HomeMy WebLinkAbout125-15 RESOLUTIONRESOLUTION NO. 125-15
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY
FIRST FEDERAL BANK AND THE GARLAN AND GEORGIA READING
TRUST NEEDED FOR THE EXTENSION OF RUPPLE ROAD FROM
PERSIMMON STREET TO MARTIN LUTHER KING, JR. BOULEVARD
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 extension of
Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard; and
WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly
to begin work on these public improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council for 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
Rupple Road extension project and owned by First Federal Bank 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
Rupple Road extension project and owned by the Garlan and Georgia Reading Trust 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 21St day of July, 2015.
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ATTEST:
SONDRA E. SMITH, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
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Text File
-- File Number: 2015-0310
Agenda Date: 7/21/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
BEAR STATE BANK/GARLAN AND GEORGIA READING TRUST CONDEMNATION AND
POSSESSION
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY BEAR STATE BANK, FORMERLY KNOWN
AS FIRST FEDERAL BANK, OR ITS ASSIGNS, AND THE GARLAN AND GEORGIA READING
TRUST NEEDED FOR THE EXTENSION OF RUPPLE ROAD FROM PERSIMMON STREET TO
MARTIN LUTHER KING, JR. BOULEVARD
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 extension of Rupple
Road from Persimmon Street to Martin Luther King, Jr. Boulevard; and
WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to
begin work on these public improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council for 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 Rupple
Road extension project and owned by Bear State Bank, formerly known as First Federal Bank, or its
assigns, 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 Rupple
Road extension project and owned by the Garlan and Georgia Reading Trust 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.
City of Fayetteville, Arkansas Page 1 Printed on 712012015
City of Fayetteville Staff Review Form
2015-0310
Legistar File ID
7/21/2€315
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Chris Brown 7/1/2015 Engineering
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession of certain
lands owned First Federal Bank, and the Garlan & Georgia Reading Trust necessary for the Rupple Road — IVILK to
Persimmon Roadway Project.
4520.9555.5805.00
Account Number
06035.2400
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Transportation Bond Street Improvements
Fund
Rupple Road (MILK to Persimmon)
Project Title
Current Budget $ 8,372,613.00
Funds Obligated $ 215,482.61
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 10,225.00
V20140710
Approval Date:
CITY OF
T0'1• . P
a �1 V
ARKANSAS
MEETING OF JULY 21, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: July 2, 2015
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek
condemnation and orders of possession of certain lands owned by First
Federal Bank and the Garlan & Georgia Reading Trust necessary for the
Rupple Road — MILK to Persimmon Roadway Project.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by
condemnation of portions of properties along the Rupple Road project from Martin Luther King
Blvd to Persimmon Street.
BACKGROUND:
In May 2014, the City Council approved.a contract with Jorgensen & Associates, Inc. for design
services for the Rupple Road- MLK to Persimmon project. Rupple Road is shown on the City of
Fayetteville Master Street plan as a Principal Arterial Parkway from Martin Luther King Blvd.
(Highway 62) north to Howard Nickell Road. The street cross section will include four lanes with
a 15' wide median, a 12' trail and a 5' sidewalk. Roundabouts are included in the design at the
three intersections with the future Collector street locations as shown on the Master Street Plan.
The design is now complete and the project is scheduled to be bid on July 24, 2015. City staff
began negotiations for the ROW and easement acquisition in April of 2015.
DISCUSSION:
The owners of the attached properties have expressed various concerns and have refused to
sign right -of —way and/or easement documents based on their concerns. These properties
represent the final 2 of the total 5 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 and easements be acquired in a timely manner so as not to delay the
construction of the project.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701