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Home My WebLink About81-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 81-16 File Number: 2016-0140 CONDEMNATION OF FIFTEEN FOOT STRIP OF LAND IN SPRING STREET PARKING LOT: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE UNKNOWN HEIRS OF JOHN AND ALMA REHM NEEDED FOR THE OPERATION AND DEVELOPMENT OF LOT 56, A CITY -OPERATED PUBLIC PARKING LOT, AND TO APPROVE A BUDGET ADJUSTMENT. WHEREAS, in anticipation of possible future development, a survey was commissioned by the City of property at the intersection of West Avenue and Spring Street that was purchased from Fayetteville School District No. 1 in 1995 and which is currently used as a public parking lot; and WHEREAS, the survey identified a 15 x 152 foot strip of land on a portion of the property that was conveyed in 1907 by John and Alma Rehm to the St. Louis and San Francisco Railroad Company as a railroad easement, but which reverted to the Rehms after it was not used for railroad purposes; and WHEREAS, the City must acquire clear title to the 15 x 152 foot strip of land in order to proceed with future development of the property but the City has been unable to locate any heirs of John and Alma Rehm to attempt to negotiate a conveyance of the property to the City; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin the development of necessary 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 Page 1 Printed on 4120116 File Number: 2016-0140 Resolution: 81-16 City Attorney to file suit to seek court-ordered possession of property located near the intersection of West Avenue and Spring Street which is owned by the Unknown Heirs of John and Alma Rehm, 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 approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 4/19/2016 Attest: Sondra E. Smith, City Clerk Treasurer `ti1rr► FKfiI+T��r, GI T Y ©`;'�' : FAYETTEVILLE ��rlON11IM ;,``�ti Page 2 Printed on 4120/16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0140 Agenda Date: 4/19/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 CONDEMNATION OF FIFTEEN FOOT STRIP OF LAND IN SPRING STREET PARKING LOT: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE UNKNOWN HEIRS OF JOHN AND ALMA REHM NEEDED FOR THE OPERATION AND DEVELOPMENT OF LOT 56, A CITY -OPERATED PUBLIC PARKING LOT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in anticipation of possible future development, a survey was commissioned by the City of property at the intersection of West Avenue and Spring Street that was purchased from Fayetteville School District No. 1 in 1995 and which is currently used as a public parking lot; and WHEREAS, the survey identified a 15 x 152 foot strip of land on a portion of the property that was conveyed in 1907 by John and Alma Rehm to the St. Louis and San Francisco Railroad Company as a railroad easement, but which reverted to the Rehms after it was not used for railroad purposes; and WHEREAS, the City must acquire clear title to the 15 x 152 foot strip of land in order to proceed with future development of the property but the City has been unable to locate any heirs of John and Alma Rehm to attempt to negotiate a conveyance of the property to the City; and WHEREAS, the City of Fayetteville needs to gain possession of this property promptly to begin the development of necessary 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 near the intersection of West Avenue and Spring Street which is owned by the Unknown Heirs of John and Alma Rehm, 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 approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 412012016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0140 Legistar File ID 4/19/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2016 Development Services / Development Services Department Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY THE UNKNOWN HEIRS OF JOHN AND ALMA REHM NEEDED FOR OPERATION OF LOT 56, A CITY - OPERATED PUBLIC PARKING LOT, AND APPROVAL OF A BUDGET ADJUSTMENT Budget Impact: 4470.9470.5805.00 Sales Tax Capital Improvements Account Number 16011-1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Parking Lot 56 Land Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost $ 37,000.00 Budget Adjustment S 37,000.00 Remaining Budget i V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: