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HomeMy WebLinkAbout118-11 RESOLUTIONRESOLUTION NO. 118-11 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY ZARA L. THOMAS, TRUSTEE OF THE ZARA L. THOMAS REVOCABLE TRUST U/D/T NOVEMBER 20, 1998, NEEDED FOR THE UNIVERSITY OF ARKANSAS FARM TRAIL PROJECT WHEREAS, the City of Fayetteville has been unable to agree on a fair price for the portion of property owned by Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust u/d/t November 20, 1998, which is needed for construction of the University of Arkansas Farm Trail Project; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin 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 property located on Parcel No. 765-05140-000 and owned by Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust u/d/t November 20, 1998, that is needed for the construction of the University of Arkansas Farm Trail Project, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: 13 By: I.i' 7. 1 l .1t ti jr j 1.=' �1._'L t �� 4 ' f •ti l' . 1'K_ SONDRA E. SMITH, ciity Clerk/Treatsurer Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements July 5th, 2011 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands owned by Zara L. Thomas Trust that are necessary for the U of A Farm Trail Project. 17, 300.00 Cost of this request 4520.9550.5810.00 Account Number 06036 / 1002 Project Number Budgeted Item x $ 776,574.00 Category / Project Budget 64,612.38 Transportation Bond Trail Improvements U of A Farm Trail (Scull Creek / Agri Park) Program Category / Project Name Trail Improvements Funds Used to Date Program / Project Category Name 711,961.62 Sales Tax Construction Bond Remaining Balance Fund Name Budget Adjustment Attached Cicht • u -i6 Department director Finance and Internal Services Director Chief of Sta Date Date Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 06-16-1 1 P03:43 R C V D Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 a'�tve eville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO City Council Meeting of July 5th, 2011 To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer Gt' From: Matt Mihalevich, Trails Coordinator V1/4/'\- Date: '\Date: June 16, 2011 Subject: Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands owned by Zara L. Thomas Trust that are necessary for the U of A Farm Trail Project. PROPOSAL: The U of A Farm Trail is a 2.3 mile trail connecting the new bike lanes on Mt. Comfort Road east under I-540 across the U of A Farm to connect to Scull Creek Trail (see attached site plan). This highly requested trail will provide a safe alternative transportation route for the numerous residents and businesses west of I-540. The City's in-house trails construction crew is currently finishing the first 3/ mile section of the trail at the west end of the project and will soon be working their way east toward Scull Creek Trail. South of Agri Park, the trail leaves the University of Arkansas property and primarily utilizes existing rights of way on Ernie Jacks Blvd. to extend east to Scull Creek Trail. Staff originally explored locating the trail along the southern edge of the University of Arkansas farm property; however, the trail would require modification of a series of research plots and years of research would be affected. The University was against this location and the City does not have the authority to obtain University property without their approval. The trail alignment along the Ernie Jacks Blvd. right of way is a very good alternative, however the two sections of right of way are split by the Thomas property and a multi -use trail easement is necessary to make this connection. Staff has thoroughly explored other options for the trail alignment including the possibility of utilizing the right of way of Elm Street. After careful review, it was determined that utilizing the Elm Street option would have more impact on the Thomas property and create a less desirable trail alignment. The proposed trail alignment along the north edge of the Thomas property creates the most direct trail alignment with the least amount impact on the property while utilizing a significant amount of existing right of way to the east and west. Over the past several months, staff has been working with Zara Thomas, his family and their attorney Lance Cox to discuss concerns and minimize the impact of the trail on their property. Parrish Appraisals