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Home My WebLink About236-13 RESOLUTIONRESOLUTION NO.236-13 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DALE & MARTHA BENEDICT AND DAVID CLARK MCCLINTON, NEEDED FOR THE VAN ASCHE DRIVE CONSTRUCTION PROJECT 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 the Van Asche Drive Construction Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on these public improvement; 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 the planned Van Asche Drive Construction Project and owned by Dale & Martha Benedict that is needed for right-of-way or other easements for the Project, 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 the planned Van Asche Drive Construction Project and owned by David Clark McClinton that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 19th day of November, 2013. APPROVED: ATTEST: By: ZQCl'i '_ 4ttl_.6 SONDRA E. SMITH, City Clerk/Treasurer '��t�ti►� i Frrnr.,. V fir, :,ems•, ��,r,�:��; .� ��` rf,��rrlfr 1 11►� 'VV'`` City of Fayetteville Item Review Form Chris Brown Submitted By 2013-0150 Legistar File Number 11 /19/2013 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Dev. Services Department Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands owned by Dale and Martha Benedict, David Clark McClinton, Kimbrough Family Revocable Trust and Tomlinson Asphalt Company necessary for the Van Asche Drive Construction Project. Does this item have a cost? Yes a, ::11 11 Cost of this request 4450.9520.5805.00 $215,148.00 Category or Project Budget $76,472.51 Account Number Funds Used to Date 06035.3500 $109,875.49 Project Number Remaining Balance Budgeted Item? Yes Budget Adjustment Attached? IVO Previous Ordinance or Resolution # Van Asche (Garland to Gregg) Program or Project Name Land Acquisition Program or Project Category Transportation Bond St. Improvements Fund Name V20130812 Original Contract Number: Corn EN f 11^ il" �U1�3 it/.�/j ■ ayLeev! e NSAS� CITY COUNCIL AGENDA MEMO To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services From: Chris Brown 0 Date: October 31, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE City Council Meeting of November 19, 2013 Subject: Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain lands owned by Dale and Martha Benedict, David Clark McClinton, Kimbrough Family Revocable Trust and Tomlinson Asphalt Company necessary for the Van Asche Drive Construction Project. PROPOSAL: The Van Asche Drive project includes construction of a four lane arterial roadway from the intersection of Highway 112 (Garland Ave) to the east under Interstate I-540. On the east side of I-540, the proposed roadway transitions into a four lane divided roadway with a 15' wide center median. These improvements will extend to Gregg Ave. where it will connect to the recent improvements at the intersection of Gregg Ave. and Van Asche Drive. This project is scheduled to biA November 26, 2013 and begin construction in early 2014. The owners of the attached properties have expressed various concerns and have refused to sign right-of-way and easement documents as based on their concerns. These properties represent 4 of the total 15 properties to be acquired. Staff will continue to negotiate with these property owners to avoid condemnation whenever possible. However it is imperative that the right of way be acquired in a timely manner so as not to delay the construction of the project. RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Van Asche Drive. BUDGET IMPACT: The payment for land acquisition will be made from the project budget allocated for the Van Asche Drive Project, which is funded by the Transportation Bond Fund. The agenda item staff review form indicates $28,800 as the cost of this request. It should be noted that this is an estimate, based on the appraised values of the properties, and that the final cost is subject to negotiation with the property owners or by court order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed for each property. Attachments: Right of Way Plans and property exhibits. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DALE & MARTHA BENEDICT AND DAVID CLARK MCCLINTON, NEEDED FOR THE VAN ASCHE DRIVE CONSTRUCTION PROJECT 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 the Van Asche Drive Construction Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on these public improvement; 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 the planned Van Asche Drive Construction Project and owned by Dale & Martha Benedict that is needed for right-of-way or other easements for the Project, 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 the planned Van Asche Drive Construction Project and owned by David Clark McClinton that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 19th day of November, 2013. APPROVED: IIn LIONELD JORDAN, Mayor ATTEST: J SONDRA E. SMITH, City Clerk/Treasurer ROPBENEDICT PERTY Ilk I arm_ -:igw Seclion 29 SEcliw 28 N _ A O O O z x z r ZF i 0' i[Mil OiiARY m GOYSiRUCTION 96 o ip cn o EASEMENT 1 f z c 0000 O c.n « a $ n Y c I O W = W O �1➢0 1 SecliQo 28 rn rn m o z SEC116n27o C7 0 o A m W Z e N O N O T � QO D Iva 1 T w � 01 = ? cn 1 �2 � z, wm lv - Duo n z o -o I m -o T (D x_ m � N co � Jim � -mi I I v m `Q D I U) Cn z (4 m .1 K rn O a) m z 22 Tl - N 00°49'19" E 123 97' Q D m r o °' S 02`32'56" W 219.10' Z ZE w --m D O Dm (n X = Et1 RI;-o m zo _ �V) m0 o ao D W 9� w Z (Ao� Zrri" �m ITI D z o m Z r. o (� 7 N I� U L .1 1, "LINTON ,t PROPERTY �p 1• , J� e 4 12 a n o o - N � Zo Section 28 Mr. sI11RF. 51. Section 27 1 w EVI �1 N n Iti Y rs � m v g o Ij m cn I~ tir m o 1 ! CITY OF FAYETTEVILLE T s Deed lnst No. 2010-26154 � O v ti � m p rn n O V C ozm zoo o om v ra o � _ m I � l � 2 � m Z w m � o •4; OL C- r � "4 ti•t all 1st• a. •rt �c• " 'Yr=� '' t}' ' �! '� I l m -o m NO X rn -D -1 K. 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RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK NDEMNATION AND POSSESSION OF CERTAIN LANDS OW ED BY DA & MARTHA BENEDICT, DAVID CLARK MCCLIN ON, THE KIM OUGH FAMILY REVOCABLE TRUST AND OMLINSON ASPHA T COMPANY NEEDED FOR THE VAN CHE DRIVE CONSTR CTION PROJECT WHEREAS, th City of Fayetteville and certain prolrty owners have been unable to agree on a fair price for he portions of property owned by/each of them which is needed for easements to the Van Asch Drive Construction Project; a�d WHEREAS, the City o Fayetteville needs to grain possession of these property promptly to begin work on these public imp vement; ; \F-11 NOW, THEREFORE, BSOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AR::'r`Section 1. That the City Ct City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seerde d possession of property located on or near the planned Van Asche Drive Construject d owned by Dale & Martha Benedict that is needed for right-of-way or other efor th Project, and to pay into the registry of the Circuit Court just compensation thSection 2. That the Cif' Cthe City of etteville, Arkansas hereby authorizes the City Attorney to file suit'6 seek court -ordered possessib of property located on or near the planned Van Asche Drive ,construction Project and owned b David Clark McClinton that is needed for right-of-way of other easements for the Project, ancifl pay into the registry of the Circuit Court just compensation therefor. ti Section 3. That the City Council of the City of Fayetteville, Ark4nsas hereby authorizes the City Attorney ta' file suit to seek court -ordered possession of property `1 cated on or near the planned Van Asche Drive Construction Project and owned by the KimbrouFamily Revocable Trust that is needed for right-of-way or other easements for the Project, a1w 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 the planned/Van Asche Drive Construction Project and owned by Tomlinson Asphalt Coihpany that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. APPR( Ma Ll