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HomeMy WebLinkAbout52-10 RESOLUTIONRESOLUTION NO. 52-10 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY KEARNEY-NATIONAL INC. AND/OR COOPER POWER SYSTEMS NEEDED FOR THE RUNWAY 16 SAFETY AREA IMPROVEMENT PROJECT AT THE FAYETTEVILLE EXECUTIVE AIRPORT WHEREAS, the City of Fayetteville and Kearney -National Inc./Cooper Power Systems have been unable to agree on a fair price for a portion of the property owned by Kearney - National Inc. and/or Cooper Power Systems that is needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport on a portion of Parcel No. 765-15533- 000; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to continue work on the project. 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 No. 765- 15533-000 and owned by Kearney -National Inc. and/or Cooper Power Systems that is needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport, temporary construction easements, and to pay into the Registry of the Circuit Court just compensation therefore. PASSED and APPROVED this 6th day of April, 2010. APPROVED: By: 0 ELD JO Mayor ATTEST: By: pometlii6.1Ratt.) DRA E. SMIT , City Cler14 4, e'‘r **** tlY 0,*:4(1. • • c‘-‘1: • r,:v s E :FAYETTEVILLE: I Cv• VED•W 1,(P.e. /CANS •".5 ***** • • • • °C;(;.• ...... Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements -24611204e City Council Meeting Date Agenda Items Only Aviation Division Action Required Transportation Department Action Required: Approve property acquistion through condemnation of Kearney National/Cooper Power property required to construct the Runway 16 Safety Area Improvement Project. 217,200.00 Cost of this request 5550.3960.7820.38 Account Number 07039 3 Project Number Budgeted Rem X 3,141,436.00 Category / Project Budget Correct Runway 16 RSA Program Category / Project Name 2,781,858.00 D8100_AVED Funds Used to Date Program / Project Category Name 359,578.00 Airport Remaining Balance Fund Name Budget Adjustment Attached -ena Previous Ordinance or Resolution # 119-09 Date Original Contract Date: 3-10-10 Original Contract Number: Date 3 -to -2010 Ace and Inter al Services Director Date Date Li4L() te Received in City Clerk's Office REL .9 - gLa Comments: AIP Grant #38 95/5% FANAR Dept Aeronautics Revised January 15,2009 THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 5 School Ave, Ste F Fayetteville, AR 72701 P (479)718-7642 ARKANSAS www.accessfayetteville.org CITY COUNCIL MEMO To: Thru: Thru: From: Date: Mayor Jordan Chief, of Staff, Don Marr Transportation Director, Terry Gullel); Ray M. Boudreaux, Aviatio February 26, 2010 Subject: Condemnation acquisition of Kearney National/Cooper Power property required to construct the Runway 16 Safety Area Improvement Project at Fayetteville Executive Airport, Drake Field PROPOSAL: Authorize the Airport to condemn the property owned by Kearney National and under an Option to Purchase by Cooper Power. The property is needed to complete the Runway 16 Safety Area Improvement Project. Neither Kearney National nor Cooper Power object to the sale of the property so this taking could be referred to as a friendly condemnation under extenuating circumstances. As part of the Runway Safety Area Improvement Project at the Airport, several parcels of land must be acquired Property owned by Coulson Oil and Standard Register have been purchased and the deeds recorded. The parcel owned by Kearney National is encumbered by an Option to Purchase held by Cooper Power. The Option was entered into when Cooper Power purchased the building from Keamey National. Kearney was at the time under a Consent Administrative Order (CAO) with the Arkansas Department of Environmental Quality (ADEQ) for cleanup of a solvent spill on the property. The Option was to be executed when the ADEQ issued the final determination that the property was clean following the clean up actions undertaken by Kearney under the Brownfields Program. Kearney is currently in the fifth year of a five year ground water monitoring protocol as specified by the CAO. All data collected indicates that the property needed by the City for the RSA 16 Improvement Project has not been impacted by the solvent spill and is clean as determined by the samples taken from