet adjacent to
the new right of way was needed as well. The property in question is located at the northeast corner of Salem
Road and Mount Comfort Road; owners are Aaron H. and Patricia Ann Watson.
In order to gain possession of the property, the City deposited $30,000, representing the appraised value of the
land needed for the project, into escrow with the Washington County Circuit Clerk, and was granted an Order of
Possession on July 20, 2009. This Order of Possession allowed the City to proceed with construction of the
project.
Recently, the City Attorney's Office received an offer to settle this case for $25,000. This would bring the total
compensation for the right of way and easements to $55,000.
RECOMMENDATION:
This property is located at the intersection of Salem Road and Mount Comfort Road, and the driveway to the
house on the property is on Salem Road, very near the Mount Comfort intersection. With the planned
improvements, the house will be nearer to the roadway, and the driveway will be nearer to the intersection.
Damage to the property value due to these factors is reflected in the City's appraisal report; however, this
damage is subjective and the property owners have argued that they have damages in excess of the City's
appraisal.
THE CITY OF FAYETTEVILLE, ARKANSAS
Additionally, settlement at this stage eliminates the cost of staff time that would be necessary to prepare for a
trial, along with the cost associated with the City's contract appraiser testimony that would be required.
For these reasons, Staff recommends approval of a settlement with Aaron H. and Patricia Ann Watson in the
amount of $25,000.
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.
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
WITH AARON H. WATSON AND PATRICIA ANN WATSON
CONCERNING CONDEMNATION LITIGATION FILED AS
PART OF THE MOUNT COMFORT ROAD WIDENING PROJECT
IN A TOTAL AMOUNT OF $55,000.00
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 approves an agreement with Aaron H. Watson and Patricia Ann Watson
in a total amount of $55,000.00 as full and final settlement of condemnation
litigation (City of Fayetteville, Arkansas v. Watson, Washington County Circuit
Court Case No. CV 2009-2087-4) filed as part of the Mount Comfort Road
Widening Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas, in
furtherance of the settlement, hereby approves payment of an additional
$25,000.00 over and above the $30,000.00 previously placed on deposit with the
court.
PASSED and APPROVED this 2nd day of March, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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ENGINEERING DIVISION
113 W. MC4JNTAIN STREET
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Mount Comfort Road
Watson Property
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