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Home My WebLink About206-12 RESOLUTIONRESOLUTION NO. 206-12 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE MARGOT KHAVINSON ESTATE, CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE N. GARLAND AVENUE WIDENING AND IMPROVEMENT PROJECT IN THE TOTAL AMOUNT OF $18,000.00 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 the Margot Khavinson estate, in a total amount of $18,000.00 as full and final settlement of condemnation litigation (City of Fayetteville v. Blass, as personal representative of Khavinson, Washington County Circuit Court Case No. CV 2012-665-4) filed as part of the N. Garland Avenue Widening 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 $10,000.00 over and above the $8,000.00 placed on deposit with the court. PASSED and APPROVED this 8th day of November, 2012. APPROVED: B ATTEST: By: -SSL 1, -) 414/ SONDRA E. SMITH, City Clerk/Treasurer °G\Z Y o,4 ° ,1.. =v FAYETTEVILLE: - -iS''9'4'KA NSP °'\) Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/8/2012 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Approval of a Resolution authorizing the settlement of the Margot Khavinson Condemnation Case on the Highway 112 (Garland Avenue) Project for a total of $18,000. 10,000.00 Cost of this request 4470.9470.5810.00 Account Number 06035.2250 Project Number Budgeted Item x 227,987.00 Category / Project Budget 197,148.42 Transportation Bond Program Program Category / Project Name Land Acquisition Funds Used to Date Program / Project Category Name 30,838.58 Sales Tax Capital Improvements Remaining Balance Fund Name Budget Adjustment Attached Department ir ctor City ,t rney Finance and Internal Services Director n evk Chieifof Staff 4(7•1P(? Date Date 10-11. Utz. Date Mayor Date /0:002 -- Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City )-13-12 PO4:45 R C V D Clerk's Office Comments: Revised January 15, 2009 a'F�l1ve eville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO City Council Meeting of November 8, 2012 To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff ��,pp Jeremy Pate, Director of Development Services �` From: Chris Brown Date: October 18, 2012 Subject: Approval of a Resolution authorizing the settlement of the Margot Khavinson Condemnation Case for a total of $18,000. 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 were required to 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. During the negotiations, Ms. Khavinson passed away, and her descendants took up the negotiations. The City was not able to negotiate a compensation agreement with Ms. Khavinson's heirs; 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 $8,000 with the Court as just compensation. On October 17, 2012, City staff participated in a mediation conference with Oscar Blass, son of Ms. Khavinson, representing her estate, and Brenda Austin, Attorney for the estate. During this conference, a settlement agreement was developed, subject to approval by the City Council, whereby the City agrees to pay a total of $18,000 for the necessary easement RECOMMENDATION: Staff recommends approval of a Resolution authorizing settlement of the Margot Khavinson condemnation case and authorizing an additional payment of $10,000. 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 estate of Margot Khavinson 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 THE MARGOT KHAVINSON ESTATE, CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE N. GARLAND AVENUE WIDENING AND IMPROVEMENT PROJECT IN THE TOTAL AMOUNT OF $18,000.00 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 the Margot Khavinson estate, in a total amount of $18,000.00 as full and final settlement of condemnation litigation (City of Fayetteville v. Blass, as personal representative of Khavinson, Washington County Circuit Court Case No. CV 2012-665-4) filed as part of the N. Garland Avenue Widening 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 $10,000.00 over and above the $8,000.00 placed on deposit with the court. PASSED and APPROVED this 8th day of November, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer MEDIATION SETTLEMENT AGREEMENT We, having participated in mediation on 1 , and being satisfied that we have reached a fair and reasonable settlement, hereby agree as follows: -61(1 D" `G Itcw Surf cori efk ik t)s _ Oscc42 6J / .a, 5— ?x,0/5, , pAs- // '/ 5/?� /Yl el .�7i'9'V 719 %u -t'-/ 77 1 aad (2e Seg p 71- a rt a n) tec �i LnSc44 b. .; G''. ¥S p s,4 -f t g / � �?7 a cer.7`. 3-4-10 frt i>v'e/% 4=i40 -(wft-f A-// 2v P -P 1.— f, 7415 "9. i 5 'W' ° ' h5-/ l �f - �e ,�i v ��1 •��/ We recognize that James M. Hall has not given us legal advice or legal counsel, and that we have had the right to consult with an attorney at any time and to have an attorney review the terms of this Agreement before it is signed. We intend the above Agreement to be a legally binding and enforceable settlement agreement. We intend the above Agreement to be a legally binding and enforceable settlement contract. DatgOthis 07714 of C1'P, 2012 4e3"4 05C - /3l4S5 ajA5 90071 4r ety..7 PROP. UTILITY EASEMENT -3,956 Sq. Ft.