the ground water monitoring wells on the property. As part of this taking, the City agrees to allow Kearney National and their contractors to enter the property to continue the sampling regimen required by the CAO until the clean up project is declared successful by ADEQ. The City also agrees to follow the planned development as outlined by the project plans and specifications which is to construct Ernest Lancaster Rd and install sidewalks and light fixtures along the roadway, and also to reinstall the airport security fence and the Cooper Power security fence. Additional provisions of the agreement will be to allow vegetation to be installed along the roadway to further facilitate remediation of any contaminants that might in the future migrate to the land acquired by the City. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS Initial action was taken to purchase the land August 12, 2009. Since that time, officers of Cooper Power have worked with ADEQ to allow the purchase and resale of the property without liability transferring to Cooper Power or the City from that held by Kearney National, the responsible party and owner of the property. Environmental experts from Kearney and Cooper have yet to reach an agreement to allow the transfer of the property without a transfer of the environmental liability. Additionally, Keamey National is concerned thai with the transfer of the property their liability increases as the CAO states that should contamination migrate from their property, additional clean up of the initial contamination site would be required After the City acquires the needed parcel, Kearney National's property line moves much closer to the onginal contamination site and thus the chance for contamination to migrate off of their property tnggering the additional clean up actions increases; although, the chance of contamination migrating to the parcel needed by the City is very minimal. ADEQ has approved application from Cooper Power for them to participate in the Brown Fields program. Although the application has been approved and would facilitate the transfer of the property to the City of Fayetteville, entenng the Brown Fields program requires public hearings and a comment period that could consume six months or more. The Airport project is underway and is scheduled to be completed by the end of August 2010 so the Brown Fields program schedule is not satisfactory. Cooper Power has suggested that we proceed with the condemnation to insure that we receive the property in a timely fashion. Keamey National has indicated that they hope that we can come to some sort of an agreement to eliminate the need for the condemnation process. RECOMMENDATION: Recommend approval of condemnation proceedings by the City for property owned by Kearney National/Cooper Power for the purpose of completing the RSA 16 Improvement Project. ADEQ has been consulted to see if any specific language would be required in the taking to satisfy ADEQ and the CAO which controls the actions that might be required in the future. BUDGET IMPACT: There is no additional expense associated with this action. City Council has already approved the budget for purchase of the land. Funding for this project is provided by FAA/AIP Grant (95%) and Arkansas Department of Aeronautics Grant (5%). Atch: Staff Review Form Offer and Acceptance Contract for land purchase Condemnation Letter from ADEQ to Kearney National Land Acquisition Activity Record 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 KEARNEY-NATIONAL INC. AND/OR COOPER POWER SYSTEMS NEEDED FOR THE RUNWAY 16 SAFETY AREA IMPROVEMENT PROJECT AT THE FAYEIIEVILLE EXECUTIVE AIRPORT WHEREAS, the City of Fayetteville and Kearney -National Inc./Cooper Power Systems have been unable to agree on a fair price for a portion of the property owned by Kearney -National Inc. and/or Cooper Power Systems that is needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport on a portion of Parcel No. 765-15533-000; and, WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to continue work on the project. 