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Home My WebLink About141-12 RESOLUTIONRESOLUTION NO. 141-12 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY RICHARD E. & DOROTHY BROWN, BILL R. & DORIS A. KISOR, WOLFREDRICK & SERENA MCMICHAEL, SM-WLJ FAC OWNER INC., PCC PROPERTIES LLC, PRESBYTERY OF ARKANSAS, AND DUNNERSTOCK DEVELOPMENT, INC. NEEDED FOR WATER AND SEWER RELOCATIONS ALONG ARKANSAS STATE HIGHWAY 265 BETWEEN JOYCE BOULEVARD AND THE NORTHERN CITY LIMITS WHEREAS, the City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for easements to facilitate water and sewer relocations, and WHEREAS, the City of Fayetteville needs to gain possession of these property promptly to begin work on water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. 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 or near Arkansas State Highway 265 and owned by Richard E. & Dorothy Brown that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 2. 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 or near Arkansas State Highway 265 and owned by Bill R. & Doris A. Kisor that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 3. 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 or near Arkansas State Highway 265 and owned by Wolfredrick & Serena McMichael that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 4. 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 or near Arkansas State Highway 265 and owned by SM-WLJ FAC Owner, Inc. that is needed for a Page 2 Resolution No. 141-12 utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 5. 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 or near Arkansas State Highway 265 and owned by PCC Properties LLC that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 6. 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 or near Arkansas State Highway 265 and owned by Presbytery of Arkansas that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 7. 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 or near Arkansas State Highway 265 and owned by Dunnerstock Development, Inc. that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 3rd day of July, 2012. APPROVED: Bv: rteit2 ONELD . AN, Mayor ATTEST: By: 4114704.4 . SONDRA E. SMITH, City Clerk/Treasurer aereetvrsP�ea, 4.'Si'' o : FAYETTEVILL 10741410145 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/3/2012 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Department Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands necessary for the Water and Sewer Relocation Project required by the Arkansas Highway and Transportation Department's Highway 265 widening project between Joyce Boulevard and the northern City limits. 67,690 Cost of this request 5400.5600.5810.00 Account Number 08072.1102 Project Number 1,685,327 Category / Project Budget 1,060,873 Hwy 265 Water/Sewer Relocation Program Category / Project Name Land Acquisition Funds Used to Date Program / Project Category Name 624,454 Water and Sewer Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached D(, Depa ent D ector . I Ci ' • ' orney Rai and Internal Services Director inance and Internal Services Director Chief of Sta Mayo L5 3. 