The URL can be used to link to this page

Home My WebLink About22-14 RESOLUTIONRESOLUTION NO. 22-14 A RESOLUTION TO APPROVE A SETTLEMENT AGREEMENT WITH DAVID CLARK MCCLINTON CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE VAN ASCHE DRIVE CONSTRUCTION PROJECT IN THE TOTAL AMOUNT OF $1,420.00 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 David Clark McClinton in the total amount of $1,420.00, as full and final settlement of condemnation litigation (City of Fayetteville v. McClinton, Washington County Circuit Court Case No. CV -2013-2267-7) 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 $920.00, over and above the $500.00 placed on deposit with the court. PASSED and APPROVED this 5th day of February, 2014. APPROVED: ATTEST: 4467Z, SONDRA E. SMITH, City Clerk/Treasurer `11111PP///y Z.®`�FtK c -c TY p.q% • ®• FAYETTEVILLE :'3_ %J' •Q%`q NSP %&$ d t ° ��0 antteville ARKANSAS '< Departmental Correspondence www.accessfayetteville.org TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne DATE: February 3, 2014 LEGAL DEPARTMENT Kit Williams City Attorney Jason B. Kelley Assistant City Attorney RE: Approval of Settlement with David C. McClinton for Purchase of Right of Way and Drainage Easement for Van Asche Drive Construction Project Our office has asked that the above -referenced agenda item be walked on for the February 4, 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. In the City Council's agenda session on January 28, the City Attorney mentioned that we had reached a tentative settlement with Mr. David Clark McClinton to obtain property for the Van Asche Drive Construction Project, but required 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, particularly when it is a lawsuit against one of our residents. If the Council approves this settlement with Mr. McClinton, we will still have to file notice with the Court and obtain an order releasing the funds we paid into the Court registry when we filed the condemnation lawsuit. Therefore, we believe it is important to get this before the Council this week rather than wait two more weeks to seek authority to resolve this lawsuit. The amount of the settlement, $1,420.00, is the same amount as a previous offer to Mr. McClinton by the City and we believe it is a reasonable amount of compensation for this property. Chris Brown Submitted By City of Fayetteville Item Review Form 2014-0050 Legistar File Number 2/4/14 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department A Resolution Approving a Settlement with David Clark McClinton for Purchase of Right of Way and Drainage Easement along Van Asche Drive. Does this item have a cost? $920.00 Yes Cost of this request 4520.9555.5805.00 Account Number 06035.2500 Project Number Budgeted Item? Yes $225,468.89 Category or Project Budget $0.00 Funds Used to Date $224,548.89 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: Com V20130812 01-2)-1.4PO4:31 RCV' THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayettevi l le.o rg CITY COUNCIL AGENDA MEMO City Council Meeting of February 4, 2014 To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services From: Chris Brown Date: January 29, 2014 Subject: Approval of a Settlement with David Clark McClinton for Purchase of Right of Way and Drainage Easement along Van Asche Drive PROPOSAL: Van Asche Drive is planned for improvement 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. 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. In the case of the McClinton's property, $500.00, representing the City's appraised value for the right of way, and drainage easement was deposited with the Court at the time of the filing. Since that time, staff has corresponded with Mr. McClinton's attorney, and they have agreed to accept and additional $920.00 to the appraised value of $500.00 for the right of way and drainage easement. The total amount of compensation would be $1,420.00. 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. RECOMMENDATION: Staff recommends approval of a Resolution authorizing the settlement of the McClinton Condemnation Case. 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. 2014 budget numbers are not yet available, but the Transportation Bond Funding is available for this project. RESOLUTION NO. A RESOLUTION TO APPROVE A SETTLEMENT AGREEMENT WITH DAVID CLARK MCCLINTON CONCERNING CONDEMNATION LITIGATION FILED AS PART OF THE VAN ASCHE DRIVE CONSTRUCTION PROJECT IN THE TOTAL AMOUNT OF $1,420.00 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 David Clark McClinton in the total amount of $1,420.00, as full and final settlement of condemnation litigation (City of Fayetteville v. McClinton, Washington County Circuit Court Case No. CV -2013-2267-7) 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 $920.00, over and above the $500.00 placed on deposit with the court. PASSED and APPROVED this 4th day of February, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Casey, Matt From: Casey, Matt Sent: Wednesday, January 29, 2014 10:04 AM To: Casey, Matt Subject: FW: City of Fayetteville v. McClinton From: Amy Driver [mailto:ADriver{a co.washington.ar.us] Sent: Tuesday, January 28, 2014 4:22 PM To: Pennington, Blake Subject: RE: City of Fayetteville v. McClinton It is confirmed. Thank you. From: Pennington, Blake [mailto:bpennington@fayetteville-ar.gov] Sent: Tuesday, January 28, 2014 4:22 PM To: Amy Driver Cc: Brown, Chris Subject: City of Fayetteville v. McClinton Amy, I just wanted to follow up with you about the settlement of the condemnation suit for your father's property. I went back and looked at the file notes and saw that the previous offer was $1,350.00 for the right of way and an additional $70.00 for a permanent drainage easement. I wanted to make sure we settled for the full amount that the city had offered previously. Would you please confirm that we are settled at $1,420.00? Once I have your confirmation, we can take this to the Council for approval. Thank you, Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Email: bpennington@fayetteville-ar.gov Telephone (479) 575-8313 Facsimile (479) 575-8315 TDD (479) 521-1316 r e Drive Right -of -Way Part of Parcel No, 765-15773.800 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT David C. McClinton, hereinafter called 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 assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the Southwest Quarter (SW Y) of the Northwest Quarter (NW %) of Section Twenty -Seven (27), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin being the Southwest Corner of said forty (40) acre tract as per Instrument No. 2002-167672 filed with the Circuit Clerk of said county; thence along the Westerly line of said tract North 02°31'13" East 47.32 feet to the POINT OF BEGINNING; thence continuing along said Westerly line North 02°31'13" East 71.32 feet; thence leaving said Westerly line South 87°37'33" East 18.94 feet; thence South 00°27'02" West 71.11 feet to the Northerly line of a property described in Instrument No. 2010-26154 as filed with said Circuit Clerk; thence along said Northerly line North 88°18'42" West 21.51 feet to the Point of Beginning, containing 1,440 square feet, more or less, consisting of 930 square feet, more or less, of existing city maintained right-of-way and 510 square feet, more or less, of new right-of-way. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successorspremises; that theasssagme is�unencum ered, and that the said Grantors will forever arcovenant that rant and defe are €nd the title to the seized of said lands and premises;, said lands against all Legal claims whatever. WITNESS the execution hereof on this ,q7 REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. 111111 111 1111 riiIIII 1111 111 III[ ILIO If IIIIII Doc ID 015888140002 Type. REL. Kind: WARRANTY DEED Recorded: 09/09/2014 at 10:09:19 AM Fee Amt: $20.00 Page 1 of 2 Washington County, AR Kyle Sylvester Circuit Clerk File20j,4-00023108 Signed: City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 STATE OF ARKANSAS COUNTY OF WASHINGTON day of .1 dam David C. McClinton , 2013, ACKNOWLEDGMENT BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned n�4_ ctin_g Notary Public within and for said County and State, personally appeared David C. McClinton and acknowledged well signed, x the person(s)awho lve edXsaidte instrument for td the he consideration, uses and who and purposeted an s therein mentioned and set had so signed, executed forth WITNESS my hand and seal on this day of A,AY MY COMMISSION EXPIRES: Notary Public wren WOAD fr MARCU3 3tWAflD Washington County My Commission Expires March 10,2015 File Number: 201400023108 Page 1 o12 N 02°31'13" E 100.41' CITY MAINTAINED:' RAY 11.54' tsa VJ cc S 89°57'06" E 13.27' N 0211 E,' S 0000254° W 101.15' N 01°10'43"E 100.73' 89 N 88°18'4? W 15:26' S 315:633' W 1/4 CORNER SECTION 27 T-17-1, R-3041 2002-167672 765-15820-000 %GOLDIE F. HARRISON 286.45' J tv g: 5 1g Oitatattattit SW 1/4, NW 1/4 SECTION 27 T -177-N, R -30-W 765-15773-800 DAVID CLARK MCCLINTON Deed Bk. 920, Pg. 88 N 02°42'00' E 11.77' S 8716'52" E 25.00' N 02"2617' E 51.45' DM STREET DEDICATION Per lost Nu 2002-157672 765-15804-000 JUDY EAGLE; IORK EAGLE PROP. R/W --- 1440 S.F. EXIST CITY MAINTAINED R/W --- 1278 S.F.' DRAINAGE EASEMENT --- 289 S.F. S 02°37'01" W 11.32' N 88°18'42" W 25.02 40 -ACRE UNE 765-15804-001 TRIKOZ INC 765-15783-000 WG LAND COMPANY LIMITED D ACQUISITION AND DRAINAGE . EASEMENT DAVID CLARK McCLINTON r e Drive Right -of -Way rt of Parcel No. 765-15773-800 DRAINAGE EASEMENT BE IT KNOWN BYTHESE PRESENTS: THAT David C. McClinton, hereinafter called 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, SELL and CONVEY unto the City. of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, maintain, repair and/or replace an earthen retaining levee, drainage pipe, open ditch, concrete channel and/or concrete inlet box, and appurtenances thereto, on over, across, under and through the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Book 920 at Page 88) The Half of the Southwst Quarter of the Northwest in 27 TownshiptSeventeen (17) North, of Range Thirty (30) West of t eu5- Principal Meridian, conta niing(twenty (20) acres. PERMANENT EASEMENT DESCRIPTION: A part of the Southwest Quarter (SW %) of the Northwest Quarter (NW 1/4) of Section Twenty -Seven (27), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin being the Southwest Comer of said forty (40) acre tract as per Instrument No. 2002-167672 filed with the Circuit Clerk of said county; thence along the Southerly Zine of said forty (40) acre tract South 87°33'42"East 315.63 feet; thence leaving said Southerly line North 02°26'17 East 51.45 feet to the POINT OF BEGINNING; thence North 02°42'00" East 11.77 feet; thence South 87°16'25" East 25.00 feet; thence South 02°37'01" West 11.32 feet to the Northerly tine of a property described in Instrument No. 2010-26154 as filed with said Circuit Clerk; thence along said Northerly line North 88°18'42" West 25.02 feet to the Point of Beginning, containing 289 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. her from the TO real e tate first heerelnTO OLD unto said above described for thes successors and uses and purposes hereinabove set withfreeingress to and egress The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional drainage structures within the above described permanent easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. 1111111111111111111111111111 Doc E0: 015888130 Type: Kind: EASEMENT Recorded: 09/09/2014 at 10:07:17 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk FUe2014-00021] DAMAGE: Grantee shall repair any damage caused by construction and maintenance of the easement and right of way, including repair to any fencing. AMENDMENTS: Verbal amendments are not permitted. Any amendments shall be in writing and signed by both the Grantee and Grantor. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right leg byrepresentatives,ntd. All uccessand ors and assigns of herein containeds hall extend to and be binding upon the respective heirs, File Number: 201400023107 Page 1 of 3 ge Easement age 2of2 It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to made any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 2 \ day of Av i 9 , 2014. d c t4(/iv David C. McClinton )11AP/a se] STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Pou liliicc within and for said County and State, personally appeared David C. McClinton and well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the conside -tion, uses and purposes therein mentioned and set forth. ACKNOWLEDGMENT ss. WITNESS my hand and seal ori iti4 7 day of Avis‘40 ///i MY COMMISSION EXPIRES: �. `Q4•'4`. SVpty , 1��.Fi ' � ;��NOTARY i� .• Notary Public '/ 70•„00;• File Number: 201500023107 Paye 2 of 3 N 02°31'13' E 100.41' c{W MAMNTNH83 PjW S89°57'06' E 13.27' SW 1/4, NW 1/4 SECTION 27 T-17-14, R -30-W 765-15773-800 DAVID CLARK NICCIINTON Deed Bk. 920, Pg. 88 S 00°0254" W 101.15' o, N 0110'434E 100.73' 113545783-500 WG LAND COMPA f LIMO S 8r16'52" E N 02°42'00" E 25.00 11.77' 4S P,0.8: pE S 02°3701'`W 11,32' N138°18'421" W 15:26' 51r3342'E 315.63' W 1/4 CORNER SECTION 27 7-1 744 R-304 2002-167672 N 1:°18'42"W 25.02 40 -ACRE urs ECM MET DEOICOON Per last No. 2002167672 765-1582M GOUE F, HARRISON 765.45804-000 JUDY EACLe KIRK EAGLE 765-15804.001 TR= NC 765-1S783-000 WG 'LAND COMPANfMIRED PROP. R/W --- 1440 S.F. EXIST CITY MAINTAINED R/W --- 1278 S.F. DRAINAGE EASEMENT ---- 289 S.F.