Loading...
HomeMy WebLinkAbout114-14 RESOLUTIONRESOLUTION NO. 114-14 A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH DALE AND MARTHA BENEDICT CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE VAN ASCHE DRIVE CONSTRUCTION PROJECT 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 an agreement with Dale and Martha Benedict to include payment in the amount of $5,000.00, as well as the relocation of a driveway entrance on the north side of their property, as full and final settlement of condemnation litigation (City of Fayetteville v. Benedict, Washington County Circuit Court Case No. CV -2013-2266-7) filed as part of the Van Asche Drive Construction Project. Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement, hereby approves payment of an additional $1,600.00, over and above the $3,400.00 placed on deposit with the court, and further approves the relocation of the driveway entrance. PASSED and APPROVED this 17th day of June, 2014. APPROVED: ATTEST: By:````���nnr�r<<,�� SONDRA E. SMITH, City Clerk • "er �:FAYE7 EVILLE• _ NSP' ����/i � .7- N ' ,C \ `N Chris Brown Submitted By City of Fayetteville Item Review Form 2014-0258 Legistar File Number 6/17/14 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department A Resolution Approving a Settlement with Dale and Martha Benedict for Purchase of Right of Way for the Van Asche Drive Project. Does this item have a cost? $5,000.00 Yes Cost of this request 4520.9555.5805.00 Account Number 06035.2500 Project Number Budgeted Item? Yes $1,421,819.00 Category or Project Budget Funds Used to Date $1,416,819.00 Remaining Balance Budget Adjustment Attached? Van Asche (Garland to Gregg) Program or Project Name Street Improvements Program or Project Category Street Sales Tax 2013 Fund Name Previous Ordinance or Resolution # Original Contract Number: ts. l,ltO/i`t '-pow► , ^ 10-' 2,0 t `t CITY OF MEETING OF JUNE 17, 2014 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager /tL DATE: June 9, 2014 SUBJECT: Approval of a Settlement with Dale and Martha Benedict for Purchase of Right of Way for the Van Asche Drive Project RECOMMENDATION: Staff recommends approval of a Resolution authorizing the settlement of the Benedict Condemnation Case. BACKGROUND: Van Asche Drive is currently under construction from Gregg Ave. to Garland Ave. as a part of the Transportation Improvement Bond Program. Right of way acquisition was required from many of the property owners along the route. In order to move forward with the project to bidding and construction, condemnation action on some of the properties was approved by the City Council on November 19, 2013. The City Attorney filed condemnation suits for these properties, and received Orders of Possession from the Circuit Court so that the project could move forward. DISCUSSION: In the case of the Benedict's property, $3,400.00, representing the City's appraised value for the right of way was deposited with the Court at the time of the filing. Since that time, staff has corresponded with the Benedict's attorney, and they have agreed to accept and additional $1,600.00 to the appraised value of $3,400.00 for the right of way and drainage easement. The total amount of compensation would be $5,000.00. In addition, the City has agreed to construct a driveway to this property that will replace the existing driveway that will be removed with the intersection construction. This item is being walked on to the agenda at the recommendation of the City Attorney in order to quickly act on the settlement offer. BUDGET/STAFF 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. Attachments: Driveway Exhibit Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE CITY ATTORNEY TO: DEPARTMENTAL CORRESPONDENCE Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne DATE: June 10, 2014 ryO4 AYErl olkar A. Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Approval of Settlement with Dale and Martha Benedict for Purchase of Right of Way for the Van Asche Drive Construction Project We join City Engineer Chris Brown's request to walk the proposed settlement onto the agenda for the June 17, 2014 City Council meeting. Pursuant to City Council Rules of Order and Procedure #A.7, I am providing an explanation for our request for expedited consideration by the Council. Our office has reached a tentative settlement with the Benedicts and we now ask for Council approval to finalize the agreement. Our office would prefer to conclude all litigation as quickly as possible once the parties have reached a tentative agreement. The proposed settlement agreement provides for payment of $5,000.00, which is $1,400.00 more than we had originally deposited with the Court. We believe this is a reasonable amount of compensation for the property that is being taken for this project. The settlement also authorizes the City to relocate an existing driveway entrance on the north side of the Benedicts' property away from the intersection of Highway 112 and Van Asche. Engineering has determined that the current entrance is too close to the intersection of Highway 112 and Van Asche and needs to be closed for safety reasons. We want to ensure that the Benedicts continue to have full access to their property and the Benedicts have agreed to allow us to move the entrance further to the west. We strongly recommend City Council approval of this proposed settlement offer. RESOLUTION NO. A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH DALE AND MARTHA BENEDICT CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE VAN ASCHE DRIVE CONSTRUCTION PROJECT 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 an agreement with Dale and Martha Benedict to include payment in the amount of $5,000.00, as well as the relocation of a driveway entrance on the north side of their property, as full and final settlement of condemnation litigation (City of Fayetteville v. Benedict, Washington County Circuit Court Case No. CV -2013-2266-7) filed as part of the Van Asche Drive Construction Project. Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement, hereby approves payment of an additional $1,600.00, over and above the $3,400.00 placed on deposit with the court, and further approves the relocation of the driveway entrance. PASSED and APPROVED this 17th day of June, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Van Asche Drive R(WM.ofaWsy Part of Parcel No. 765-15830-001 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT Dale L. Benedict and Martha Benedict husband and wife, husband and wife, hereinafter casted GRANTOR, for and in consideration of the SUM of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and igns, the following described land situated in the County of Washington, State of Arkansas, to -wit: 111111111111111111111111111111111111 Doc ID: 016111020001 Type REL, Kind WARRANTY DEED Recorded: 02/26/2015 at 03:15:21 PM Fee Amt: 615.00 Pape 1 of 1 Washington County, AR Kyle Sylvester Circuit Clerk F11e2015-00004950 A part of the Northwest Quarter (NW%) of the Southeast Quarter (SEK) of Section Twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Northeast Comer of said forty (40) acre tract; thence along the Easterly line of said tract South 02 32'58" West 219.10 feet; thence leaving said Easterly line North 87'53'46' West 40.03 feet to the existing Westerly right-of-way of Garland Avenue (AR State Hwy. 112); thence continuing North 87.53146" West 9.79 feet to the proposed Wester right-of-way of Garland Avenue (AR State Hwy. 112); thence along said proposed right-of-way North 0'06'14" East 10.00 feet; thence continuing along said proposed right-of-way North 00.49'19' East 123.97 feet; thence continuing along said proposedright-of- way ight-of way North 43.38106" West 58.32 feet; thence North 88`09'04' West 258.81 feet; thence Nroth 3. 924" East 11.23 feet to the existing Southerly right-of-way of AR State Hwy 112; thence North 02°47'30" East 40.00 feet to the Northerly line of saki 40 acre tract' thence along said Northerly tine South 87°12'30" East 352... feet to the Point of Beginning, containing 26,889 square feet, more or less, consisting of 21,287 square feet in existing city maintained right-of-way and 5,602 square feet in new proposed right-of-way. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this .. CL day of REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. Signed: 1 • Vity of Fayetlevllle 113 W. Mountain Fayetteville, AR 72701 ,201fI Mehta BB d ¢� c STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT } Se. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dale L. Benedict and Martha Benedict, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said Vin+waenl jjjr the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand anda���l m P ... 'ys- day of ��I , 201 Y MY COMMISSION EXPIRES: .a.- �� ' _ O&4tr11,..42:222i. •. s File Number: 201500004950 Page 1 of 1 swet -3" Notary • 1io 765-15806-060 RATHINAM PANNEER & CHRRA SELVAM ---fxr. RAN 765-15165-000 JOHNSON CORNER 11.0 Not ':to'Sad S87°12'30' E 352.68' S 02'47'304W 40.00' N 039'24" E 11.23' N 88°0904" W 258.81' NE CORNER NW 1/4, SE 1/4 SEC110N 28 7.17-N. R -30-W 765-15830-001 DALE & MARTHA BENEDICT Inst. No. 2007-1736 Inst. No. 98-6377 NW1/4,SE1/4 28-17-30 M L 765-15822-000 PRIORLY BANK N 02°0614' E 10.00' N 87°53'48` W 9.79' L12' 4 OP: rWV4.SW 2a-17.40 WV4SEV4: NEV4SEV4 4347aa zau-sa w PROP. R/W--- 5,602 S.F. EXIST. STREET EASEMENT — 21,287 S.F. Per Bk. 1131, Pg. 376 Van Asche Dave Right -of -Way Parcel No. 765.15830-001 TEMPORARY CONSTRUCTION AND GRADING EASEMENT 13E iT KNOWN BY THESE PRESENTS: THAT Dale L. Benedict and Martha Benedict, husband and wife, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideratlon, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of Van Asche Drive Improvements, to -wit: PROPERTY DESCRIPTION: (Deed Book 1412 at Page 935) Part of tie NEY4 of the SWY and part of the N W% of the SEY of Section 28, Township 17 North, Range 30 West of the 5 Principal Meridian, all In Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE% of the SW% of said Section 28, Township 17 North, Range 30 West, thence along the centerline of Highway 112, South 89 degrees 35 minutes 36 seconds East 941.81 feet to the POINT OF BEGINNING thence along the centerline of Highway 112 South 89 degrees 35 minutes 36 seconds East 1704.36 feet, thence alongthe centerline of Highway 112 South 801.84 feet, thence North 89 degrees 28 minutes 28 seconds West 184.09 feet, thence North 179.25 feet, thence along an existing fence North 02 degrees 04 minutes 03 seconds West 154.99 feet; thence along an existing fence which is the South property line of the Sandlin property North 89 degrees 42 minutes 25 seconds East 299.39 feet, thence along an existing fence which is the East property line of the Sandlln property North 01 degrees 45 minutes 19 seconds West 460.28 feet to the POINT OF BEGINNING, containing 33.397 acres, more or less. TEMPORARY CONSTRUCTION AND GRADING EASEfjENT DF. SCRIPTION: A ten (10) foot temporary construction and grading easement of equal and uniform width located along the South side of the proposed new right-of-way of Arkansas Highway 112, as shown on the attached Exhibit. This temporary construction and grading easement contains 2,853 square feet, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Itis hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the -i day of le 1 , 201/. Dale L. Bens let TEMPORARY CONSTRUCTION AND GRADING EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dale L. Benedict and Martha Benedict, husband and wife to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes thereinmentionedand set forth. WITNESS my hand and seal on this 3 day of ."-574 , 2O1/ MY COMMISSION EXPIRES: Oece, kr (€(1)0)0 0 N .tarn •ublic 765-15165-000 JOHNSON CORNER LLC S'02'4730" W 40.00" reri ,,,,,r N 03°3924" E 11.23 g N88"0904'tk 258.81' 765-15830-001 DALE & MARTHA BENEDICT Inst. No. 2007-1736 Inst. No. 98-6377 NW 1/4, SE 1/4 26-17-30 41ECORNEfi NW 1/4, 6E1/4 SECTION 28 T-17-14,R40•Y1. 765-15822-000 PRIORITY BANK N 021)614' E SW10.11E114: SE1/4.? 1/4 4947139 26.17,35 10.00 N 87'5 BEV+, sivtu 29+174) PROP. R/W--- 5,602 S.F. EXIST. STREET EASEMENT — 21,287 S.F. Per Bk. 1131, Pg. 376 PLEASE RETURN TO: CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 (479) 444-3407 FAX: (479) 575-8202 VENDOR FORM Vendor# (For Office Use Only) According to the Federal Income Tax Law, the City Is required to obtain the information listed below from all individuals and companies with whom we do business. Failure to comply may subject you and/or your company to certain penalties, as well as withholding tax. Please complete the following: Sole Proprietorship Corporation Partnership Tax-exempt organization under Section 501(a) Foreign Government X Individual Other (please explain) Tax Identification Number: Federal employer identification number OR Social Security number (for individual or sole proprietors) Name associated with above Social Security number I certify that the above information is true and correct. Dale L. and Martha J. Benedict Name of Individual or Business P.O. Box 1927 Address Fayetteville AR 72704 'City, State, Zip Code Signature Date NIA Title Please mail or FAX this completed form to the City of Fayetteville at the above address or FAX number.