Inc was hired to perform an independent appraisal on the property and a value of $17,300.00 was established for the 14,305 square foot multi -use trail easement. During our negotiations, the Thomas attorney indicated that their concerns are related to security and effect on the use of their property. In response, staff has proposed a 6' tall chain link THE CITY OF FAYETTEVILLE, ARKANSAS fence along the southern edge of the multi -use trail easement. Staff has also reduced the easement size to the smallest possible width to construct the trail and located the trail along the extreme north edge of the Thomas property to reduce the impact of the trail. There will be approximately 500 feet between the proposed trail and the Thomas's house. In addition, based on past experience from other properties with a trail, the trail will actually has a positive impact to the property value and attractiveness especially if the property develops in the future. On April 29th, 2011 the City offered $17,300 in compensation and the fencing in exchange for the multi -use trail easement, however the owners have not agreed to this value and have requested through their attorney that we proceed with the condemnation process so they can express their concerns to the City Council. Staff will continue to negotiate with the property owner to avoid condemnation whenever possible. However, since construction is underway, it is imperative that the multi -use trail easement be acquired in a timely manner so as not to delay the project. RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of a portion of property owned by Zara L. Thomas Trust that are necessary for the U of A Farm Trail. BUDGET IMPACT: The payment for land acquisition will be made from the project budget allocated for the U of A Farm Trail Project, which is funded by the Transportation Bond Trail Improvements Fund. The agenda item staff review form indicates $17,300.00 as the cost of this request. It should be noted that this is an estimate, based on the appraised values of the property, and that the final cost is subject to negotiation with the property owner or by court order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed. A filing fee of $165.00 to the Washington County Circuit Clerk will also be necessary. Attachments: U of A Farm Trail Site Plan, Case History, and property exhibits. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY ZARA L. THOMAS, TRUSTEE OF THE ZARA L. THOMAS REVOCABLE TRUST U/D/T NOVEMBER 20, 1998, NEEDED FOR THE UNIVERSITY OF ARKANSAS FARM TRAIL PROJECT WHEREAS, the City of Fayetteville has been unable to agree on a fair price for the portion of property owned by Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust u/d/t November 20, 1998, which is needed for construction of the University of Arkansas Farm Trail Project; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin 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 property located on Parcel No. 765-05140-000 and owned by Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust u/dlt November 20, 1998, that is needed for the construction of the University of Arkansas Farm Trail Project, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this Stn day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Proposed Tunnel for Trail Under Garland Existing Bike Lanes on Mt. Comfort Road Existing Scull Creek Trail - 7.6 Miles Existing Ernie Jacks Blvd. R.O.W. U of A Farm Trail Scull Creek Trail Bike Lane U of A Farm Trail 2.3 Miles SKle LAND AGENT'S CASE HISTORY Zara L. Thomas, Trustee 920 W. Elm Street 765-05140-000 U of A Farm/Shiloh Trail 1-21-2011 KW mailed out original offer package. 2-8-2011 KW called Mr. Thomas & spoke with him regarding trail — he does not want to do it but is leaving it up to his children. 2-14-2011 KW spoke with Carolyn Thomas Moulton (daughter of Zara L. Thomas) she asked that we mail her the original offer package. KW mailed out original offer package to Carolyn Thomas Moulton at 2239 W. Hatfield St. in Fayetteville. 2-18-2011 KW called Carolyn and she asked that we call her back on Monday 2-28-2011 to schedule on-site meeting. 2-28-2011 3-1-2011 3-2-2011 3-10-2011 3-14-2011 3-17-2011 3-18-2011 KW called Carolyn and left voicemail in the morning and called again at 4:30 & left voicemail with her personal cell phone number in case Carolyn needed to reach her after 5pm. Carolyn returned KW's call at 7:30 pm and discussed trying to meet next week. They requested another copy of original offer package to take to their lawyer. They told KW that they do keep horses in the field and that fencing is a major concern. They still don't understand why the trail can't go on the U of A property — KW has explained to them twice about hnw the experimental field size can't change due to years of data being compromised. KW mailed out two copies of original offer package to Carolyn for their lawyer & her brother. KW left msg for Carolyn at her home. KW left msg for Carolyn at her home. Mr. Thomas's attorney called Chris Brown today — per MM they think offer should be closer to $30,000.00. KW spoke with Mr. Thomas's attorney, Lance Cox, in regards to land swap — existing ROW for the trail easement — interested in discussing he will contact his clients and get back with date & time. 3-31-2011 4-7-2011 4-11-2011 KW scheduled an on site meeting for 3-31-2011 with Lance Cox and the Thomas family. KW & MM met on-site with Thomas Family (Zara Lee, Carolyn — daughter, Mike — son) and their attorney, Lance Cox. We reviewed proposed route and discussed alternate route of existing ROW of Elm Street. They don't want the trail on their property at all. They also don't want to pay taxes on property they can't use so a sale may be preferred over an easement. Our figures were way off compared to theirs — we increased our offer to $11,480.00 ($35,000.00/Acre) but Lance said he got an estimated market value from Parrish Appraisals of approximately $4.50/SF or $60,000.00/Acre. We agreed that an appraisal would be helpful in this case to try to close the gap. KW will request appraisal quotes. KW requested quotes for appraisal (before & after) from Tom Reed, Brett Billings, Mark Risk and Parrish Appraisals. KW emailed Lance Cox to let him know that she requested quotes from four local appraisal firms and informed that Parrish was included. KW received quotes for appraisal: Tom Reed $1,250.00 time frame 3-4 weeks, Brett Billings $850.00 time frame 3 weeks, Mark Risk $1,800.00 with time frame 3 weeks, Parrish Appraisal (submitted by Stuart Sanders) $1,000.00 time frame 5-7 days. KW emailed Stuart Sanders awarding him the project if he includes a statement of no conflict of interest and no work prior to our request for quotes. 4-13-2011 Stuart Sanders accepted work for appraisal and will include requested statement in history section. 4-15-2011 KW emailed Lance Cox to inform him that Parrish Appraisals was awarded the project & that Stuart Sanders said it should take 5-7 business days. KW received appraisal via email from Stuart. The appraisal concluded a just compensation amount of $17,300.00 for the multi- use trail easement. CB & MM approved value and agree to construct a 6' chain link fence for live stock. 4-15-2011 KW called Lance Cox & left msg. 4-19-2011 4-25-2011 4-29-2011 5-16-2011 5-23-2011 5-26-2011 5-27-2011 6-14-2011 KW called Lance Cox & left msg — he is in a trial, followed up with an email regarding revised offer letter for $17,300.00 and the construction of a 6' chain link fence. Stephanie Baker requested a copy of the appraisal for Lance Cox. KW emailed a PDF format of the appraisal. KW mailed out revised offer letter package to Lance Cox & Mr. Thomas. KW emailed Lance Cox to see if had met with the Thomas family in regards to the revised offer letter. KW called Lance Cox and he is going to try to get a hold of the Thomas family and see where they stand. He will call or email KW in a day or so. KW informed him that she would hold off on condemnation prep for a day or two to hear back from him. KW mailed condemnation notification letter to Lance Cox and Zara Lee Thomas. KW received a copy of the letter (via inter -office mail) from Jason Kelley, Assistant City Attorney, to Lance Cox regarding Eminent Domain Usage and City Trails. CB spoke with Lance Cox in regards to the condemnation notification letter. Lance Cox stated that his clients want the opportunity to speak in front of the City Council members. KW communicated with Stephanie Baker via email in regards to the date & time of the City C.ni incil meeting so they can inform their clients when & where to be. KW will email Stephanie a copy of the agenda for the July 5, 2011 City Council meeting after the agenda session on June 25, 2011. Project: U of A Farm Trail Parcel No. 765-05140-000 MULTI -USE TRAIL EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D November 20, 1998, an undivided one half interest and the Mary C. Thomas, Trustee of the Mary C. Thomas Revocable Trust, U/D Novermber 20, 1998, an undivided on half interest, 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, do 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 to construct, maintain, repair and/or replace a multi- use trail for public access, together with all appurtenances thereto including lighting, on, over, across, and through the following described land situated in the County of Washington, State of Arkansas, to -wit: Property Description: The North one-half of Block Three (3) containing five (5) acres, in Section Four (4), Township Sixteen (16) North, Range Thirty (30) West, reserving all streets and alleys as designated and shown by the plat on file at the Circuit Clerk's Office at Fayetteville, Arkansas; the said lands being also described as the North Half of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Four (4), Township Sixteen (16), Range Thirty (30) West of the 5m Principal Meridian, ALSO, the Southwest Quarter of Block Three (3) containing two and one-half (21/2) acres, In Section Four (4), Township Sixteen (16) North, range Thirty (30) West, reserving all streets and alleys as designated and shown by the plat on file at the Circuit Clerk's Office at Fayetteville, Arkansas; the said lands being also described as the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Four (4), Township Sixteen (16) North, Range Thirty (30) West of the 5th Principal Meridian. Trail Easement Description: A part of the Northwest Quarter (NW %) of the Southwest Quarter (SW 1/4) of Fractional Section Four (4), Township Sixteen (16) North, Range Thirty (30) West, being a part of the North One -Half (N 1/2) of Block Three (3), of Evin's Farm a subdivision to the City of Fayetteville Washiton Cb follows: ngo nty, Arkansas -einn more particularly described as A 20 foot wide strip of land Tying 10 feet on each side of a centerline; said strip being across a property described in Instrument Number 98-103467 as filed with the Circuit Clerk of said county; the sidelines of said easement to be extended or shortened to terminate at the Easterly and Westerly boundaries of said property described in Instrument Number 98-103467; the centerline of said strip described as follows: Commencing at the Northeast corner of said Northwest Quarter (NW %) of the Southwest Quarter (SW %) of said Fractional Section Four (4); thence along the Northerly line of said forty (40) acre tract North 86°57'17" West 20.00 feet to the Northeast corner of said property described in said Instrument Number 98-103467; thence along the Easterly line of said property South 02°43'41" West 10.00 feet to the Point of Beginning; thence leaving said Easterly line the following courses: North 86°57'17" West 594.77 feet; South 58°35'50" West 22.42 feet; South 35°30'17" West 27.97 feet; South 03°02'43" West 60.10 feet; North 86°57'17" West 10.00 feet to the Westerly line of said property described in Instrument Number 98-103467, being the terminus, containing 14,305 square feet, more or less. 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. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement MULTI -USE TRAIL EASEMENT Page 2 of 2 is relinquished, abandoned or vacated and so long as such multi -use trail and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The Grantor agrees not to erect any buildings or structures in said permanent 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 day of , 2011. STATE OF ARKANSAS COUNTY OF 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 Zara L.Thomas, Trustee of the Tara I L. Thomas Revocahle Trust, y � personally appear -d U/D November 20, 1998, and Mary C. Thomas, Trustee of the Mary C. Thomas Revocable Trust, U/D November 20, 1998 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: P.O.C. NE Corner NW 1/4, SW 1/4 Fractional Sec. 4 T -16-N, R -30-W N86°57'17'\ 20.00' 765-13553-000-000 UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES Bk. 182, Pg. 502 6 505 SW 1/4, NW 1/4 Fractional Sec. 4 T -16-N, R -30-W S02°43'41"W 1 10.00' P.O.B i R/W N86'57'17'W 594.77' CENTERLINE OF 20' MULTI -TRAIL EASEMENT S58'35'50'W 22.42' S35'30'17'W 27.97' LEVERETT AVE. 40 -ACRE IL N86'S7'17'W S03.02_43•wj 765-05141-000 BOBBY J. MAYES; JOHN M. MAYES Inst. No. 99-93414 Bk. 1059, Pg. 954 Part Block 4, Evin's Farm ERNIE JACKS BLVD X Not to Scale 765-05140-000 ZARA L. THOMAS, TRUSTEE of the ZARA L. THOMAS REVOCABLE TRUST, U/D INSTRUMENT Na 98-103467 Block 3, Evin's Farn NW 1/4, SW 1/4 Fractional Sec. 4 T -16-N, R -30-W 31E 20' ALLEY VACATED PER ORDINANCE No. 3700 FILED WITH WASHINGTON COUNTY, ARKANSAS CIRCUIT CLERK AS INSTRUMENT No. 93-25195. A UTILITY EASEMENT WAS RESERVED WITHIN SAID VACATED ALLEY PER SAID ORDINANCE 10.00' r-20' VACATED ALLEY* EXHIBIT MAR. 2011 MULTI—USE TRAIL EASEMENT PROPERTY OWNERS: ZARA L. THOMAS. TRUSTEE of the ZARA L. THOMAS REVOCABLE TRUST. U/O THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 ARKANSAS www.accessfayetteville.org January 20, 2010 Zara L. Thomas, Trustee Mary C. Thomas, Trustee 920 W Elm Street Fayetteville, AR 72704-2109 RE: Multi -Use Trail Easement Parcel No. 765-05140-000 Offer Letter Dear Mr. & Mrs. Thomas, As you may be aware, the City of Fayetteville is in the process of acquiring Multi - Use Trail Easements for the U of A Farm Trail. A portion of this multi -use trail is planned to be constructed across the northern edge of property owned by the Zara L. Thomas Revocable Trust and the Mary C. Thomas Revocable Trust. This multi -use trail will be 12 feet in width and paved. This important trail link will connect the prominent Scull Creek Trail west along parts of the U of A Farm and will continue west under the I-540/Porter Road overpass. This highly required trail connection will allow residents west of 1-540 to access Scull Creek Trail and the popular destinations which it leads to. When the U of A Farm Trail is completed the residents and visitors of Fayetteville will have a continuous west/east route of alternate transportation from 1-540 to Old Missouri Road with this link, Scull Creek Trail and Mud Creek Trail. The City of Fayetteville is requesting to purchase a permanent multi -use trail easement as shown on the attached easement plat. The City of Fayetteville hereby offers the Zara L. Revocable Trust and the Mary C. Thomas Revocable Trust $3,300.00 for the permanent multi -use trail easement (14,305 square feet). Two copies of the Multi -Use Trail Easement and plat thereof are enclosed. Should you elect to accept this offer a copy of the Multi -Use Trail Easement contained herein should be executed by all parties with a current ownership interest in the particular property. This document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the document if you advise our office accordingly. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 The second copy is included for your records. Also enclosed is a vendor form to provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be processed. Kem Wimberly, Land Agent, will be happy to meet with you at your convenience to discuss this project and the associated easements and acquisitions. You may contact her at (479) 444-3415. Sincerely, Chris Brown, P.E. City Engineer CB/kew Enclosures a�F verille THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 ARKANSAS www.accessfayetteviile.org April 29, 2011 Zara L. Thomas, Trustee 920 W Elm Street Fayetteville, AR 72704-2109 RE: Multi -Use Trail Easement Parcel No. 765-05140-000 Revised Offer Letter Dear Mr. Thomas, The City of Fayetteville hired Parrish Appraisal's Inc. to perform an appraisal on your property for a just compensation amount in association with the proposed multi -use trail easement along the northern edge of your property. The report indicates a just compensation amount of $17,300.00 for the multi -use trail easement. The City of Fayetteville hereby offers the Zara L. Revocable Trust and the Mary C. Thomas Revocable Trust $17,300.00 for the permanent multi -use trail easement (14,305 square feet). The City of Fayetteville will also construct a chain Zink fence six (6) feet in height along the south edge of the multi -use trail easement for the containment and safety of any livestock on the property. Two copies of the Multi -Use Trail Easement and plat thereof are enclosed. Should you elect to accept this offer a copy of the Multi -Use Trail Easement contained herein should be executed by all parties with a current ownership interest in the particular property. This document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the document if you advise our office accordingly. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 The second copy is included for your records. Also enclosed is a vendor form to provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be processed. Kem Wimberly, Land Agent, will be happy to meet with you at your convenience to discuss this project and the associated easements and acquisitions. You may contact her at (479) 444-3415. Sincerely, ri Chris Brown, P.E. City Engineer CB/kew Enclosures THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 ARKANSAS www.accessfayetteville.org May 26, 2011 S. Lance Cox Cox, Cox & Estes, PLLC Arvest Bank Plaza 75 N East Ave. Ste. 400 Fayetteville, AR 72701 RE: U of A Farm Trail Multi -Use Trail Easement Parcel Number 765-05140-000 Notification Dear Mr. Cox: Subsequent to numerous discussions with you and/or your clients, the Thomas Family, and various correspondence since the original mailing of January 21, 2011, as of the date of this letter the City of Fayetteville has not received signed documents for the multi -use trail easement across the Thomas property. Time is running out for negotiations on this project, since construction has started on another segment of this project. As per your recent telephone conversation with Kem Wimberly, Land Agent, Staff will be placing this parcel On the City Council Agenda to request condemnation proceedings at the June 21, 2011 Fayetteville City Council Meeting. June 3, 2011 is the deadline for submittal of paperwork to be placed on the June 21, 2011 Council Agenda; therefore if we do not have the signed documents by this date we will proceed with the City Council request. The City Council meeting will be held on June 21, 2011 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas,You or your representative are welcomed to attend. Upon approval by the City Council, procedures will be started by the City Attorney's office to obtain a writ of possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. If you have any questions or concerns about the information sent to you, please do not hesitate to call. Kem Wimberly, Land Agent, will be happy to meet with you at your convenience and discuss all phases of this project and associated easements and acquisitions. Her direct line is (479) 444-341=5. If you do not have any questions or concerns and elect to accept our offer, please coordinate with your clients to execute the accompanying documents and vendor form and return them to the City of Fayetteville. The documents must be executed be all parties with current ownership interests in the particular property and notarized. Sincerely, Chris Brown, P.E. City Engineer CB/kew Copy: Zara L. Thomas, Trustee Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 CHECK REQUEST Date: 05 -Jul -11 Vendor Number: 12470 Payable to: Washington County Circuit Clerk Washington County Courhouse 280 N. College Ave. Suite 302 Fayetteville, AR 72701 Manual Check Mail Yes No X Return Check to: Peggy Bell followed by Matt Mihalevich Send Copy to: For: Full property appraised value for the condemnation and possession of parcel number 765-05140-000 for a permanent Separate Check Code B multi -use trail easement (U of A Farm Trail) Payable From: Fund Name Sales Tax Construction Charged as follows: Bank Number 452 Amount of Check $ 17300.00 Account Name Amount Fund Dept Sub Dept Base Detail Project Sub Project Easements 17,300.00 4520 9550 5810 00 06036 1002 TOTAL $17,300.00 Prepared by: Ginny Gundlach Approved by: Entered: G/L Account Number Key Code Accounting Use - Receipting X Additional Approval: Does Not Meet Purchasing Policy Contract Payment Other Approved: CHECK REQUEST Date: 05 -Jul -11 Vendor Number: 12470 Payable to: Washington County Circuit Clerk For: Washington County Courhouse 280 N. College Ave, Suite 302 Fayetteville, AR 72701 Manual Check Mail Yes No n Return Check to: Peggy Bell followed by Matt Mihalevich Send Copy to: Filing fees for the condemnation and possession of parcel number 765-05140-000 for a permanent multi -use trail easement Separate Check Code B Payable From: Fund Name Sales Tax Construction Charged as follows: Bank Number 452 Amount of Check $ 165.00 Account Name Amount _ Fund Dept Sub Dept Base Detail Project Sub Project Easements 165.00 4520 9550 5810 00 06036 1002 TOTAL $165.00 Prepared by: Ginny Gundlach Approved by: _ Entered: Accounting Use - Receipting GIL Account Number Key Code X Additional Approval: Does Not Meet Purchasing Policy Contract Payment Other Approved: