The URL can be used to link to this page

Home My WebLink About114-11 RESOLUTIONRESOLUTION NO. 114-11 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH MURPHY R. TAYLOR AND BETTY N. TAYLOR CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE CROSSOVER ROAD WATER AND SEWER IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $27,000.00 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 Murphy R. Taylor and Betty N. Taylor in the total amount of $27,000.00 as full and final settlement of condemnation litigation (City of Fayetteville, Arkansas v. Taylor, Washington County Circuit Court Case No. CV 2011-1267-2) filed as part of the Crossover Road Water and Sewer 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 $3,500.00 over and above the $23,500.00 previously placed on deposit with the court. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: By: ��Ol ��1, Ir � L(eAr . rtlf SONDRA E. SMITH, City Cl k/Treaa urer `,PRINT u .-\® G\ 0;c • z. U• • FAYETTEVILLE; .syr(•-9RKAN5V� �,.xR;• . David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/5/2011 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Resolution approving a settlement agreement with Murphy R. Taylor and Betty N. Taylor concerning condemnation litigation filed as part of the Highway 265 (Crossover Road) water and sewer relocation project in a total amount of $27,000. This amount reflects a $3,500 increase above the $23,500.00 previously placed on deposit with the court. 3,500 Cost of this request 5400.5640.5810.00 Account Number 08072-1 Project Number Budgeted Item XX 5,272,011 Category / Project Budget W&S Relocations -2009 Bond Proceeds Program Category / Project Name 5,237,260 Water & Wastewater Funds Used to Date Program / Project Category Name 34,751 Water & Sewer Remaining Balance Fund Name Budget Adjustment Attached 04, Date (23—i/ Date %d`1.�.2041 Finance and Internal Services Director Date Chief of Maiyor hall Date .../41c. ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 193-10 11/2/2010 Received in City 06-23-1 1 A07:26 RCVD Clerk's Office Comments: Revised January 15, 2009 'Fa've leville CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 5, 2011 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 Comm ee Date: June 22, 2011 Subject: Approval of a settlement agreement with Murphy and Betty Taylor for an easement on Highway 265 (Crossover Road) RECOMMENDATION Staff recommends accepting a settlement agreement with Murphy R. Taylor and Betty N. Taylor concerning condemnation litigation filed as part of the Highway 265 (Crossover Road) water and sewer relocation project in a total amount of $27,000. This amount reflects a $3,500 increase above the $23,500.00 previously placed on deposit with the court. BACKGROUND The Arkansas Highway and Transportation Department (AHTD) is executing 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 are being 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. On November 2, 2010, in order to not delay the project, the City Council approved condemnation proceedings against several properties, including Murphy and Betty Taylor. Negotiations with property owners continued; of the original nine that were submitted for condemnation, only two were filed in court, including the Taylors. DISCUSSION After continued negotiations, staff and the Taylors have reached the agreement reflected in the attached letter. The agreementreflects specific ° tree protection requirements, a reduction in the temporary con- struction easement, and a $3,500 increase in the compensation. Both sides feel this negotiated settlement is fair and reasonable. Water and sewer construction is already underway, through a contract awarded to Garney Construction; the contractor has been notified of the changes reflected in this settlement agreement. BUDGET IMPACT This settlement for $27,000 is $3,500 above the $23,500.00 previously placed on deposit with the court. The additional $3,500 is available within the approved project budget. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH MURPHY R. TAYLOR AND BETTY N. TAYLOR CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE CROSSOVER ROAD WATER AND SEWER IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $27,000.00 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 Murphy R. Taylor and Betty N. Taylor in the total amount of $27,000.00 as full and final settlement of condemnation litigation (City of Fayetteville, Arkansas v. Taylor, Washington County Circuit Court Case No. CV 2011-1267-2) filed as part of the Crossover Road Water and Sewer 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 $3,500.00 over and above the $23,500.00 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 JASON B. KELLEY Assistant City Attorney Judy Housley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 TDD (479) 521-1316 KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY For purposes of settlement negotiations only. June 22, 2011 Timothy L. Brooks, Esq. Taylor Law Partners LLP P.O. Box 8310 Fayetteville, AR 72703 etilye ARKANSAS 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 Re: City of Fayetteville v. Taylor, et ux., Wash. Co. Circuit Case No. CV 11-1267-2 Dear Tim: Subject to the approval of the Fayetteville City Council, the City accepts your clients' counter-offer of settlement in the above -referenced case. Your offer to accept our previous proposal, so long as we could agree to an additional $3,500.00 monetary compensation instead of our offered $1,140.00, is acceptable to city staff. The total compensation to be paid to your clients for the takings will be $27,000.00. The previous conditions stated in my June 2, 2011, letter are included in our agreement. I am enclosing a copy of that communication so that all of the terms may be reflected in one group of documents. I have prepared a draft resolution for the consideration of our City Council at its July 5, 2011, meeting. If the resolution is approved, I will forward a dismissal precedent along with a check for the additional $3,500.00. Simultaneously, I would request your clients forward to us the fully -executed Water/Sewer Easement deed with exhibit. Should there be any questions or need to discuss this matter, please do not hesitate to contact me. Sincerely, 6;:2 Jason B. Kelley Assistant City Attorney cc: D. Jurgens, K. Wimberly Enclosures JASON B. KELLEY Assistant City Attorney Judy Housley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 TDD (479) 521-1316 KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY For purposes of settlement neLotiations only June 2, 2011 Timothy L. Brooks, Esq. Taylor Law Partners LLP 303 E. Millsap Road Fayetteville, AR 72703 Re: Murphy and Betty Taylor Dear Tim: Tattevllye. ARKANSAS 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 VIA FACSIMILE & U.S. MAIL The City of Fayetteville has received your letter dated May 20, 2011, regarding the above-mentioned property. After careful review, we have concluded that we can eliminate that portion of the temporary construction and grading easement which lies directly in front of the Taylor's residence. The twenty foot temporary construction and grading easement will remain to the south and north of the residence. The City of Fayetteville will require its contractor to install construction fencing along the east perimeter of the permanent utility easement in front of the Taylor's residence and along all perimeters of the temporary construction and grading easement to the north and south of the Taylor's residence. This will create a "no -work" zone directly in front of their residence, therefore eliminating the possibility of equipment operating near the foundation of the structure. This will also eliminate any possible damage to the flower beds which are adjacent to the walkway and front porch along the west side of the residence. By reducing the temporary construction and grading easement there will be a number of trees which will no longer be affected by construction, specifically the 22" Willow Oak, 8 '/Z" Red bud and the 13" Red Maple. The City of Fayetteville will also require tree protection fencing around these three specific trees. If any of these three specific trees happen to suffer from damage due to the construction of the water line and perish within twelve months after completion of the project, the City of Fayetteville will properly remove the tree(s) and stump(s) at its expense. The City of Fayetteville realizes that the 27" and 21Y2" Pin Oaks may sustain some damage to the root systems during construction. We will compensate you for these two trees. The City of Fayetteville will not remove these trees during the construction of the project in hopes that they will survive, however if they do not survive it will be the responsibility of the Taylors to remove the trees. The City anticipates the 16 '/2" and 10 '/2" red maple trees will sustain damage during construction, and the Taylors should be compensated for them. The 5" Page 2 Letter to T. Brooks June 2, 2011 and 5 %" red maple trees will be removed during construction and the Taylors will be compensated for them. Due to the reduction in the size of the temporary construction and grading easement the City of Fayetteville will place a reduced value on the area of $500.00. We will agree that the market value of the permanent utility easement is $12,500.00, as determined by Reed & Associates in an appraisal report dated January 26, 2011 [$23,500 (total estimated damage to market value) less $1,500 (temporary construction easement value) less $9,500 (approximate damage to trees)]. This will total an amount of $13,000.00 for the permanent utility easement and the temporary construction and grading easement. The City of Fayetteville acknowledges that this project will cause significant damage to some of the trees on the property within the permanent utility easement area. The City of Fayetteville would agree to the amount of $9,140.00 for damages to the trees. The value of the trees were provided by the appraisal report by Alfred Einert dated June 13, 2010;. 16 '/ red maple $2,300, 5" red maple $330, 5" red maple $0, 10 %2" red maple $1,330, 27" pin oak $3,000, 21 %" pin oak $2,180. However, the twolarge pin oaks should survive this construction project with proper root trimming and care. The willow oak, red bud and 13" red maple will not be affected and the possible loss of buffer from the elements and roadway noise will not be as great as once anticipated, therefore the City of Fayetteville would acknowledge a residual loss value of $2,500.00. In light of the reduced taking and accompanying reduced impact on the trees, the City of Fayetteville hereby offers a total just compensation of $24,640.00 for the permanent utility easement, temporary construction and grading easement, damages to trees and residual loss of buffer. This amount represents an increase of $1,140.00 over the compensation placed on deposit, in the registry of the court for what will end up being a lesser taking than sought in the condemnation proceeding. A draft deed with exhibit drawing is enclosed for your review. If you have any questions or concerns regarding this information, please do not hesitate —to contact me. - This offer expires June 15, 2011, at the close of business. JK/kew cc: D. Jurgens, K. Wimberly Enclosures Si rely, tA//"? 714 ason B. Kelley Assistant City Attorney Highway 265 Water/Sewer Relocations Project No. 08072 Parcel No. 765-13305-000 Tract No. 8 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Murphy R. Taylor and Betty N. Taylor, husband and wife, 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, does 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, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 93-35488) A strip of land approximately thirty-two (32) feet in width that joins the south end of the real property described herein below and the north boundary line of a strip of land conveyed by the Grantors to the City of Fayetteville, Arkansas, in 1978 for street purposes, which land conveyed to Grantees is described as follows: Part of the Southwest Quarter (SW%) of the Southwest Quarter (SW 4) of Section Thirty-one (31), Township Seventeen (17) North of Range Twenty -Nine (29) West, beginning at a point on the East right-of-way line of State Highway #265, said point being 555.02 feet East and 32.3 feet North of the Southwest corner of said 40 acre tract, running thence North 1 degree 57 minutes East 225.0 feet along the East right of way line of State Highway #265, thence East 324.56 feet; thence along an existing fence line South 1 degree 10 minutes 43 seconds East 230.41 feet; thence North 89 degrees 04 minutes West 337.0 feet to the point of beginning, containing 1.73 acres. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter (SW%) of the Southwest Quarter (SW%) of Section 31, T -17-N, R -29-W, Washington County, Arkansas, being more particularly defined as follows: A thirty (30) foot permanent utility easement of equal and uniform width located within property described in Deed Record 93-35488, said easement being adjacent to the East line of the new proposed right-of-way of Highway 265. This permanent utility easement is shown and dimensioned in detail on the attached Exhibit "A" Map and contains 6,980 square feet (0.16 acres), more or Tess. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A twenty (20) foot temporary construction and grading easement of equal and uniform width located along a portion of the East side of the above permanent water/sewer easement as shown on the attached Exhibit "A" Map. To be noted is that no temporary construction and grading easement is required for any of the area lying West of the front of the existing residence located on this property. This temporary construction and grading easement contains 1,915 square feet (0.08 acres), more or less. The bases of bearings on the attached Exhibit "A" Map are referenced from AHTD Job 040517. 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 pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. WATER/SEWER EASEMENT Page 2 of 2 The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor 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. WITNESS the execution hereof on this the day of , 2011. Murphy R. Taylor Betty N. Taylor 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 Murphy R. Taylor and Betty N. Taylor, husband and wife, to me well known as the persons who executed the foregoing document, and who 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 , 2011. Notary Public MY COMMISSION EXPIRES: SCALE, 1' = 100' Basis of Bearings: Based on the AHTD Job 040517 Coordinate System St. John's Lutheran Church TRACT { 1 I I w1 r �. i I cu f N• I z( I I UTIUTY EASEMENT PLAT TRACT MAP NO. 8 EXHIBIT "A" 1,1 0. W I ^I PUE - 6,980 SQ. FT. (0.16 AC.) TCE - 1,915 SQ. FT. (0.04 AC.) LOT 2 LYNNWOOD ESTATES SUBDIVISION t 1 TRACT SWSW 31-17-29 SW CORNER / c. SWI/4, SWI/4 SECTION 31 ' T -17-N, R -29-W oN":>.- TOWNSJJJp ROAD ?Ir ,Section Line R/ .— • EAST OAKS SUBD. PRASE I N85'47'13"W 238.30' N85•47'13'4/— 10,00' Ny —RAW 587.3.3'25'E - 719 65 / ( I I �I 1 I 0.1 II L1 I I Io I t--1 1c)1 I i N i LOT I LEGEND ""'"777. ' Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13305-000 --- Tax Parcel Number 2008-11669 — Deed Record 25' UE ^� NW CQRNER FRL NW1/4 SECTION 1 T -16-N, R -30-W f LOT / TRACT 2 0 LOT 3 S87.48'04'E LOT 4 REPLAT OF LOTS 1 & 2 OF BLOCK 1 OF CROSSROADS EAST SUBDIVISION Temporary Construction Easement Existing Utility Easement Line PUE Permanent Utility Easement TCE — 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: May 2011 Scale : 1" = 100' No. Revisions Date Project No. 082146 Tract No. 8 AHTD Tract No. 18