The URL can be used to link to this page

Home My WebLink About172-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 172-16 File Number: 2016-0419 CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIONS: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DRAKE ST PROPERTY, LLC, 1155 PROPERTIES, AND RPM1 PROPERTIES-FAYETTEVILLE, LLC A/K/A RPM1 PROPERTIES, LLC FOR THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112 INTERCHANGE, AND TO APPROVE A BUDGET ADJUSTMENT. 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 water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange; 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 water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by Drake St Property, LLC 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 water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by 1155 Properties 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. Page 1 Printed on 9121/16 Resolution: 172-16 File Number.' 2016-0419 Section 3: 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 water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by RPM1 Properties - Fayetteville, LLC a/k/a RMP1 Properties, LLC 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 4: 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 9/20/2016 Approved: ld Jordan, Attest: Sondra E. Smith, City Clerk Treasurer 10 =U' ' ["AYETTEvll-LEOXr. T 14111111100 Page 2 Printed on 9021/16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 _ (479) 575-8323 r � Text File File Number: 2016-0419 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIONS: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DRAKE ST PROPERTY, LLC, 1155 PROPERTIES, AND RPM1 PROPERTIES-FAYETTEVILLE, LLC A/K/A RPM1 PROPERTIES, LLC FOR THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112 INTERCHANGE, AND TO APPROVE A BUDGET ADJUSTMENT 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 water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange; 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 tc file suit to seek court-ordered possession of property located on or near the planned water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by Drake St Property, LLC that is needed for right -0f --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 water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by 1155 Properties that is needed for right -0f -way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. Section 3: 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 water and sewer relocation project associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and owned by RPM1 Properties - Fayetteville, LLC a/k/a RMP1 Properties, LLC that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Courtjust compensation therefor. Section 4: 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 9/21/2016 Tim Nyander Submitted By City of Fayetteville Staff Review Form Legistar File ID 9/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/7/2016 Utilities Director/ _ Utilities Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of easements on of portions of properties necessary for Construction Contract, BID 16-49, Construction, Porter RD — HWY 112/71B Widening and Interchange Water and Sewer Relocations for an estimated cost of $525,900.00 - 87.06% is reimbursable from the AHTD and approval of a budget adjustment. AHTD cost is $457,848.00 and City cost is $68,052.00. Budget Impact: 5400.720.5700-5810.00 Water/Sewer Account Number 11011.1501 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Previous Ordinance or Resolution # Original Contract Number: Comments: Fund Water/Sewer Relocations -Bond Projects Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,074,496.00 $ 89, 559.84 $ 52.5,900.00 $ 457,848.00 Approval Date: V20140710 CITY OF • le ARKANSAS MEETING OF SEPTEMBER 20, 2016 TO: Mayor Jordan and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Water & Sewer Committee CITY COUNCIL AGENDA MENTO FROM: Jim Beavers, P.E. DATE: September 6, 2016 SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and orders of possession for water and sewer easements necessary for the City of Fayetteville, Arkansas; Construction Contract, BID 16-49, Construction, Porter RD — HWY 112/71 B Widening: and Interchange Water and Sewer Relocations for an estimated cost of $525,900.00 and approval of a budget adjustment. 87.06% is reimbursable from the AHTD. AHTD cost is $457,848.00 and City cost is $68,052.00. RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of easements on of portions of properties necessary for Construction Contract, BID 16-49, Construction, Porter RD — HWY 112/71B Widening and Interchange Water and Sewer Relocations and approval of a budget adjustment. The water and sanitary sewer relocations are required for the construction of the new highway interchange by the Arkansas Highway and Transportation Department, Project AHTD Job BB0414 (PORTER RD. — HWY. 112/71B WIDENING & INTCHNG. IMPVTS. (S). BACKGROUND: In February 2015, the City Council approved by Resolution no. 43-15 the engineering contract with Garver for design of the water/sewer relocations associated with AHTD project BB0414 — 1-49/Hwy 112. The design was substantially completed in June 2015. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 As the new City of Fayetteville water and sewer easements are contiguous to the new AHTD right-of-way (ROW), the City's easement acquisition was dependent upon, and progressed with, the AHTD ROW acquisition. Certain easement negotiations were delayed until AHTD ROW acquisitions could be completed through AHTD purchase and/or condemnation. The water and sewer relocations require ten new permanent easements. Five required easements have been acquired as of this date. Of the five remaining easements to be acquired, there are four entities and two general ownerships as follows: AHTD Tract Property Owner Owner Contact 5 Drake Street Property LLC Mr. Pendergraft 6 1155 Properties Mr. Pendergraft 7 1155 Properties Mr. Pendergraft 8 RPM1 Properties LLC Mr. Pendergraft 10 Nelms, LLLP Mr. Nelms Parcel No 765-15840-000 765-15908-000 765-15889-000 765-15887-000 765-15847-000 The Highway Construction project, AHTD Job BB0414 (PORTER RD. — HWY. 112/71 B WIDENING & INTCHNG. IMPVTS. (S) is scheduled to start construction in September 2016. The City's water and sewer relocations construction (two Additional Agenda items) is also schedule to start in September 2016. Staff will continue to negotiate with the property owners to avoid condemnation whenever possible. However, it is imperative that the easements be acquired in order not to delay the AHTD construction or contract. DISCUSSION: As of this date, the City is continuing discussion with the property owners for the referenced easement. BUDGET/STAFF IMPACT: The current working estimate for the costs of these 5 easements is $525,900.00. E The water and sewer relocation project is 87.06% reimbursable from AHTD. Budgeted funds for the City's portion are available in 11011 W/S Relocations for Street Bond Projects. Attachments: Staff Review Form Budget Adjustment Easement definition documents Tracts 5,6,7,8,10