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 No. 765-15533-000 and owned by Kearney -National Inc. and/or Cooper Power Systems that is needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport, temporary construction easements, and to pay into the Registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 16th day of March, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer • US. Department of transportation Federal Aviation Adminisitcrtion, CERTIFICATE OF APPRAISER Airpon t-XtE.-e---1-1-C1 LIE_ At 12„. PO /LT D 1-2.aice f tato I hereby certify: Project Nurnber 3 -.0r3-0060-035?-eo og P oject Location A`T#E-TTE-Vt LLE> 151I I Parcel Nos/roe-16 Sm 7L6-15533-000 That on On -ANC:- r•-).1-1./ a 0 0 q (date) (s), I personally made a field inspection of the properly herein appraised and that I have afforded the properly owner the opportunity to accompanyme at the time of inspection I have also personally made a field inspection of the comparable sales relied upon in making said appraisal. The subject and the comparable sales ra•d upon it making said aprxaisal were as represented by the photographs contained in said appraisal cr in 01e data book a report that supplemerts the appraisal • • That to the best of my IcnovAedge and belief the statements contained in the appraisal attached hereto are title and the iricanation contained therein upon which the opinion of value expressed below is based is correct. subject to the timiling conditions set birth in the appraisal. .Thal I understand this market value appraisal is b be used in connection vrith the acquisition ol lard la an akport project by -1-1-%T"or FeliErravu-4-E D it ¥s 6F- LE) with the assistance of FM funds Of idler Federal kinds. That such appraisal has been made in conformity with the appropriate State laws, regulations, policiei, and 'prom:Rues appficable to amainl of land tor such purposes. and that lo the best ol mit Icnowledge no portion of the nlue assigned b such property consists of kerns vrhich are noncompensable under the established law of said Slate. That any decrease or increase in the lair market value of real proOerty priCc kite date of valuation caused by he public improvement for which stash properly is acquired, or by he Wafted that the property would be acquired be such improvement other than that due b physical deterioration within reasonable control of the owner, has been disregarded in determining the compensation for the progeny. Thal neither my enbloyment nor my compensation tor making this appraisal are in any way contingent upon the values repotted herein. That I have no direct or imbed, present or contemplated. Mae personal interest in such property or in any benefit from he acquisition d with PmFortY aPfkaistid. • That I have nd revealed the findings and results of such appraisal to anyone ether than the proper officials of Me acquiring agency of said Airport or officials d the Federal Aviation Administration and I will not do so until so authorized by said officials, or until I am required b do so by due ProCess of law, or Until I am released from this obligation by having pubtidy testified as b such timings. That the conclusion set total in this aPpraisal is my indes:endertreginion of the value of the property as of the 2- q - t -day 'of 19 and that such conclusion was reached without collaboration or direction as lo value. a-009 k is my opinion that the lair ntarket value ol the above captioned real property is as Mows: . Value before acquisition $ 4tt15O valueafteracquisition $ 4 Value difference • The properly has been appraised be its lair market value as though owned in tee simple. Or as encumbered only by the existing easement in favor of The opinion d value expressed above is the result of and is subject to the data and condtions descrbed in destIttiojgg5rriof On llll fill FP/PcP4/7N • .'? •% S- te• ------ ••Virti %. n„.. ......._ . ... -- c• •-i. rg.;:.: • (.0 -.:. Typed ma GP -a -60/1.-y e - Yot-t t -kat E --, _ceTRICID P:f2, GEN2RAL ! --... - Datedcontract D (a/ ) 7/ 001 . Signature Cs' 434 .• ••..\ • . a Date t - Note. - Other statements. required by the regulations of an appraisal organization of which the appraiser is a member or by circumstances connected with the appraisal assignment g the preparation of the appraisal, May be inserted where appropriate. 1.MMI • FAA Form 5100-111 (2-941 Supersedes FAA Form 5100-41 NSN: 0052-00-913-80C 4 U.S. GOVERMENT PRINTING OrriCE: 1994 :301-706/14296 • (211, U.S. Depodment 04 Transportation Federal Aviation Ad ministicrlion Airport C"T-1 VC 4\ 12..)90 A-1— D ThAv,C F Etc !hereby calk That 041 YU L:1 C; 0 q CERTIFICATE OF APPRAISER Project Number 9,--05-oa9D-037 -aoo Project Location 4FIA‘lrerrr e V t I Parcel (date) (s). I personally made a field inspection of the property herein appraised and that I haw afforded the properly owner the opportunity to accompany me at the time of inspection I have also personally made a field inspection of the comparable sales retie. upon in making said appraisal The subject and the comparable sales retied upon in making said appraisal were as represented by the photographs contained said appraisal or in the data book Of report thal supplements the appraiSal. That to the best ol my knowledge and belief the statements contained in the appraisal attached hereto are liue and the inlormation contained therein upon whicl the opinion of value expressed below is based is correct subject to the limiting conditions set forth in the appraisal That I understand this market value appraisal. is to be used in connection with the acquisition of land for an airport project by. L rrf oFA-re-nt V L F i E -L-0 with the assistance el FAA funds or other Federal lunds. That such appraisal has been made in conformity with the appropriate Stale laws, regulations, policies, and 'procedbres applicable to appraisal of land Id sud purposes, and that to the 1)051 04 my knowledge no portion of the value assigned to such property consists of kerns which are noncompens,ble tinder the establishei law d said Stale. That any decrease or increase in gbe lair market value ot real property prior toile date of valuation caused by the public improvement lor which such propert is acquired. a by thefikerrhood that the property would be acquired tor such improvement, other than that due to physical deterioration within reasonable contra c4 the armor, has been &regarded in determining the compensation for the properly. Thal neither my employment nor my compensation Id making hs appraisal are in any way contingent upon the values reported herein. That I have no irked or irbdreck present ot dotemplated, future personal interest in such property or in any benefit from tie acquisition ol such property appraised. . That I have not revealed the Endings and results of sudi appraisal to anyone other Can the proper atrial,* of the acquiring agency' of said Airport or official of tie Federal Aviation Adminisuation and I will not do so until so authorized by said officials, or until I am required lo do so by due proiess d law, or until I an released from this obfigation by having pubticly testified as to such Cu -clings. Thal the conclusion so toll kl it aPdaisal is my independent %Pinion of the value a( the property as of the d Li -n--i - day a ntt N P 49'__ and that such conclusion was readied without collaboration Cx direction as ta value apoq k is my opinion that On lair market value of the above captioned real property is as IdlowS: Value bade acquisition S ti g Value after acquisition $ LWa-c Value dfference ?)7, q a The property has been appraised for its tair market value as !hough owned in lee simple, a as encumbered only by the existing easeineN favor' or • The opinion of value expressed above is the result ol and is subject lo the data and condtions descrned in detail ki this report Of q -7 Date of comma Typed natio Signature Date oto/o/a0) M Arty, - S-14. Note. - Other statements. required by the regulations ci an appraisal organization by circumstances connected with the appraisal assignment or the preparation of appra If," EWE Nt \re anTiF7E0 # * GENEPAL wh- or were...v.0 • mededefjpfraL 4RK Iwo • • FAA Form 5100-111 u-sa Supersedes FAA Form 5100-41 4 U.S. GOIEERNMEol PRINTING OFFICE: 1994 - 301-706/14236 NSN: 0052-00-913,, August 4,2009 ev1 ie AVIATION DIVISION ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD • Downie Grimm, Local Plant Manager Cooper Power Systems Kearney Operations 3660 S. School Avenue Fayetteville, Arkansas 72701 Dear Mr. Grimm: The City of Fayetteville, Arkansas is initiating a project to construct improvements to Fayetteville Executive Airport, Drake Field. The project