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Home My WebLink About179-13 RESOLUTIONRESOLUTION NO. 179-13 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH BILL AND DORIS KISOR CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE N. CROSSOVER ROAD UTILITIES IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $13,950.00 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 Bill and Doris Kisor, in a total amount of $13,950.00, as full and final settlement of condemnation litigation (City of Fayetteville v. Kisor, et ux., Washington County Circuit Court Case No. CV 2012-2237-7) filed as part of the N. Crossover Road Utilities 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 $10,650, over and above the $3,300.00 placed on deposit with the court. PASSED and APPROVED this 20th day of August, 2013. APPROVED: F. ATTEST: By: A cti w— b SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/20/2013 City Council Meeting Date Agenda Items Only David Jurgens Utilities Capital Projects Utilities Submitted By Division Department $ 10,650 $ 793,956 W&S Relocations-2009 Bond Proceeds Cost of this request Category / Project Budget Program Category / Project Name 5400.5640.5808.00 $ 621,945 Water & Wastewater Account Number Funds Used to Date Program / Project Category Name 08072-1102 $ 172,011 Water & Sewer Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached omey Date Finance and Internal Services Director Date Date If ate Previous Ordinance or Resolution # 141-12 Original Contract Date: 7/3/2012 Original Contract Number: Received in City Clerk's Office EH Ejt'jj Received in 2 Mayor's Office Revised January 15, 2009 • ayj1 e ANSAS� To: Fayetteville City Council Thru: Mayor Lioneld Jordan Dora Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Comr Date: July 31, 2013 CITY COUNCIL AGENDA MEMO MEETING DATE OF AUGUST 20, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Approval of an easement settlement agreement with Bill and Doris Kisor on Highway 265 (Crossover Rd) RECOMMENDATION Staff recommends approval of a settlement agreement with Bill R. and Doris A. Kisor concerning condemnation litigation filed as part of the Highway 265 (Crossover Road) water and sewer relocation project for $13,950.00. This amount is $10,650.00 above the $3,300.00 previously placed on deposit with the court, and is $7,375 above the City's highest previous offer. BACKGROUND The Arkansas Highway and Transportation Department (AHTD) is widening Highway 265 (Crossover Road) from Joyce Boulevard north to the City Limits. 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 July 3, 2012, in order to not delay the project, the City Council approved condemnation proceedings against several properties, including the Kisors. Negotiations with property owners continued; of the original seven that were submitted for condemnation, all have been settled out of court; the Kisors was the last open case. DISCUSSION After continued negotiations and through meetings with Mr. Kisor and their attorney, staff and the Kisors have reached the attached settlement agreement. It is $25,050 below the Kisors' appraisal for the easement. The amount was calculated as shown below. The settlement amount is based on the AHTD settlement amount, adjusted for two items, shown below, plus the $1,500 appraisal cost that the Kisor's incurred. ■ Proportionately reduced to reflect the smaller area our easement occupied, and ■ Modified because we were only acquiring an easement, whereas the AHTD was purchasing the land in full. The City generally pays 25% of full fee simple for easements, as we only obtain limited rights to the land, and the property owner retains ownership. We also generally pay 10% of full fee simple price for temporary construction easement, which ends when the project is completed. Both sides feel this negotiated settlement is fair and reasonable. Water and sewer construction is completed. Valuation Source Price Kisors' Appraisal $ 39,000 Ci 's Appraisal $ 3,300 AHTD Settlement adjusted as shown above $ 12,450 BUDGET IMPACT This settlement for $13,950.00 is $10,650.00 increase above the $3,300.00 previously placed on deposit with the court. The additional $10,650.00 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 Kisor CC Memo Jul13 RESOLUTION NO. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH BILL AND DORIS KISOR CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE N. CROSSOVER ROAD UTILITIES IMPROVEMENT PROJECT IN A TOTAL AMOUNT OF $13,950.00 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 Bill and Doris Kisor, in a total amount of $13,950.00, as full and final settlement of condemnation litigation (City of Fayetteville v. Kisor, et ux., Washington County Circuit Court Case No. CV 2012-2237-7) filed as part of the N. Crossover Road Utilities 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 $10,650, over and above the $3,300.00 placed on deposit with the court. PASSED and APPROVED this 20th day of August, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: I= SONDRA E. SMITH, City Clerk/Treasurer Lee Moore Joseph D. Reece Kenneth N. Hall* John P. Neihouse, P.A.** Larry McCredy Denton E. Woods Alex G. Miller Mr. Jason B. Kelley Assistant City Attorney 113 W. Mountain, Suite 302 Fayetteville, AR 72701 REECE MOORE PENDERGRAFT LLP Attorneys a! Law A LIMITED LIABILITY PARTNERSHIP Lslablished 2005 P.O. Box 1788 75 North East Avenue, Suite 500 Fayetteville, Arkansas 72702 Finn: 479.443.2705 Fax: 479.443.2718 www.rmpllp.com August 1, 2013 Tim C. Hutchinson* Scott M. Lar Neal R. Pendergraftt tOf Counsel *Also Licensed in Missouri **Also Licensed in Oklahoma and Texas Writer's Email: Imccredy®rmpllp.com RE: City of Fayetteville, Arkansas v. Bill Kisor and Doris Kisor Washington County Circuit Court, Case No. CV- 12-2237-7 Dear Jason: IREC s v'>' AUG 0 2 291.3 CITY ATTORNEYS OFFIk F I am in receipt of your letter dated July 30, 2013. Please. let this letter confirm that my clients have agreed to accept the sum of $13,950.00 as total just compensation for the takings at issue in this matter. Further, my clients understand that this agreement is conditioned upon approval by the Fayetteville City Counsel which is scheduled to be considered on August 20, 2013. Thank you for your assistance and cooperation. Sincerely, Larry McCredy LMc/kgh KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY JASON B. KELLEY Assistant City Attorney Judy Housley Office Manager Tye .,y.,le Phone (479) 575-8313 113 W. Mountain, Suite 302 FAX (479) 575-8315 TDD (479) 521-1316 July 30, 2013 Fayetteville, AR 72701-6083 Larry McCreedy, Esq. Reece Moore Pendergraft, LLP P.O. Box 1788 Fayetteville, AR 72702 Re: City of Fayetteville v. Kisor, et ux., Wash: Co. Case No. CV 12-2237-7 Dear Larry: Please allow this letter to serve as confirmation of the settlement agreement your client and the City of Fayetteville have made, subject to approval of the Mayor and City Council, in full and final settlement of the above -referenced condemnation litigation. The City and your client agreed to $13,950.00 as total just compensation for the takings at issue. This settlement will be presented to the Fayetteville City Council for its consideration at its August 20, 2013, meeting. Assuming it is approved, I will then begin the process of having a check issued. We can work out the timing details of dismissal paperwork, deed execution, etc., at that time. Please confirm your understanding of this agreement so that it can be presented to the City Council for its consideration. We appreciate you and your clients' willingness to reach an acceptable resolution to this matter. ely, Jason B. Kelley Assistant City Attorney cc: D. Jurgen ETCE SQ. FT, (0.15 AC.) SQ. FT. (0.06 AC.) FOOTAGE COVERS ONLY ON THIS EXHIBIT MAP h �I SCALE, 1' = 100' 0) coSWSW 19-17-29 Section. 19 Section, 30 NW CORNER NW1/4. NWt/4 SECTION 30 T-17-N. R-29-W M 0, NWNW m 30-17-29 UTILITY EASEMENT PLAT TRACT MAP NO. 5 1 SE, MAP =2 EXHIBIT W Basis of Bearings: Based on the AHTD �1 Job 040518 Coordinate System �1 0 IfM Bill & Doris Kisor \I\ TRACT ✓ S88.03'33'E \V'o I , 22.30' o� �' S$8'Q3'33•E - 399,14' Bill & Doris Kisor TRACT N87'49'41' W L E G E N D MAP 1 OF 2 r r A =11a W1ll1 � 13 all � TRACT II 10 it I�I 11 POI X 20, II PUE .I !� 41, J 1 '7d \ \ \ c r N87.49'411W 38.43' Permanent Utility Easement Temporary Construction Easement Corner of Permanent Utility Easement -- -- — Existing Utility Easement Line 765-1324D-002 — Tax Parcel Number PUE — Permanent Utility Easement 200277953-56 Deed Record TCE — Temporary Construction Easement Property Owner Bill & Doris Kisor Project Name : CITY OF Drawn by McClelland Consulting Engineersrr Ar Hwy 265 W/S Line Relocation FAYETTEVILLE Dote: March 2012 scale : 1" = 1aD, No. Revisions Date Water & Sewer Deportment Project No. 112118 1 AHTD Tract No. 5 Tract No. 5 MAP 2 OF 2 TEMPORARY CONSTRUCTION EASEMENT PLAT TCE — 758 SO. FT. (0,02 AC.) TRACT MAP NO. 5 THIS TCE SQUARE FOOTAGE COVERS ONLY EXHIBIT "A" THE TCE SHOWN ON THIS EXHIBIT MAP I N M i" r,A S87°38'08'E - 462.91' r A /o 0 WSW 19-17-29 h� S.85.56'07-E LO _33, 79' j Dill & Doris lfisor Al. o j TCE r-J r N85.56'07`W ' r 18,17' 1 � 1 eLi 1 TRACT r7 �� 1 r SEE MAP f If Section 1g "ection 30 SW CORNER SW1 /4, SW1 /4 SECTION 19 T-17—N, R-29—W SCALE, 1' = 40' Basis of Bearings: Based on the AHTD Job 040518 Coordinate System L E G E N D GORDON LONG DRIVE 1 f :: _�= Temporary Construction Easement • Corner of Permanent Utlllty Easement — — Existing Utility Easement Line 765-13234-000 — Tax Parcel Number PUE — Permanent Utility Easement 2002-36547 — Deed Record TCE — Temporary Construction Easement Property Owner Bill & Doris Klsor Project Name : CITY OF Ar Hwy 265 W/S Line Relocation Drawn by : McClelland Consulting Engineers FAYETTEVILLE Date: March 2012 Scale : i" = — Na. Re�fsions Date Woter & Sewer Deportment Project No. 112118 AHTD Tract No. 5 Tract No. 5