HomeMy WebLinkAbout107-11 RESOLUTIONRESOLUTION NO. 107-11
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
EARL F. WEBB AND MURLENE WEBB CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE CATO SPRINGS ROAD
IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $34,000.00
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 Earl F. Webb and Murlene Webb in the total amount of $34,000.00 as full and
final settlement of condemnation litigation (City of Fayetteville, Arkansas v. Webb, Washington
County Circuit Court Case No. CV 2010-3908-6) filed as part of the Cato Springs Road
Improvement Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $7,000.00 over and above the
$27,000.00 previously placed on deposit with the court.
PASSED and APPROVED this 5th day of July, 2011.
APPROVED:
By:
ATTEST:
By:w ,Irtnsc1'i,Lpu. (1 (;`;1-e V L
SONDRA E. SMITH, City Clerk/Trdasurer
AGENDA REQUEST
FOR: COUNCIL MEETING OF JULY 5, 2011
FROM:
CHRIS BROWN, CITY ENGINEER
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Approving A Settlement Agreement With Earl R. Webb and Murlene Webb
Concerning Condemnation Litigation Filed As Part Of The Cato Springs Road Improvement
Project In A Total Amount of $34,000.00
APPROVED FOR AGENDA:
7/5/ r
City Engineer Date
ity Attorney
(as to form)
Date
Chief of Staff
Mayor
07-05-11P12:41 RCVD
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CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
City Council Meeting of July 5, 2011
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Chris Brown
Date: July 5, 2011
Subject: Approval of a Settlement with Earl F. and Murlene G. Webb for Purchase of Right of Way along
Cato Springs Road
PROPOSAL:
Cato Springs Road is planned for improvement from South School to Razorback Road as a part of the
Transportation Improvement Bond Program. Right of way acquisition was required from many of the property
owners along the route. In order to move forward with the project to bidding and construction, condemnation
action on some of the properties was approved by the City Council. The City Attorney filed condemnation suits
for these properties, and received Orders of Possession from the Circuit Court so that the project could move
forward.
In the case of the Webb's property, $27,000, representing the City's appraised value for the right of way, was
deposited with the Court at the time of the filing. Since that time, staff has negotiated with Mr. and Mrs.
Webb's attorney, and a settlement proposal has been developed for review by the City Council. This settlement
consists of the following:
1) Payment of an additional $7,000 to Mr. and Mrs. Webb, representing the mean value of the City's
appraisal and an appraisal commissioned by the Webb's, plus $500 for additional costs incurred.
2) The City will provide a curb cut on Cato Springs Road during construction. No additional cost to the
City is anticipated with this item.
3) Staff will prepare and present a rezoning proposal for the property to the Planning Commission and City
Council, to rezone the property from C-2, Thoroughfare Commercial to UT -Urban Thoroughfare. No
additional cost other than staff time is anticipated with this item.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing the settlement of the Webb Condemnation Case, and
approving an additional $7,000 payment to Earl F. and Murlene G. Webb.
BUDGET IMPACT:
The payment for land acquisition will be made from the project budget allocated for the Cato Springs Road
Improvements Project, which is funded by the Transportation Bond Fund.
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
EARL F. WEBB AND MURLENE WEBB CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE CATO SPRINGS ROAD
IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $34,000.00
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 Earl F. Webb and Murlene Webb in the total amount of $34,000.00 as full and
final settlement of condemnation litigation (City of Fayetteville, Arkansas v. Webb, Washington
County Circuit Court Case No. CV 2010-3908-6) filed as part of the Cato Springs Road
Improvement Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $7,000.00 over and above the
$27,000.00 previously placed on deposit with the court.
PASSED and APPROVED this 5th day of July, 2011.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer