HomeMy WebLinkAbout150-12 RESOLUTIONRESOLUTION NO. 150-12
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
RICHARD AND CAREN HANNA, CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE N. GARLAND AVENUE
IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $1,600.00
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 Richard and Caren Hanna, in a total amount of $1,600.00, as full and final
settlement of condemnation litigation (City of Fayetteville v. Hanna, Washington County Circuit
Court Case No. CV 2012-655-7) filed as part of the N. Garland Avenue 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 $900.00 over and above the $700.00
placed on deposit with the court.
PASSED and APPROVED this 17th day of July, 2012.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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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
Engineering
Division
Action Required:
Development Services
Department
Approval of a Resolution authorizing the settlement of the Hanna Condemnation Case for a total of $1,600.
900.00
Cost of this request
4470.9470.5810.00
Account Number
06035.2250
Project Number
Budgeted Item
x
118,274.00
Category / Project Budget
101,374.00
Transportation Bond Program
Program Category / Project Name
Land Acquisition
Funds Used to Date Program / Project Category Name
16,900.00 Sales Tax Capital Improvements
Remaining Balance Fund Name
Budget Adjustment Attached
Depart 'rector Date
y Attorney
?-Z.- (2—
Date
2.-zo iZ
Finance and Internal Services Director Date
?-3-ice
Date
ae
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City - 0 7 -1 2PO4:15 R C V D
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
ave ev le
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
City Council Meeting of May 15, 2012
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Chris Brown eh
Date: July 2, 2012
Subject: Approval of a Resolution authorizing the settlement of the Hanna Condemnation Case for a total
of $1,600.
PROPOSAL:
Improvements to Garland Avenue (Highway 112) are planned as part of a City of Fayetteville and Arkansas
State Highway and Transportation Department (AHTD) partnering project. Our agreement with AHTD
provides that the City is responsible for 50% of the construction cost, up to $1.5 million, and all of the cost of
right of way acquisition and relocation of utility facilities.
Prior to construction work by AHTD, the City and local public utilities must relocate existing utility lines out of
the widening area. In order to accomplish this work, it was necessary to acquire utility easements adjacent to
the right of way. City was not able to negotiate a compensation agreement with the Hanna, therefore, the City
Council authorized acquisition by condemnation at its March 6, 2012 meeting, and the City Attorney
subsequently filed a complaint with the Circuit Court to acquire the necessary easement. The order of
possession was received on this property after the complaint was filed and the City deposited $700 with the
Court as just compensation.
After much discussion between City staff and the Hanna's attorney, a settlement offer in the amount of $1,600
was agreed upon contingent on City Council approval.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing settlement of the Hanna condemnation case and
authorizing an additional payment of $900 to Caren E. and L. Richard Hanna II. This is a fair and equitable
settlement to both the City and the property owners, and avoids further staff time and litigation expense on this
case.
BUDGET IMPACT:
Payment of the additional amount to the Hannas will be made from the Garland Avenue Water and Sewer
Relocations project of the Transportation Bond Program. There are adequate funds available for this payment.
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH
RICHARD AND CAREN HANNA, CONCERNING CONDEMNATION
LITIGATION FILED AS PART OF THE N. GARLAND AVENUE
IMPROVEMENT PROJECT, IN THE TOTAL AMOUNT OF $1,600.00
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 Richard and Caren Hanna, in a total amount of $1,600.00, as full and final
settlement of condemnation litigation (City of Fayetteville v. Hanna, Washington County Circuit
Court Case No. CV 2012-655-7) filed as part of the N. Garland Avenue 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 $900.00 over and above the $700.00
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
LYNAIRE HARTSELL;
MROSANNE BROWN
785-08108.000
Bk. 1148. Pg. 38
NE, NE
8-16-30
CAREN & RICHARD HANNA
765-06277-001
Inst. No. 2005-28926
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P.O. B.
ELITE EQUITY GROUP
OF ARKANSAS LLC
765-05278-001
Inst. No. 2010-1552
PROP. UTILITY
EASEMENT -426 Sq. Ft.
N 87°16'39" W
14.47'
P.O.C.
NE Comer
SEC. 8
R -30-W
S 87°23'03" E
51.43'
S 53°1422" E
18.15'
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GARLAND
EXHIf31T
SEP. 2011
Not to Scale
UTILITY EASEMENT
CAREN E. &
RICHARD HANNA 11
300 Spring St., Suite 500
Little Rock, AR 72201
Tel: (501) 255-7406
Fax: (866) 557-3052
MOFFITT & PHILLIPS, PLLC
ATTORNEYS AT LAW
Brandon K. Moffitt, Attorney*
bmoffitt@moffittandphillips.com
Michael B. Phillips, Attorney
mphillips@moffittandphillips.com
*Licensed in AR and TN
TRANSMITTED VIA EMAIL
July 3, 2012
Mr. Jason B. Kelley
City of Fayetteville
113 W. Mountain St., Ste 302
Fayetteville, AR 72701
jkelley@ci.fayetteville.ar.us
RE: City of Fayetteville v. Hanna (CV -12-655-7)
Circuit Court of Washington Co.
Mr. Kelley:
Please accept this letter as my formal offer to settle the above referenced matter for a total sum of
$1,600. I understand your mayor and council must approve all settlement offers. As my client is
interested in getting this settled ASAP, I expect settlement approval to be discussed at the
upcoming 07/17/12 city council meeting. Please notify me promptly of your council's decision.
cc: client
Sincerely,
Michael' B. Phillips
www.moffittandphillips.com