will realign a portion of US Highway 71 to the West and Ernest Lancaster Drive to the North in order to reconstruct the Runway 16 Safety Area in accordance with FAA Safety Area design standards. The project has been designed to minimize the disruption to the community and especially to minimize the need to acquire private property. However, sound design and cost efficiency require the acquisition of some private property to accomplish the project, including a portion of your property as described below. The airport may only acquire your property upon payment of just compensation to you for the fair market value of the property required and any resulting damages to your remainder property due to the acquisition for the subject project. To this end we have had your property appraised by qualified real estate appraisers And have determined the amount ofjust compensation to be $217,200.00 (including $950.00 for a temporary construction easement). The City of Fayetteville is therefore offering you $217,200.00 for the purchase of the needed property and compensation for all resulting damages. Attached, is a Summary of Just Compensation, a proposed contract, plat, and exact legal description of the property to be acquired for your review. Also, attached is a brochure entitled "Land Acquisition for Public Airports" which explains your rights and benefits for the conveyance of your property. The amount offered as just compensation is fair and full compensation for the proposed acquisition, and we sincerely wish to come to amicable agreement with you for the acquisition of your property. The airport representative presenting this offer to you will explain the offer and proposed acquisition to you, and is available to answer any questions and concerns you have now and throughout the negotiations process. Thank you for your consideration. Sincerel *- Li el Jordan Mayor Attachments: Ca: Summary ofJust Compensation Contract including Property Description Phil Ralston 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • www.accessfayetteville.org/govemment/aviation airpoteconomic_development©cilayetteville.ar.us Car Section 1— Introduction (Project Irkntification: Eee Simpk Chtmer: Wolfing Address: (Property Location: (Parcel' iscum6ers: Census Tract: TkoiData: Estat e ifppraiserE Salient Tacts cZ Conclusions City of Fayetteville Executive Airport, Drake Field - Runway 16 Safety Area Improvement Project Kearney -National, Inc. P.O. Box 4446 Houston, TX 77210 Project Tract #6 3660 South School Avenue — Fayetteville, AR 72701 Washington County- 765-15532-000 & 765-15533-000 111.02, Block 7026 —25% total acreage appears to lie in FEMA identified flood zone AE Per map #05143CO220F, as of 05/16/08 Fee Simple 04/hest ti gest Vse: Before the Taking — As if Vacant As improved After the Taking — As if Vacant As Improved Improvements Consickra _Area Of Wick: 'Permanent Taking Area: Area Of Wesuluat Temporary Construction: Effective Date: Industrial Manufacturing Complex Industrial Manufacturing Complex Due to my opinion improvements remaining after proposed partial taking will not suffer severance damage, they are not considered in this report. Improvements slated for permanent removal and therefore considered include the following: 1,300± Linear feet of chain link security fencing 19.42± Acres per Appraiser calculation using Survey dimensions 4.81± Acres per provided Survey 14.61± Acres 0.22± Acres per provided Survey June 24,2009 — the date of subject inspection 1 Salient Facts And Conclusions Continued Indicated Eair liarket Values Before the Takings Underlying Land $840,000 Affected Improvements $ 8.450 Total $848,450 After the Takings Underlying Land $632,208 Affected Improvements 0 Total $_632 298 Total Loss in Market Value Due to Taking $216,242 *No Severance Damages applicable ilacation Of Eair Marko Valise Permanent Taking: 4.81± Acres @ $43,200/Acre = $207,792 Affected Improvements: 1,300± LF of fencing ® $6.50/LF = $ 8,450 Total Loss In Market Value Due to Taking $216,242 Add T.C.E. 0.22± Acre @ $43,200/Acre x 10% x 1 Year $ 950 Total Certified Just Compensation $217,192 Say $217,200 2 OFFER AND ACCEPTANCE CONTRACT The City of Fayetteville, Arkansas, a municipal corporation, offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at closing, the total and cash payment of $217,200.00 (including $950.00 for a temporary construction easement). 3. Offer Contingent: This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas. 4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such conveyance shall include mineral rights owned by Cooper Power Systems . 5. Cooper Power Systems shall furnish a policy of title insurance in the amount of the purchase price from a. title insurance company as selected by the City of Fayetteville. The City of Fayetteville and Cooper. Power Systems shall share equally in the cost of the title insurance. 6. Cooper Power Systems agree(s) to allow the City of Fayetteville, if the City of Fayetteville so desires, at City of Fayetteville's expense, to survey the property. Cooper Power Systems agree(s) to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the City of Fayetteville. 7. Taxes and special assessments due on or before closing shall be paid by Cooper Power Systems. Insurance general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. 8. The closing date shall be within ninety ( 90 ) days after approval of this offer by the City Council. If such date of closing falls on a weekend or holiday, it will be held the following working day. 9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing. 10. Cooper Power Systems hereby grant(s) permission for the City of Fayetteville or its employees or designates to enter the above described property and improvements for the purpose of inspection and/or surveying. 11. All fixtures improvements and attached equipment are included in the purchase price. 12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by Cooper Power Systems . 13. Cooper Power Systems shall disclose to the City of Fayetteville any and all environmental hazards of which Cooper Power Systems has/have actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, the City of Fayetteville and Cooper Power Systems shall share equally the costs of any and all testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined Cooper Power Systems shall cure such, at their expense; or, in the alternative, at the City of Fayetteville's discretion, the City of Fayetteville may cure such environmental hazard, and Cooper Power Systems shall indemnify the City of Fayetteville for all costs associated with said cure. OFFER AND ACCEPTANCE CONTRACT Page 2 of 4 14. This agreement shall be governed by the laws of the State of Arkansas 15. This agreement, when executed by both the City of Fayetteville and Cooper Power Systems shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 16. This contract expires, if not accepted by Cooper Power Systems on or before the 4th day of September, 2009. 17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council for their approval within thirty ( 30 ) days of acceptance by Cooper Power Systems . 18. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Cooper Power Systems HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID. Cooper Power Systems Kearney Operations 3660 S. School Avenue Fayetteville, AR 72701 AGENT OR WITNESS: City of Fayetteville, Arkansas, A municipal corporation Lioneld Jordan, Mayor Sondra Smith, City Clerk Date: Date: Date: Date: Dated • OFFER AND ACCEPTANCE CONTRACT Page 3 of 4 EXHIBIT "A" PROPERTY DESCRIPTION FOUR (4) Pages "ATTACHED" SIGNED FOR IDENTIFICATION: Lioneld Jordan, Mayor Sondra Smith, City Clerk Date: Date: Date: Date: OFFER AND ACCEPTANCE CONTRACT Page 4 of 4 ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF WASHINGTON 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 to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/she/they is/are of and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of said and further stated and acknowledged that he/she/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 day of 2009. Notary Public MY COMMISSION EXPIRES: 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 Lioneld Jordan and Sondra Smith, to me well known, as jhe_perons_who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, 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 day of MY COMMISSION EXPIRES: • 2009. Notary Public • TEMPORARY C‘ONSTRUCTiON EASEMENT MAP TRACT MAP NO. 7 EXHIBIT IRAIR ITCE - 9,560 SO. FT. (0.22 AC.) 1 1 1 1 1 I I 11 1 I. f 1 S 137-2141 E I 35.02 I 14 5131 U.S. HIGHWAY 71 0•010t 161-13:112-401 3211-170 11 8721'41' -125700' r i• 1001 8ASS a BEARRIC 01Y OF FAIL-71E14LE CPS MONWENTADON MAC KM. ri 870430- • - 1292.42 11 75.57•03. 5.11* IV W N 70 1 .1.77"00.3- OWNER: KEARNEY NAllONAL • • I ~It Matt *WOW 711-13SS3-4100 11.111-0 • I I LEGEND • — Corner of Temporary Construction Easement 765-15532-000 — Tax Parcel Number 97-55181 — Deed Reseed 98-13185 Id SY/ CCRNER SE 1/4, SW 1/4 r - SECTION 3.7 1-10-14, R -30-W STATE MONUMENT ---1-•,„„„. •••• 14 Or57.17- E - 349.34' Cif Temporary Construction Easement T� — Temporory Construction Easement CITY OF FAYETTEVILLE Property Owner : Keomey Notional Drown by: McClelland Consulting Engineers Project Nome : U.S. Highway 71 RelocoUon Date: My 2009 Scale • 1" = 100' No. Revisions Date Project No. 072154 Tract No. =7 • DRAKE FIELD / HVVY 718 • Tract No. 6 Parcel No. 765-15533-000 PROPERTY DESCRIPTION: (Deed Record 830-628) A pail of the Southwest Quarter (SW %) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Seetion 33 T -16-N, R -30-W, as described in Deed Reoord 830-628 of the records ofthe Circuit Clerk, Washington County, Arkansasl.being more particularly described as follows From the Southwest corner of said Southwest Quarter (SW %) of the Northeast Quarter (NE '/4 of the Southwest Quarter (SW 1/4), thence South 87°05'37" East along the South line of said Southwest Quarter (SW %) of the Northeast Quarter (NE %) of the - Southwest Quarter (SW %) a distance 0( 20.09 feet to a point on the existing East Right of Way line of Arkansas Highway 716 for the Point of Beginning, thence North 4°35'50" East along said East Right of Way line a distance of 336.70 feet; thence leaving said East Right of Way line South 85°46'18' East - 630.94 feet to a point on the East line of said Southwest Quarter (SW 1/44 of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW %); thence along the East line of said Southwest Quarter (SW %) of the Northeast Quarter (NE %) of the Southwest Quarter (SW.%) South 2°5817 West - 322.00 feet to the Southwest corner of said Southwest Quartet (SW Y0 of the Northeast Quarter (NE %) of the Southwest.Quarter (SW %); thence along the South line of said Southwest Quarter (SW %) of the Northeast Quarter (NE %) of the Southwest Quarter (SW 1/4) North 87°0537" West - 640.34 feet to the Point of Beginning, containing 4.81 acres more or less. CAdatalF_A3EMENTSU007 \ 072164 Drake Field 10/1. 7 RPropenaract 6 Kcamey.doe PARENT 1RACT - DEC) RECORD 1330-624 PARCEL NM 765-15533-000 NI thot pat of the SW 1/4 of the NE 1/4 of the SE 1/4; en NW 1/4 of the SC 1/4 el Ow SW 1/4; awl the NE 1/4 of the SW 1/4 of the SW IA all In Section 33 T-14-44. R -30-W of the ith P.M. bhg Emit of the East Rkht of Way Une of WS *hew No. 71. cceitalniw 20 ewes. ma kw. SURVEY DESCRIPTICta A pat of the Sorthweet Waster (SW 10 Of the Northeast °Jolter OC TO of the Scuthert Gerber (SW E) of Seaton 33. T-16-11, R-30-11( in described h On! Rad 630-023 of the resort of Ow ChasR Ma, Washk.gton Gwent% Arkenne halo more petkulaly dew:rhea se blowy Fran the Sostat comer of *GC Southwest Otflifor (SW 10 a the Nwtheast Charter (11E 1() of the Scorttenst Quarter (Sll %). thence South 1170537- East dcag 111 South We of saki Southwest Cater.(SW 10 of the Northeast Oureter OE Y) of the Southwest Ouster (SW 10 • atones of 20.09 feet to a point on the wit. East Wahl of Wry Wup of fame 111/011woy 7113 ke the Poht of Begtntew thence North 415.50. East okop sold Eget Wit of Way the • &lance of 336.70 het thaw* lag wad Fort Right of Way lane South escrie Est -430.94 hot to • poW on the East One of odd Southwest Outlet (SW )() alt. Northeast Quarter (IC %) of U.. Southwest Quarter (SW n thence skew the Eat Poe 44 ward Southweet Quarter (SW 10 et the Northeaet Center PC JO of the Southwest Quarter (SW JO South 21471' Wert - 32200 feet to the Southwest comer of add Southwest Quorter (SW IQ of the Iforthemet Quarter 01E 11) of Vs Southwest Charter (SW Ek thence alms the South Pres of add $02141111114 Ibin111 011 10 of the Northeast Oaorter (11E 10 et the Southwest Parts (SW 10 North 67135.37° Ilest - 840.34 Wet to the Point of Boolnnew. cont.:Sy 4.41 as, ea or len Owe 1ICIOICY11410all 111 1•5-113.11-1104 1 " 1 1 $ 0 44 . . 441494 t I to I I I. cS tell:4 FiEARNEY NATIONAL IT•1 : I 11 11574.104 w 76S-13533-000 )- . moo' 610-6213 e a ., • .r. i 1 le I6 :a -1w, P. NE 1/4. SW 1/4 ewes I 41 7/4-41614-404 1 D ratliff_cliT:65'4618° E - 630.94 ar---- .--1aTer-----73-c Can 10/111C1 i r 11144-/Witl 1 " II 114"r" 1 1 1...- 1 .1 -1 1 - --- 1 c.W-1-:-.-4--f—.-•---4?4--47----44-7.-i" ----. -2.-=--t-=----e.----.---v-r 9...e. -..z. -x. • -'-..d• L . PIO Pla=a--- e bq g +. in I Et.94 I .32--- " Ci S 8731 155.1 ... / oi - . T=;-==---4.4- . -7— =14 8705437 C6.40.34—je- -737 . •• . N 87332. W 660'M PROPERTY MAP 1RACT MAP NO. 6 DCHIBIT °A. 1 ft 200' BASIS OF REARM CITY CF FM17E1.1118 GPS LICHUMEHTATION btho est, SY/ COMER NE 1/4. SW 1/4 SF-CTION 33 T-16-14, R -30-W 1 G901F-ST DISTICI NOWT Or ill AO) JOB 10. 141114. • — OloCit W fAXTINtit 1111-15113-4101 141/1-40 LEGEND Property Area Found Iron Ph Set Iron Pin • Property Line Existing Right of Way Land Une 200-1611-30W-13-33-310-72-1146 Client: CITY OF FAYETTEVILLE Property Owner: Kearney National Drartn by : McClelland Consulting Engineers 1810 N. College Ave. Fayetteville, AR 72702 Project No. 072164 Tract No. 6 Project Name : U.S. Highway 71 RdocatIon Date: July 2009 Scale' 200' 1-11•Mmim • r(4/14/2010) Lisa B7anson - Cooper Kearney Offer & Acceptance Seite 1 From: James Nicholson To: Lisa Branson Date: 4/14/2010 1:47 PM Subject: Cooper Kearney Offer & Acceptance Hi Lisa, I left a message to call me back but it is not necessary unless you have a question. I talked to Ray and here's how I understand it, the original Offer and Acceptance is not applicable because we are currently proceeding with a condemnation action which was approved by the City Council. The copy of the original Offer & Acceptance was included in the packet as informational only, as history on the item. The original was included in a Staff Review packet circulated last August, (recv'd in Clerks Office 8/7/09). In the current item Just passed, there is no document for the Mayor to sign except the Resolution itself. Hope that helps, and thank you for your assistance. James Nicholson, Financial Coordinator .Fayetteville Executive Airport / Drake Field 479-718-7642 office 479-718-7646 fax inicholson@ci.fayetteville.ar.us TDD (Telecommunications Device for the Deaf) 479-521-1316 The 2010 Census is important and easy. When your form arrives this March, take 10 minutes, fill out the 10 questions, drop it back in the mail. You're done! (4/14/2010) Lisa Branson - Fwd: Runway 16 Safety Area Improvement Project SeitejJ From: To: Date: Subject: Attachments: James Nicholson Lisa Branson 4/14/2010 2:14 PM Fwd: Runway 16 Safety Area Improvement Project 081109 Runway 16 Safety Area Improvements Project.pdf Lisa - here is the complete item from last year, however none of the Offers & Acceptances are signed. My guess is that there isn't a signed original Offer & Acceptance, which is the reason we are pursuing the condemnation at this point. There has been quite a bit of negotiation between Kearney and Cooper Power over responsibility for some left -over Environmental testing requirements on the property. In any case, we don't have a signed Offer and Acceptance from Kearney/Cooper in the airport file. James Nicholson, Financial Coordinator Fayetteville Executive Airport / Drake Field 479-718-7642 office 479-718-7646 fax inicholson@cilayetteville.ar.us TDD (Telecommunications Device for the Deaf) 479-521-1316 The 2010 Census is important and easy. When your form arrives this March, take 10 minutes, till out the 10 questions, drop it back in the mail. You're done! >» Lou Powers 4/14/2010 1:59 PM >» Lou Powers City of Fayetteville, Aviation Dept. 4500 S. School Ave., Suite F Fayetteville, AR 72701 479-718-7642/fax 479-718-7646 loowers@ci.favetteville.ar.us TDD (Telecommications Device for the Deaf) 479-521-1315 The LIS Census takes place during March and April of this year. BE COUNTED. Your community is counting on you! >» Ray Boudreaux 8/12/2009 9:06 AM >» Here you go Ray Ray M. Boudreaux, Col. USAF (ret) Director of Aviation Fayetteville Executive Airport, Drake Field 4500 S. School Ave., Suite F Fayetteville, AR 72701 ph. 479.718.7642 fax. 479.718.7646