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Home My WebLink About149-12 RESOLUTIONRESOLUTION NO. 149-12 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH JOHN DAVID BROWN, CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE HIGHWAY 265 WATER AND SEWER RELOCATION AND IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $46,666.50 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 John David Brown, in a total amount of $46,666.50, as full and final settlement of condemnation litigation (City of Fayetteville v. Brown, Washington County Circuit Court Case No. CV 2011-1266-4) filed as part of the Highway 265 Water and Sewer Relocation and 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 $19,066.50 over and above the $27,600.00 placed on deposit with the court. PASSED and APPROVED this 17th day of July, 2012. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer •°°° I /:.FRS''''. .kc:° $ Y O;c'•G�i%� .?4`...e ? •• �= cv• •• :FAYETTEVILLE: i -• .� a e .R 5P %9sy . KAN� oJ?,�'` David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/17/2012 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Resolution approving a settlement agreement with John David Brown concerning condemnation litigation filed as part of the Highway 265 (Crossover Road) water and sewer relocation project in a total amount of $46,666.50. This amount reflects a $19,066.50 increase above the $27,600.00 previously placed on deposit with the court. 19,067 Cost of this request 1,685,327 5400.5640.5810.00 $ Account Number 08072-1 Project Number Budgeted Item XX Category / Project Budget W&S Relocations -2009 Bond Proceeds Program Category / Project Name 1,122,858 Water & Wastewater Funds Used to Date Program / Project Category Name 562,469 Water & Sewer Remaining Balance Fund Name Budget Adjustment Attached Depa nt Di -ctor Ci orney 2.-°/ Jt/( i' Z Date Date c"a®-2014 Finance and Internal Services Director Date Date ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 193-10 11/2/2010 Received in City 06-29-12 P03:05 RCVD Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 Taelteville CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 17, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff 01 From: David Jurgens, Utilities Director QCi Fayetteville Water and Sewer Co ee Date: June 29, 2012 Subject: Approval of a settlement agreement ith John Brown for an easement on Highway 265 (Crossover Road) RECOMMENDATION Staff recommends accepting a settlement agreement with John David Brown concerning condemnation litigation filed as part of the Highway 265 (Crossover Road) water and sewer relocation project in a total amount of $46,666.50. This amount reflects a $19,066.50 increase above the $27,600.00 previously placed on deposit with the court. BACKGROUND The Arkansas Highway and Transportation Department (AHTD) is widening 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 have been relocated outside of the expanded right-of-way. These 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 John David Brown. Negotiations with property owners continued; of the original nine that were submitted for condemnation, only two were filed in court, including Mr. Brown's. DISCUSSION After continued negotiations and through meetings with a court appointed mediator, staff and Mr. Brown have reached the attached settlement agreement, which reflects a $ 19,066.50 increase in the compensation. Both sides feel this negotiated settlement is fair and reasonable. Mr. Brown's property is the one lot on this project that received the greatest negative impact from the combined highway and utility work, because the lot is very shallow but has a wide street frontage, as shown on the attached easement plat. A significant portion of the lot was removed for right of way; the remainder was impacted such that commercial development was no longer possible on the remainder. The land was zoned for commercial development. Water and sewer construction is completed; the contractor has been notified of the changes reflected in this settlement agreement. BUDGET IMPACT This settlement for $46,666.50 is $19,066.50 above the $27,600.00 previously placed on deposit with the court. The additional $19,066.50 is available within the approved project budget. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Easement Settle Accept Hwy 265 Brown CC Memo Jul l2 RESOLUTION NO. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH JOHN DAVID BROWN, CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE HIGHWAY 265 WATER AND SEWER RELOCATION AND IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $46,666.50 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 John David Brown, in a total amount of $46,666.50, as full and final settlement of condemnation litigation (City of Fayetteville v. Brown, Washington County Circuit Court Case No. CV 2011-1266-4) filed as part of the Highway 265 Water and Sewer Relocation and 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 $19,066.50 over and above the $27,600.00 placed on deposit with the court. PASSED and APPROVED this 17th day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer PUE - 22,883 SQ. FT. (0.53 AC.) TCE - 9,603 SQ. FT. (0.22 AC.) SCALES 1' = 130' Basis of Bearings: Based on the AHTD Job 040517 Coordinate System LOT 53 UTIUTY EASEMENT PLAT TRACT MAP NO. 10 EXHIBIT "A" Xi LOT 54 TRACT 0 UE CEDARW❑OD ADDITION PHASE I First Free Will Baptist Church LOT 56 S8 7°33'22'E - 596.72' 40 Acre Line SW CORNER NW1/4, SW1/4 SECTION 31 T -17-N, R -29-W ti CANDLEWOOD SUBDIVISION __•-- r• u—r- S87.33'22'E 7.00' NWSW 31-17-29 S87'33'22 -E 724.70' HARDY LANE R/ SWSW 31-17-29 SE CORNER NW1/4, SW1/4 SECTION 31 T -17-N, R -29-W TRACT TRACT GLENWOOD ADDITION •44swist �1 , Sl 4 38.6 LEGEND clr Permanent Utility Easement • Corner of Permanent Utility Easement 765-13295-000 — Tax Parcel Number 749-101 — Deed Book & Page PUE — TCE — till 1C X LOT 6 LYNNWOOD i ESTATES SUBDIVISION sysv 31-17-29 Temporary Construction Easement Existing Utility Easement Line Permanent Utility Easement Temporary Construction Easement CITY OF FAYETTEVILLE Water & Sewer Deportment Property Owner : John David Brown Drawn by : McClelland Consulting Engineers Project Name : Ar Hwy 265 W/S Line Relocation Date: Feb. 2010 Scale : 1" = 130' No. Revisions Date Project No. 082146 Tract No. 10 AHTD Tract No. 20 MEDIATION SETTLEMENT AGREEMENT We, having participated in mediation on 3- 319- 12 , and being satisfied that we have reached a fair and reasonable settlement, hereby agree as follows: 17t Ci* V cn/)10 4 eA5 494 664. D mow - c;, I 1 I /e t�S,. Z Jf.J /iA viyj € ogz , 1 'j- /i*. cu. 9,0”--/2-66-4 r5 £),4 t- C% ts'40K(i;1 Appagimi a&4 X11 b e raes.et. f� C I -ter X9)4 AJ / o niA.5 )y 17: 7..o/ 2. . DiPtad N i I S C r •�-•• e • ) v■ ,'� `• . `_I It/ l D N S -c0 111-)4 6 .SD t/v614_4 600. 0� 1'r tolt-P tor 4 y er,xt- l"e r i>&3 :1)-)7N 11-fr. 1 2 ?, b °D. T irS Pia6etfl e rkv; a A 1) 4# i 5 !or ►1 r3 ( e slAvjeet in We recognize that James M. Hall has not given us legal advice or legal counsel, and we understand that we have the right to consult with an attorney before signing this Agreement. We intend the above Agreement to be a legally binding and enforceable settlement contract. w% !, U't'tt,i1G Diaz Q764 �� l Walt/A/47 A