0n4 t L Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number: Date QIC-i12—te -0i Date ate Receivedintl"ty15-1 2 P01 :37 RCVD Clerk's Office l� Received in Mayor's Office Comments: Revised January 15, 2009 le CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 3, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff i. From: David Jurgens, Utilities Director Water/Sewer Committee Date: June 15, 2012 Subject: Crossover Road - Northern Section - Water and Sewer Relocation Easement Condemnations RECOMMENDATION Staff recommends a resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Highway 265 (Crossover Road), north section, for the Arkansas Highway and Transportation Department (AHTD) widening project between Joyce Boulevard and the northern City limits. The properties are owned by the individuals and/or organizations listed on the attached pages. BACKGROUND The AHTD is widening Crossover Road (Highway 265) between Joyce Boulevard and the northern City limits. Due to AHTD's acquisition of additional right-of-way to widen the road, utility lines must be 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. DISCUSSION Staff has acquired easements from 11 of 23 owners. We also have agreement from three more, but have not received the signed documents. We do not yet have full agreement from the remaining owners. These owners are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Negotiations are still underway and are expected to succeed with most of the owners, but the timing is such that we must proceed with the Tract (Owner) Initial Offer Tract 4 (Brown) $10,785 Tract 5 (Kisor) $6,575 Tract 11 (McMichael) $345 Tract 16 (Benevolent Building) $18,970 Tract 17 (SM-WLJ FAC) $14,545 Tract 20 (PCC Properties) $2,825 Tract 22 (Presbytery) $13,645 Tract 25 (Dunnerstock Dev.) No compensation Total $ 67,690 BUDGET IMPACT The payment for land acquisition is made from the Highway 265 Water/Sewer Relocations project budget. The $67,690 is an estimate; the final cost is subject to negotiation with the property owners or by court order. If we go to court, the appraised value will be deposited into the Registry of the Circuit Court as just compensation. Attachments: Case history and property exhibit for each tract Condemnation Hwy 265N CC Memo Jun12 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY RICHARD E. & DOROTHY BROWN, BILL R. & DORIS A. KISOR, WOLFREDRICK & SERENA MCMICHAEL, SM-WLJ FAC OWNER INC., PCC PROPERTIES LLC, PRESBYTERY OF ARKANSAS, AND DUNNERSTOCK DEVELOPMENT, INC. NEEDED FOR WATER AND SEWER RELOCATIONS ALONG ARKANSAS STATE HIGHWAY 265 BETWEEN JOYCE BOULEVARD AND THE NORTHERN CITY LIMITS WHEREAS, the City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for easements to facilitate water and sewer relocations, and WHEREAS, the City of Fayetteville needs to gain possession of these property promptly to begin work on water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. 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 or near Arkansas State Highway 265 and owned by Richard E. & Dorothy Brown that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 2. 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 or near Arkansas State Highway 265 and owned by Bill R. & Doris A. Kisor that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 3. 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 or near Arkansas State Highway 265 and owned by Wolfredrick & Serena McMichael that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 4. 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 or near Arkansas State Highway 265 and owned by SM-WLJ FAC Owner, Inc. that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 5. 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 or near Arkansas State Highway 265 and owned by PCC Properties LLC that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 6. 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 or near Arkansas State Highway 265 and owned by Presbytery of Arkansas that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 7. 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 or near Arkansas State Highway 265 and owned by Dunnerstock Development, Inc. that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 3rd day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CASE HISTORY Hwy. 265 North Tract 4: Richard E. & Dorothy Brown 4/11/12 Offer packet mailed including offer letter ($10,785.00), proposed easement, and exhibit. 5/21/12 Reminder letter sent. 5/25/12 HJ met with the Browns on site. 6/12/12 The Browns are supposedly talking to "the engineers" (Robert White w/ McClelland?). Paperwork not yet signed, but is expected. '7d S88°03'33'E — 421.45' \ \ F NW CORNER NW(/4, NWI/4 SECTION 30 T -17—N, R -29—W TRACT O UTILITY EASEMENT PLAT TRACT MAP NO. 4 EXHIBIT "A" m 1 iti S87.49'411Ei,,�-�- 22.35' 4i. \ rr Y S87°49'41'E 1 •2._ t 'A \ rta .\ 1` '\ i N87°49"4 'W — 16.08'1l \ \ 143 1sN_ f o\ \ �\ \ PUE -- 4,785 SQ. FT. (0.11 AC.) TCE — 3,439 SQ. FT. (0.08 AC.) N88.03'33'W — 911.58' NE CORNER NW1/4, NW1/4 SECTION 30 T -17—N, R -29—W SCALED 1' = 100' TRACT NWNW 30-17-29 Basis of Bearings: Based on the AHTD Job 040518 Coordinate System N87°49'41'W — 362.53' WNWTRACT 30-17-29 0 (9 »01 rT �9. N87.49'41"W\ '.\4\, \" '- 26.07' N88°25'13'W 20 U.E. MILLENNIUM PLACE COMMERCIAL SUBDIVISION A, LOT LEGEND 10 Permanent Utility Easement • — Corner of Permanent Utility Easement 765-13240-003 — Tax Parcel Number 94-20604 — Deed Record PUE — TCE — Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Richard & Dorothy Brown Drown by : McCleitond Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: March 2012 Scale : 1" = 100' No.I Revisions I Dote Project No. 112118 AHTD Tract No. 4 Tract No. 4 CASE HISTORY Hwy. 265 North Tract 5: Bill R. and Doris A. Kisor 4/11/12 Offer packet mailed including offer letter ($6,575.00), proposed easement, and exhibit. 4/23/12 Bill Kisor called. He said that AHTD took nearly 540 trees and that our easement will take at least 150 more. He has already settled with the gas company. Gas said they would not take out trees but would bore. Mr. Kisor is convinced that the trees will still die. HJ to call. 5/16/12 HJ called Mr. Kisor and informed him that the City of Fayetteville will also bore under trees. HJ tried to assure him that they would be okay. He is still convinced that they will all die. HJ to meet with Mr. Kisor. 5/18/12 HJ tried to set up an appointment to meet, but Mr. Kisor is putting it off. 5/29/12 HJ and Shannon Jones met at Mr. Kisor's office (Fayetteville Mechanical). He is taking everything to his attorney (Larry McCready). HJ will get a copy of the plans from McClelland for Mr. Kisor. Mr. Kisor is not open to discussion with the City and is in condemnation with AHTD. 6/1/12 Notification letter sent. 6/6/12 Larry McCready, Mr. Kisor's attorney called. He would like to settle. He wanted to know all the details about the easement and will probably talk to Kisor about presenting a counter offer. 6/12/12 Put on list of potential condemnations as will probably need Order of Possession before issue is settled. PUE - 6,725 SQ. FT. (0.15 AC.) TCE - 2,634 SQ. FT. (0.06 AC.) THIS TCE SQUARE FOOTAGE COVERS ONLY THE TCE SHOWN ON THIS EXHIBIT MAP o 1 SCALD 11 = 100' SWSW 19-17-29 Section 19 Section 30 UTILITY EASEMENT PLAT TRACT MAP NO. 5 FSEE MAP 2 EXHIBIT "A" Basis of Beorings: Based on the AHTD Job 040518 Coordinate System Bill & Doris Kisor TRACT MAP 1 OF 2 S881031331E 22.30' S.88°03'33'E - 399,14' i I I I I I 20' X 20' PUE • r I " • ( TRACT NW CORNER N W1/4. NW1/4 SECTION 30 T -17-N, R -29-W NWNW 30-17-29 Bill & Doris Kisor TRACT N87°49'41W \ \ "P TRACT0 \ LEGEND Permanent Utility Easement • Corner of Permanent Utility Easement 765-13240-002 — Tax Parcel Number 200277953-56 — Deed Record PUE — TCE — \ N87149'41'4/ 38.43' Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Bill & Doris Kisor Drawn by : McClelland Consulting EngineersLp Project Nome : Ar Hwy 265 W/S Line Relocotion Date: March 2012 Scale : 1" = 100' Project No. 112118 AHTD Tract No. 5 No.I Revisions I Dote Tract No. 5 MAP 2OF2 1°58'32 TEMPORARY CONSTRUCTION EASEMENT PLAT TRACT MAP NO. 5 EXHIBIT "A" S87°38'08 -E - 462.91' TCE — 758 SQ. FT. (0.02 AC.) THIS TGE SQUARE FOOTAGE COVERS ONLY THE TCE SHOWN ON THIS EXHIBIT MAP SWSW 19-17-29 Bill & Doris Kisor S85'55107'E 33.79' / GORDON LONG l DRIVE / N85.56'0711,/ 18.17' TRACT Section 11 Section 30 SW CORNER SW1/4, SW1/4 SECTION 19 T -17—N, R -29—W SEE MAP 1 SCALE' 1' = 40' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System LEGEND Temporary 0 — Corner of Permanent Utility Easement 765-13234-000 — Tax Parcel Number 2002-36547 — Deed Record Construction Easement PUE — TCE — Existing Utility Easement Line Permonent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Woter & Sewer Deportment Property Owner : Bill & Doris Kisor Drown by : McClelland Consulting Engineers Project Nome : Ar Hwy 265 W/S Line Relocation Date: March 2012 Scale : 1" = 40' Revisions Dote Project No. 112118 AHTD Tract No. 5 Tract No. 5 CASE HISTORY Hwy. 265 North Tract 11: Wolfredrick and Serena McMichael 4/11/12 Offer packet mailed including offer letter ($345.00), proposed easement, and exhibit. 5/21/12 Reminder letter (with copy of original packet) sent to 1784 Balboa St., Eugene OR 97408 (last know address per Anywho) as the Springdale AR address was sold years ago. 6/1/12 Notification letter sent to Eugene OR. 6/12/12 Phone call from Serena McMichael. At her request, HJ sent copies of the plans and the aerial image. She may request more money. Planning on sending in signed paperwork by end of the month. SCALES 1' = 40' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System / 4/ / 44. UTILITY EASEMENT PLAT TRACT MAP NO. 11 EXHIBIT 'A" `4 4 NW CORNER LOT 1 STERLING ESTATES Plat Record 13-26 PUE - 547 SQ. FT. (0.01 AC.) TCE - ( NONE ) STERLING ESTATES CH = N 74'22'41' W STERy1NG R = 124.50' COURT L = 22.88' CL = 22.85' R w LOT 12 / LOT 11 LEGEND Permanent Utility Easement • — Corner of Permanent Utility Eosement 765-18640-000 — Tax Parcel Number 2004-39958 — Deed Record PUE — TCE — LOT 10 Temporary Construction Eosement Existing Utility Easement Line Permanent Utility Easement Temporory Construction Eosement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Wolfredrick & Sereno McMichael Drawn by ; McClelland Consulting Engineers Date: Murch 2012 Scale : 1" = 40' Project Name : Ar Hwy 265 W/S Line Relocation No.l Revisions 1 Date Project No. 112118 AHTD Tract No. 11 Tract No. 11 CASE HISTORY Hwy. 265 North Tract 16: Benevolent Building Corporation (Elks Lodge) 4/11/12 Offer packet mailed including offer letter ($18,970.00), proposed easement, and exhibit. 5/21/12 Reminder letter sent. 5/25/12 Call from Tammie Shelly with Elks Lodge. Board members want to meet on 5/30/12. 5/30/12 HJ met on site. Members concerned about landscaping in easement. There is a Tight pole at the edge of the easement. They will present counter offer. 6/4/12 McClelland to stake easement and provide tree count. 6/12/12 Paperwork not yet signed. Counter offer not yet received. ( MAP 1 OF2 1 11 Pl z UTILITY EASEMENT PLAT TRACT MAP NO. 16 EXHIBIT "A" PUE 16,403 SQ. FT. (0.38 AC:) TCE - 6,408 SQ. FT. (0.15 AC.) 1 NORTH LINE OF ELKS ADDITIO 20' U.E. S88'19'53'E _ S88°19'S3'E Ld 1 N 6 1 1 I I I 1 1 I I I I Iz Ix w NW CORNER ELKS ADDITION Plat Record 12-100 43 00 TRACT ELKS ADDITION Plat Record 12-100 Benevolent Building Corportation W • o Z SCALE! 1' = 60' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System ENLARGED AREA N88.42'52'W NOT TO SCALE 5.00' M %Cli 03 • N O '4 �J S88.19'53 -E 15.00' RAN I7AL PLACE N87°14'30'W 1 1 S88.19'S3'E Lam_ 1 - N88°19'53'1,/ SW CORNER I SE1/4, NW1/4 SECTION 19 T -17-N, R -29-W 1' i LEGEND N88.19'53'4/ 23.74' Permanent Utility Easement • — Corner of Permanent Utility Easement 765-18592-000 — Tax Parcel Number 93-05011 — Deed Record PUE --- TCE N88'19'53'1,41 1.37' SW CORNER SE1/4, NW1/4 SECTION 19 T -17-N, R -29-W Temporary Construction Easement Existing Utility Eosement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Benevolent Building Corportation Drown by : McClelland Consulting Engineers Project Nome : Ar Hwy 265 W/S Line Relocation Date: March 2012 Scale : 1" = 60' No. Revisions Date Project No. 112118 AHTD Tract No. 21 Tract No. 16 MAP2OF2 N UTIUTY EASEMENT PLAT TRACT MAP NO. 16 EXHIBIT "A" 10'/ICE PUE -- 16,403 SQ. FT. (0.38 AC.) TCE – 6,408 SQ. FT. (0.15 AC.) '‘--10' X 20' PUE EX. 20' tJ.E. ZION ROAD SCALED 1'" = 60' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System I CO ni N89°06'08'E 45.82' --....... RSR EX. 25' U.E. N88.32'40'W 225.00' SENW 19-17-29 TCE NORTH LINE OF ELKS ADDITION EX. 20' U.E. NW CORNER ELKS ADDITION Plot Record 12-100 TRACT SEF MAP 1 ELKS ADDITION Piot Record 12-100 SW CORNER SE1/4, NW1/4 SECTION 19 T -17–N, R -29–W LEGEND Permanent Utility Easement Corner of Permonent Utility Easement 765-18592-000 — Tax Parcel Number 93-05011 — Deed Record PUE — TCE — S88°I9'S3'E — .Benevolent Building Corportation NO. DIRECTION DISTANCE Ll N 88°19'53' W 40.52' L2 N 55°02'48' E 20.88' Temporory Construction Easement Existing Utility Easement Line Permonent Utility Easement Temporory Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : Benevolent Building Corportation Drawn by McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: March 2012 Scale : 1" = 60' No.l Revisions Dote Project No. 112118 AHTD Tract No. 21 Tract No. 16 CASE HISTORY Hwy. 265 North Tract 17: SM-WLJ FAC Owner Inc. 4/11/12 Offer packet mailed including offer letter ($14,545.00), proposed easement, and exhibit. 5/21/12 Reminder letter sent. 6/1/12 Notification letter sent. 6/12/12 No mailings have been returned. No contact with the new owners of FAC. Shannon Jones was to have talked to someone local who worked at FAC, but have received no additional information. PUE - 3.887 SQ. FT. (0.09 AC.) TCE - 4,823 SQ. FT. (0.11 AC) UTILITY EASEMENT PLAT TRACT MAP NO. 17 NOTE: DUE TO 15' OF ADDITIONAL R/W EXHIBIT "A" DEDICATION ( 95-20251 & 2004-30405 ) I I THIS PLATTED 30' U.E. HAS BEEN REDUCED TO ITS CURRENT WIDTH OF 15' 1 1 j I i 1 I EX. 28' U.E. RAF— — - — • — . RANDAL PLACE S87°1.4'30't TRACT 1! HARB-CO PLACE SUBDIVISION I I i 1 N87°14'30'W 125,57' EX. 10' U.E. TRACT TRACT NE CORNER NW1/4, SW1/4 SECTION 30 T -17-N. R -29--W . . EX, 20' U.E. ••••.,„".;.•,',„J ORIGINAL 4 IPUE1 12 NE CORNER 1 1 TRACT 1 11 HARD -CO PLACE , 1 SUBD. 11 11 " .1 1 11 1 '1 1 I 1 4 111 4-11 FAYETTEVILLE ATHLETIC CLUB SM—WLJ FAC Owner, Inc. S87°14'30'E - 10,00' NO. DIRECTION DISTANCE @ N 0204'29' E 10.00' 0 S 87°14'30' E 10.00' S87•55'31sE 61.23' . . EX. 25' U.E. 0 CH= S0439.16"V 136a401 L = 160,22' CL = 160,13' TRACT SCALE, 1 = 100' ZION ROAD N87°55'31'‘,/ 70.27' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System 17.77.777.7:1 EX. 20' I.E. \ • "1• CH = N04`27'49'E R = 1352.40' L = 150.03' CL = 149.96' FRAC I VALERO r - I LEGEND Permonent Utility Easement • — Corner of Permanent Utility Easement 765-06167-001 — Tax Porcel Number 2011-09759 — Deed Record PUE — TCE CITY OF FAYETTEVILLE Water & Sewer Deportment Property Owner : SM-WLJ FAC Owners, inc. Drawn by : Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement Project Name : Ar Hwy 265 W/S Line Relocation McClelland Consulting Engineerszp Date: Morch 2012 Scale : 1" = 100' No. Revisions I Dote Project No. 112118 AHTD Tract No. 16 Tract No. 17 CASE HISTORY Hwy. 265 North Tract 20: PCC Properties LLC (Nelson Berna Funeral Home) 4/11/12 Offer packet mailed including offer letter ($2,825.00), proposed easement, and exhibit. (Mailed to Ray Smith, attorney for Scott Berna) 4/20/12 Ray Smith called and requested a copy of the plans. HJ hand - delivered. 5/8/12 Doug Hemingway, surveyor, came in to review the plans. 5/9/12 Doug Hemingway came in again with a couple more questions. 6/1/12 Notification letter sent. 6/12/12 Paperwork not yet signed. No further contact. PUC - 2,163 SQ. FT. (0.05 AC.) TCE - 400 SQ. FT. (0.01 AC.) SCALE' = 60' k \ i 1 1 I I I / - its co 1 UTILITY EASEMENT PLAT TRACT MAP NO. 20 EXHIBIT "A" ; I SENW S7•2752'E 1S87•27'52'E 0' 19-17-29 20.00' TRACT 0 S87'27'52'E - 12,20' Bosis of Bearings: Based on the AHTD Job 040518 Coordinate System S87•27'52'E gi 10' TCE 10 ;k7 -1-0e- puE x 20, int7:1„,„t _j 1:4 T875;06'0erv., S89°06'08'W _ I \ I SW CORNER SE1/4, NW1/4 SECTION 19 T -17-N, R -29-W 17777=79 LEGEND Permanent Utility Eosement • Corner of Permanent Utility Eosement 765-13211-000 — Tax Parcel Number 2002-121625 — Deed Record EX. 2V U.E. TRACT PUE — TCE — TRACT EX. 20U.E. —"' "'"' --.R/W ZION ROAD PUE NO. DIRECTION DISTANCE Ll S 89°06'08" W 13,53' L2 N 89°06'08' E 20.00' L3 S 02°19'58' W 10.00' L4 S 89°06'08' W 20.00' L5 N 02°19'58' E 10.00' Temporory Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporory Construction Easement CITY OF FAYETTEVILLE Water & Sewer Department Property Owner : PCC Properties, LLC Drown by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Dote: March 2012 Scale : 1" = 60' No. Revisions 1 Dote Project No. 112118 AHTD Tract No. 21 Tract No. 20 CASE HISTORY Hwy. 265 North Tract 22: Presbytery of Arkansas 4/11/12 Offer packet mailed including offer letter ($13,645.00), proposed easement, and exhibit. 5/4/12 Packet returned. Re -sent to 9221 N. Rodney Parham Rd., Little Rock, AR. 5/21/12 Reminder letter sent. 5/30/12 Bill Galbraith, General Presbyter, called to set up appointment. 6/5/12 HJ met with Bill Galbraith and Bill Bradley on site. Explained options for building concerns about north side of property, showed them floodplain and unbuildable area. They want to converse with the Board next week in Little Rock. 6/12/12 Paperwork not yet signed. No further contact. t F 1 ! % s "EE MAP 2 NW CORNER SE1/4, NW1/4 SECTION 19 T -17-N, R -29-W I tL € taw ' z i # # w• TRACT I ,� z 18 I U; 7 t.nJ � ter I I I I # 1 I � I t a I # n : '44Th i AREA ENLARGED NOT TO SCALE S88°38'11 -E -` •� 21,71' UTILITY EASEMENT PLAT PUE 13,644 SQ. fT. {0:31 AC.) TRACT MAP NO. 22 °' EXHIBIT „A„2,084 SO. FT. (0:05 AC.) w TRACT NENW +► 22 19-17-29 M � N88.38'11'W SCALES 1' = 50' 20,00' S8838'11 'E o I0jNZ IN OJ I' 311!1 C0 001 -4• k we bE AREA ENLARGED NOT TO SCALE U7 FROM 40 CORNER S88 38'I1'E 1 21.71' 3 19.12' ON w MN Lr. U' .-1 st 1 M V1 SENW� 19-17-29 TRACT 22 CU X6¢ 0 1S•10, 0$ Cu z Presbytery of Arkansas 1 T . ;I I ! 11, f TRACT �1+�4fpoSy� LEGEND Basis of Bearings: Based on the AHTD Job 040518 Coordinate System Permanent Utility Easement•j Temporary Construction Easement • Corner of Permanent Utility Easement - - • - - • - Existing Utility Easement Line 765-13209-003 & 765-13209-005 — Tax Parcel Number PUE — Permanent Utility Easement 9543431-32 — Deed Record TCE — Temporary Construction Easement I CITYOF Property Owner : Presbytery of Arkansas Project Name : Qrown by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEVILLE Date: March 2012 Scale : 1" = 50' No' Revisions Water & Sewer Deportment Project No. 112118 AHTD Tract No. 26 Tract No. 22 1\ w ! 1 1 io �1 ! TRACTI I! I is { } sa \ I r NW CORNER SE1/4, NWI/4 SECTION 19 T -17—N, R -29—W 4 i 1�lI S88'12'42'EE � i I € f I S88°38'11E --. 21.71' 1 UTILITY EASEMENT PLAT TRACT MAP NO. 22 EXHIBIT "A„ 20' PUE - 13,644 SO.AC) TCE - 2.084 SO. FT. {0.05 AC.) MAP 2 OF 2 ! TRACT LOT 119 I 'I EfR ISin w • z •I t / A� L° .. ... I l titi�1 poi LEGEND W SCALD 1' = 501 TRACT 22 Presbytery of Arkansas SEE MAP 1 FOR DIMENSIONS IN THIS AREA S8838'11E S87°01'53'E M ON SENW 6 19-17-29 NENW 19-17-29 Permanent Utility Easement Temporary Construction Easement 0 Corner of Permanent Utility Easement — -- — Existing Utility Easement Line 765-13209-003 & 765-13209-005 — Tax Parcel Number PUE — Permanent Utility Easement 9543431-32 — Deed Record TCE — Temporary Construction Easement CCITProperty Owner : Presbytery of Arkansas Project Name : V Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEVILLE I�tr�t p' �• �r No. Revisions FA d E�[ l VILLd'i Date: March 2012 Scale : 1" = 50' Water & Sewer Department Project No. 112118 AHTD Tract No. 26 Tract No, 22 CASE HISTORY Hwy. 265 North Tract 25: Dunnerstock Development 5/4/12 Letter and deed sent to Buddy Peoples. No.mpensation as the lift station property should have been transferred to the City at the time of development and wasn't. NOTE: AHTD and Gas Co. paid them for ROW and easement across this property 5/29/12 Mark Foster brought in signed easement for Tract 26 (Dunnerstock Development). He is to mail vendor form and signed deed for Tract 25. 6/12/12 Have not received deed, nor has Foster been paid for easement on Tract 26. No further contact. PUE -8.026 SO. FT, (0.18 AC.) UTILITY EASEMENT PLAT TCE - 826 SO. FT. (0.02 AC.) TRACT MAP NO. 25 EXHIBIT "A" TRACT w !Y LOT i ;i ' J � o 1 S86.22'58'E `r / 106.68 / / LOT # sewAc€ 80 .. .. L1FT TAliQN Air b EDGE ASPH+tLT EX. 15` U;E. Permanent Utility Easement • --- Corner of Permanent Utility Easement 765-22359-000 — Tax Parcel Number 9964616-17 — Deed Record 10' U.E. W NW CORNER LOT 119 V STONEW000 SUBD. Plat Record 17-73 'tU TRACT LOT 119 " # STONE WOOD SUBDIVISION NO. DIRECTION DISTANCE t ! L1 S 24°08'33' W 10,74' L2 N 87°18'11' W 30.07' L3 S 24°08'33' W 42.19' L4 N 45°00'44' W 30.57' # 1 TRACT 68°06 SS`E Temporary Construction Easement — Existing Utility Easement Line PUE — Permanent Utility Easement TCE — Temporary Construction Easement Property Owner : Dunnerstock Development, LLC Project Name : CITY OF Ar Hwy 265 W/S Line Relocation �t y� r/�y� rr r y� Drown by : McClelland Consulting Engineers No. Revisians Dote FAYG TT V LL�i Date: March 2012 Scale : 1" = 40' Water & Sewer Department Tract No. 25 Project No. 112118 AHTD Tract No. 28 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY T� SEEK CO EMNATION AND POSSESSION OF CERTAIN LANDS OWIED BY RICH RD E. & DOROTHY BROWN, BILL R. & DORIS A. KISOR, WOLF DRICK & SERENA MCMICHAEL, BENEVOLEN BUILDING CORPORATION, SM-WLJ FAC OWNER INC., PCC PROERTIES LLC, PRESBYR EERY OF ARKANSAS, AND DUNNERSTOCK EVELOPMENT, INC. NEED FOR WATER AND SEWER RELO ATIONS ALONG ARKANSAS SATE HIGHWAY 265 BETWEEN JOYC OULEVARD AND THE NORTHERI4CITY LIMITS WHEREAS, the City o ayetteville and certain 910perty owners have been unable to agree on a fair price for the portio s of property owned/by each of them which is needed for easements to facilitate water and sewe \relocations, and f WHEREAS, the City of Fayet to begin work on water and sewer relo Boulevard and the northern city limits. NOW, THEREFORE, BE IT CITY OF FAYETTEVILLE, ARKAM needs tg1gain possession of these property promptly alon Arkansas State Highway 265 between Joyce LVED BY THE CITY COUNCIL OF THE Section 1. That the City Council6f the City ofayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek ourt-ordered possession of property located on or near Arkansas State Highway 265 and ow ed by Richard E. & Dorothy Brown that is needed for a utility easement for water and sewe relocations along Ark as State Highway 265, and to pay into the registry of the Circuit Cou�ljust compensation therefor\ Section 2. That the City Council of the City of Fayettevill, Arkansas hereby authorizes the City Attorney to file suit/o seek court -ordered possession of operty located on or near Arkansas State Highway 265 and owned by Bill R. & Doris A. Kisorat is needed for a utility easement for water and sew r relocations along Arkansas State Highway"25, and to pay into the registry of the Circuit Co just compensation therefor. Section 3. Tha the City Council of the City of Fayetteville, Arkansas` hereby authorizes the City Attorney to ile suit to seek court -ordered possession of property to ted on or near Arkansas State Highfray 265 and owned by Wolfredrick & Serena McMichael th t is needed for a utility easement f r water and sewer relocations along Arkansas State Highway 2 5, and to pay into the registry o the Circuit Court just compensation therefor. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby�athorizes the City Atto ey to file suit to seek court -ordered possession of property located on or near Arkansas State Highway 265 and owned by Benevolent Building Corporation that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 26 ,5, and to pay into the registry of the Circuit Court just compensation therefor. Sec 'on 5. That the City Council of the City of Fayetteville, Arkansa. hereby authorizes the City Attdiney to file suit to seek court -ordered possession of property located on or near Arkansas State ighway 265 and owned by SM-WLJ FAC Owner, Inc'. that is needed for a utility easement fo water and sewer relocations along Arkansas State highway 265, and to pay into the registry of the,,Circuit Court just compensation therefor. / Section 6. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to files suit to seek court -ordered possession of property located on or near Arkansas State Highway 265•\ and owned by PCC Properties LLC that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 7. That the City Council of the City/of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek°court-ordere4 possession of property located on or near Arkansas State Highway 265 and ownecl, by Pr sbytery of Arkansas that is needed for a utility easement for water and sewer relocations alon. Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensati�q therefor. Section 8. That the City Counciyof the 'pity of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek/ourt-ordered possession of property located on or near Arkansas State Highway 265 and owfied by Dunne stock Development, Inc. that is needed for a utility easement for water and sewrelocations alongrkansas State Highway 265, and to pay into the registry of the Circuit Cort just compensation therefor. PASSED and APP VED this 3rd day of July, 2012. APPROVED: I0 JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer