HomeMy WebLinkAbout167-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 167-17
File Number: 2017-0424
JAMES L. & JUDITH A. HAZEN CONDEMNATION AND POSSESSION:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY THE LINKS AT FAYETTEVILLE, A LIMITED
PARTNERSHIP, AND JAMES L. AND JUDITH A. HAZEN NEEDED FOR THE EXTENSION OF
RUPPLE ROAD FROM WEST STARRY NIGHT VIEW TO MOUNT COMFORT ROAD
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
West Starry Night View to Mount Comfort Road; 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 The Links at Fayetteville, a Limited Partnership, 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 James L. and Judith A. Hazen 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 8116117
Resolution: 167-17
File Number 2017-0424
PASSED and APPROVED on 8/15/2017
A nnrnverl
Attest:
4�5'- xx4',-4 -
Sondra E. Smith, City Clerk Treasurer
I AYETTEVILLE"''=
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l�N411 ti �iitit►''����,�
Page 2 Printed on 8116117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
n, (479) 575-8323
ljl
u
Text File
File Number: 2017-0424
Agenda Date: 8/15/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
JAMES L. & JUDITH A. HAZEN CONDEMNATION AND POSSESSION:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY THE LINKS AT FAYETTEVILLE, A LIMITED
PARTNERSHIP, AND JAMES L. AND JUDITH A. HAZEN NEEDED FOR THE EXTENSION OF
RUPPLE ROAD FROM WEST STARRY NIGHT VIEW TO MOUNT COMFORT ROAD
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 West Starry Night View to Mount Comfort Road; 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 I: 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 The Links at Fayetteville, a Limited Partnership, 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 James L. and Judith A. Hazen 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 8/16/2017
City of Fayetteville Staff Review Form
2017-0424
Legistar File ID
8/15/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Paul Libertini 8/1/2017 ENGINEERING (621)
Submitted By Submitted Date - Division / Department
Action Recommendation:
Approval of a Resolution authorizing the City Attorney to seek condemnation and possession of certain lands
owned by The Links At Fayetteville and James L. & Judith A. Hazen necessary for the Rupple Road (Starry Night View
to Mt. Comfort Rd.) Project.
4470.800.8835-5805.00
Account Number
06035.3100
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Rupple Rd (BF Lane to Mt. Comfort)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
851,592.00
$
475,009.00
6,583,00
$
191,200.00
Approval Date:
V20140710
I
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 15, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineered
DATE: August 1, 2017
CITY COUNCIL MEMO
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek
condemnation and possession of certain lands owned by The Links At
Fayetteville and James L. & Judith A. Hazen necessary for the Rupple Road
(Starry Night View to Mt. Comfort Rd.) Project.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by
condemnation of portions of properties along Rupple Road from Starry Night View to Mt.
Comfort Road.
-BACKGROUND:
The Rupple Road Improvements Project from Starry Night View to Mt. Comfort Road is a part of
the overall Transportation Bond Improvements Program. This project is partially funded with
Federal -aid which requires that all properties must be acquired prior to advertising for bids. There
are only 3 (three) property owners that will be affected by this project, but since one property only
involves a temporary construction easement, this resolution will only affect 2 (two) property
owners: The Links at Fayetteville, and James L. & Judith A. Hazen.
DISCUSSION:
All properties must be acquired by August 315' for FHWA to obligate construction funds of
approximately $2,488,000 for FY 2017. If these properties are not acquired by the calendar
deadline, the City is in jeopardy of losing the construction funding. The City has already received
$1,000,000 in federal funding for this project for engineering, environmental mitigation, right-of-
way and utilities. Additionally, the City has applied for Federal -aid in the amount of $2,320,000
for FY 2018 also to be used for construction. This will bring the total amount of Federal -aid to
$5,808,000 for this project.
Condemnation is not the first option, but in order to meet the time constraints, the City needs to
have the authorization to seek possession by condemnation in-place and ready to go in case
either of the property owners want to continue to negotiate the settlement amount or there is delay
in receiving approvals from AHTD and/or FHWA. The City is in possession of approved real
estate appraisal reports and is ready to make offers as soon as we receive the authorization by
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AHTD/FHWA. Staff is pursuing both avenues of acquisition: offer letters & acceptance by
property owner, and condemnation (the last resort). If condemnation becomes a reality, the City
will deposit the appraised value of the land into the court's registry with the final settlement to be
determined by further negotiations, and in rare cases, a jury trial.
BUDGET/STAFF IMPACT:
The payment for land acquisition will be made from the project budget allocated for the Rupple
Road Improvements Project which is funded by the Transportation Bond Fund. The agenda
item staff review form indicates $191,200 as the cost of this request ($18,000 for the Links &
$173,200 for the Hazens). It should be noted that this is an estimate, based on the appraised
values of the properties, and that the final cost is subject to negotiation with the property owners
or by court order. The appraised value will be deposited into the Registry of the Circuit Court as
just compensation when the condemnation complaint is filed for each property.
Attachments:
Right of Way Plans and property exhibits
O
ZEO
NW CQRNER �—
-�
NW 1/4 S W 1 /4, �I
SECTION 6, J
T -16—N, R -30—W
rn
M T COMFOR T ROA
S 873833" E
98.52' L9
�.J
03:.
/w
�!J 15 96.54'
4_1. N 8738 33" L4ry
�4POSED
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�v N
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT a C,.. Q3 1
kUlz
PARCEL NO. 765-24063-000 146
PARCEL NO. 765-24068-000 PROPOSED TEMPORARY
JAMES L. & JUDITH A. HAZEN r CONSTRUCTION EASEMEN
SURVEY- 2 0 08-1 7530
107 -FOOT f
RIGHT OF WAY
2011-24470
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
4�
PROPO { L 1 B
DRAIN
L32 EAS ENT
EASEMEI� I "�
925-784 �,E uP� CLQ _ G �� L19
925-786
'` N 873833'' W .''f'CaA L23
\ L2g c 334.80' / L24
N 873833" W h
180.70'
rn
\ BEARINGS - GRID
LEGEND \ \ ARKANSAS NORTH ZONE
�h
EXISTING PROPERTY LINE GRAPHIC SCALE
R/W EXISTING RIGHT OF WAY LINE
-- EXISTING EASEMENT LINE 100 0 50 100
R/W PROPOSED RIGHT OF WAY LINE
— PROPOSED EASEMENT LINE
— — — — — -- --- — — PROPOSED TEMP, CONST. EASEMENT LINE
THIS £XM61T IS A SKETCH DE'SCR1PnW ONLY OF THE Sri'£, .SHAPE ( IN FEET )
ANDLOCATION OF 7HE PROPOSED CA9VUEA4TS AND DDES NOT 1 inch = 100 ft. 1 0 F 3
CONSTITUTE A PLAT OR SURLY OF 714E GRANTORS PROPERTY.
CITY OF FAYETTEVILLE CITY OF JOB NO, DATE
2049 EAST JOYCE BOULVARDS• 09047100 FEB. 27, 2017
SUITE 400 FAYETTEVILLE, ARKANSAS � 0
FAYETTEVILLE, ARKANSAS 72704 RUPPLE ROAD - W. STARRY NIGHT „ TRACT 1
479 527-9100 VIEW - W. MOUNT COMFORT ROAD. "EXHIBIT A 1
ARKANSAS
PARCEL NO. 765-24063-000
PARCEL NO. 765-24068-000
JAMES L. & JU911 1 A. HA ZEN
SUR BEY 2008-175JO \ t ,
A \ i] u N 8738 33 W / / �O
l
PROPOSED GRADING r� L2 0_
EASEMENT
f� o, 7 ��ry.•% 180.70' h
°' '`,r• ' , NN 87383'' Wt
$ ! •'� :./,fir r'7 %> %//% Yr,,r Y /f �.� '.. �+,,.�.%\. ,5'�,
to
bo
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� / f 7 ^� -,PROPOSED GRADIN
��i+ �� f /; 1 "�� . ro EASEMENT
• ,1> .%'./� PROPOSED TEMPORARY
�srp t r 4j CONSTRUCTION EASEMENT
/ r 7J int 1-0,L58
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IV
ry
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i co.
ek,%. f.
_ t .�°� PROPOSED TEMPORARY �
Z {
nw1 .' `4( �<-jj, CONSTRUCTION EASEMENT
co
ARKANSAS R
ORTHONE
L37 L71 — — — N 865940" W
r{
648.74'
SE CORNER
NE 1/4 SE 1/4
SECTION 1,
LEGEND T -16–N, R -31–W
EXISTING PROPERTY LINE
R/W EXISTING RIGHT OF WAY LINE GRAPHIC SCALE
— EXISTING EASEMENT LINE
R/W PROPOSED RIGHT OF WAY LINE 100 0 50 100
— PROPOSED EASEMENT LINE
— — — — — — — — — — PROPOSED TEMP. CONST. EASEMENT LINE
rnrs ExHlsrr IS A SIfErCH DESCRIPTItiE aNt r or THSSIZE, SHAPE ( IN FEET )
AND LOCATION OF THE PROPOSCD EASEAIENTS AND D0275 NOT 2 0 F 3
COA'Srl[UTf A Pt AI OR Sll(,WY OF DfE GRANTOR'S PROPERTY.1 inch = 100 ft.
2049 EAST JOYCE BOULVARD ,CITY OF FAYETTEVILLE CITY OF JOB NO. DATE
SUITE ev
400 FAYETTEVILLE,
ARKANSAS 72704 FAYETTEVILLE, ARKANSAS 09047100 FEB. 27, 2017
FAYETTEVILLE,
RUPPLE ROAD - W. STARRY NIGHT "EXHIBIT A" TRACT 1
VIEW - W. MOUNT COMFORT ROAD. y Alt ��' : 1
LINE
ANGLE
DETLA
DISTANCE
L1
S
50'40'34"
W
49.86
L2
S
26'58 38
W
125.81'
L3
N
02-39'05"
E
69.53
L4
N
86'39'03'
E
4.80'
L5
N
22-4648"
E
33.58
L6
N
82'07'41
E
72-67
L7
N
26-58'38"
E
121.87
L8
N
50'40'34
E
65.13
L9
S
80'19'08" W
20.22
L10
S
02'39'05
W
58.28
L11
N
01°58'48'
E
143.83'
L12
N
50'57 34"
W
32.83'
L13
S
8849'02"
E
1 6.25
L14
S
35'04'30
E
36.91
L15
N
86'3 9 03
E
7.29'
L16
S
01'58 48
W
191.68
L17
N
50'5734"
W
12.53
L 18
N
8738 33
W
69.50
L19
N 873833" W
9158
L20
S
53-35'03"
E
10.00
L21
N
44'11'05"
W
10.00
L22
IS
53'35'03"
E
7.08
L23
S
53'35 03
E
10.00
L24
I N
44-11'05"
W
10.00
L25
N
25-08'27"
Ill
43.29'
LINE
ANGLE
DETLA
DISTANCE
L26
N
64°51'33"
W
10,00'
L27
S
25'08 27' W
50.72
L28
N
78"30'08"
E
12.47
L29
S
78'30'08"
W
7.50'
L30
N
53' 19'38"
W
78.17
L31
N
21'07 59
E
39.86
L32
S
76'37'45"
E
108.63
1_33
S
44'11'05"
E
37.25
L34
N
4548'55"
E
38.50'
L35
S
44'11'05"
E
7.15'
L36
S
78',30'08" W
31.80
L37
N
86'59'04
W
47.85'
L39
N
28' 12 48
E
52.26
L40
N
44'06'20"
W
3.65'
L41
S
44°11 05'
E
107.00'
L42
I N
45'48 55
E
73.10
113.04'
S
42°11 02' W
55.22'
W
S
44'11'05"
E
12.50'
W
S
45'48 55
W
73.21N
W
3.71
45'26'35"
E
46.35'
I
S
45'26 35
W
134.96N
E
10-86
44'3325
W
46.16
55.18'
N
45'4855
E
48.09N
31-22'45"
E
21.41'
LINE
ANGLE
DETLA
DISTANCE
L51
N
61'44'19 "
E
80.32'
L52
N
38'22 29'
E
59.04
L53
S
5 1'37 31
E
40.55
L54
N
74'28'43
E
96.12'
L55
N
58'37'49
E
28.85'
L56
N
85'4810
E
31.64'
L57
N
07'04 32
E
30.00
L58
S
85'48' 10" W
73.07
L59
S
45'48'55
W
18.72'
L60
N
44' 11'05"
W
48.58
L61
S
45'48 55"
W
30.00'
L62
S
44'11'05
E
48.58
L63
S
74-28'43"
W
59.63
L64
N
51-37'37W
C11
18.41'
L65
S
38'22 29'
W
83.50
L66
S
55'00'43"
W
113.04'
L67
S
10-40'52"
W
45.80
L68
S
38'35'29"
W
119.40
L69
S
0 1'40 21
W
3.71
L70
N
78'30 08
E
51.77
L71
S
86-59'04"
E
10-86
CURV
LENGTH
DETLA
RADUIS CHORD
88,628
Cl
33.04'
3'21 35
563.50
N
4'19 52 W
33.04
C2
267.34'
27'10'58'
563.50
S
19'36'08" W 264.84
C3
59.03'
6'08'57
550 00
S
33'20'29*' W
59,00'
-C4
329.73
32'56 31
573.50
N
22'40'03" E
325.21
C5
84.91
1_'39 28
456.50
S 07-58'48" W
84.79
C6
41.54'
5'12'48"
456.50' N
15'5456 E
41.52'
C7
93.51'
9'23 58"
570.00
S
41'06 56" W
93.40'
C8
91.87'
9°23 58
560.00
N
41'06 56' E
91.77
C9
90.23'
9'23'58
550.00
S
41'06 56 W
90,13
C10
149.25'
15'32'54"
550.00' S
38"02'28" W
148.80
C11
124.13'
12'37'18'
563.50
N
39'3016 E
123.88'
C12
179.08'
2176'03"
475.00'
N
17'24'47' E
178,02
C13
62.91'
87'54'37"
41.00'
N
00'10'48" W
56.92
C14
212.83'
22'29'53'
542.00
S
34'33'59 W 211.46
C15
40.96'
1 4'56'24"
1 475.00
S
04'08'33" W
40.94
C16
55.20'
1 5'18'44"
1595.42
N
25'29'47" E
55.18'
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
88,628
2.04
PROPOSED GRADING EASEMENT
31,512
0.72
PROPOSED DRAINAGE EASEMENT
1,380
0.03
PROPOSED TEMP. CONST. EASEMENT
47,902
1.10
NIS EXH191T IS A SKETCH DESMPRVE ONL r OF THE SIZE, _WA PE
AND LOCA nON Of THE" PROPOSED EASEMENTS AND DOES NOT
CONS 77RlTE A PLAT OR SUR VEr OF 7HL' GRANTOR'S PRCI-ERTY.
2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE CITY OF
SUITE 400 FAYETTEVILLE, ARKANSAS 'o olle
FAYETTEVILLE, ARKANSAS 72704 RUPPLE ROAD - W. STARRY NIGHT �Y
479527-9100 VIEW - W. MOUNT COMFORT ROAD.
AR ANSAS
3OF3
JOB NO. DATE
09047100 FEB. 27, 2017
"EXHIBIT A"I TRACT 1
LINE
ANGLE
ACRES
DISTANCE
Ll
S 87'08 20
E
28.64
L2
N
87'08 20
W
14.38
1_3
S
04'47 45
W
55.43'
L4
S
28'15 58'
W
52.26
L5
S
14'59'45"
W
54.97
L6
IN
04`57'29"
E
71.78'
L7
N
12'05 59
E
73.40
L8
N
11'0019'
E
44.51'
L9
N
50'55'56"
E
61.83
L10
S
14'59 45
W
59.47
L11
S 79'18 29
E
49.24
L12
N
03'48 36
E
33.76
Li,
N
65'33'54"
Wl
46.27
Of
_PROPOSED TEMPORARY
CONSTRUCTION EASEMENT /
L11 or
3
( 73 J �\
CURVE I LENGTH DETLA IRADUIS ICHORD �b
Cl 1 361.35' 31'35'06" 655.50 IN 20'45'02" E 356.80 ,l /
C2 327.33' 27'47'06 675.00 N 18'51 02 E 324.14 I a
PROPOSED GRADING /
EASEMENT
PARCEL NO. 765-24067-000
JAMES L. & JUDITH A. HAZEN
RECORD DEED: 2006-18227 & SURVEY- 2008-17550 v�
�k SW CORNER
CNE 1%4 SE 1/4
SECTION 1,
N I T -16-N, R -31-W
! /
PROPOSED
RIGHT OF WAY
--_ I L1 L2
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
J
J
--_ I L1 L2
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
9,153
0.21
PROPOSED GRADING EASEMENT
10,311
0.24
PROPOSED TEMP. CONST. EASEMENT
1,827
0.04
LEGEND
EXISTING PROPERTY LINE
R/W EXISTING RIGHT OF WAY LINE
EXISTING EASEMENT LINE
— R/W PROPOSED RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
— — — — PROPOSED TEMP. CONST. EASEMENT LINE
THIS EXHIBIT lS A SKETCH DESCRIPTIVE ONLY OF THE SIZE, SHAPE
AND LOCATION OF THE PROPOSED EASEMENTS AND DOES NOT
CONSTITUTE A PLAT OR SURVEY OF THE GRANTOR'S PROPERTY.
( IN FEET )
inch = 100 ft.
2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE CITY ofJOB NO. DATE
SUITE 400 FAYETTEVILLE, ARKANSASApft%•_ 09047100 NOV.17, 2016
FAYETTEVILLE, ARKANSAS 72704 RUPPLE ROAD - W. STARRY NIGHT e ��' „ , TRACT
��
479 527-9100 VIEW - W. MOUNT COMFORT ROAD. yAltEXHIBIT A' 4
K,AN A
li
�I I
IJ
V
BEARINGS - GRID
ARKANSAS NORTH ZONE
GRAPHIC
SCALE
( IN FEET )
inch = 100 ft.
2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE CITY ofJOB NO. DATE
SUITE 400 FAYETTEVILLE, ARKANSASApft%•_ 09047100 NOV.17, 2016
FAYETTEVILLE, ARKANSAS 72704 RUPPLE ROAD - W. STARRY NIGHT e ��' „ , TRACT
��
479 527-9100 VIEW - W. MOUNT COMFORT ROAD. yAltEXHIBIT A' 4
K,AN A
y L3 L2 L1
PROPOSED _
RIGHT OF WAY
_PROPOSED
l I GRADING EASEMENT
:j
N 86 59 04 " W
636.48'
NE CORNER
SE 1/4 SE 1/4
SECTION 1,
T -16-N, R -31-W
PARCEL NO. 765-24077-000
LINKS A T FA YETTEVILLE
RECORD DEED: 2006-43544
RECORD SURVEYS: 2008-1594 & 1595 & 23A-349
PROPOSED TEMPORARY__
j COhlSTRUCTIOM EASEME{dT
3 1
A
n n
.n,j
i.� 0w .n 0 +ac cnd
rn�
m ;!:i Lo
CN
CN fn�n
10104
a Z (n z
V7
r
DE ---TLA
DISTANCE
L1
N
86'59'04"
�
1
L2
N
86'59'04"
LINE
ANGLE
DE ---TLA
DISTANCE
L1
N
86'59'04"
W
12.26
L2
N
86'59'04"
W
10.86
L3
N
86'59 04
W
10.05
14
S
85'02'31
E
13.50
L5
S
38-22'29"
W
12.03
1-6
1 N
85'02 31 '
WI
7.00'
17
IS
85'02'31
E 1
10.00
18
1 N
38-22'29"
E 1
17.72
CURVE
LENG
DE ---TLA
RADUIS
CHORD
0.10
PROPOSED UTILITY EASEMENT
C1
198.41'
18'04'38'
628.85
S
13'59 48
W
197.58'
C2
173.67'
18°21'33"
542.00
N
14'0815'
E
172.93
C3
163.58'
17'31 07
535.00
S
13'43 03
W
162.94
C4
159.13'
17°22'01
525.00
N
13'38'30'
E
158.52
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L4 �L671 UTILITY EASEMENT
PLAT 23A-349 — —
R/W -
R/W
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
4,260
0.10
PROPOSED UTILITY EASEMENT
2,485
0.06
PROPOSED TEMP. CONST. EASEMENT
3,550
0.08
BEARINGS - GRID
ARKANSAS NORTH ZONE
LEGEND
EXISTING PROPERTY LINE
EXISTING RIGHT OF WAY LINE
EXISTING EASEMENT LINE
— — — — PROPOSED TEMP. CONST. EASEMENT
PROPOSED EASEMENT LINE
PROPOSED RIGHT OF WAY
GRAPHIC SCALE
r
( IN FEET )
THIS EXH181T 1S A SKETCH DESCRIPTIVE ONLY OF THE SIZE, SHAPE 1 inch = 50 ft.
AND LOCATION OF THE PROPOSED EASEMENTS AND DOES NOT
CONSTITUTE A PLAT OR SURVEY OF THE GRANTOR'S PROPERTY.
2049 EAST JOYCEBOULVARo I CITY OF FAYETTEVILLE CITY OF JOB NO. DATE
SUITE 400 FAYETTEVILLE, ARKANSAS'E� '09047100 N 2016
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OFFICE of THE
Cn,y A-r,rORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
FROM: Blake Pennington, Assistant City Attorn
DATE: August 9, 2017
RE: Rupple Road Project - James and Judith Hazen Property
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Rhonda Lynch
Paralegal
In anticipation of the purchase or condemnation of a portion of the Hazens'
property for the Rupple Road project, the City hired Reed & Associates to
complete an appraisal to determine the just compensation due to the Hazens for
the property needed for construction. The property needed includes
approximately 3.21 acres for right of way and permanent grading and the
temporary use of 1.14 acres during the construction project. The City had already
acquired the northern right of way in 2010.
Shannon Mueller's original appraisal, dated May 31, 2017, considered the parcel
of land containing the house and opined that just compensation should be paid in
the amount of $196,600.00. This appraisal was given to the Hazens before the state
or our office had an opportunity to review or approve it.
After reviewing the appraisal, the Arkansas Highway and Transportation
Department contacted Reed & Associates and advised that the appraisal needed
to be re -done with the parcel containing the house removed from consideration. I
agree with the State's assessment of this because the project does not include a
taking of any portion of the parcel on which the Hazens' home is located. The
second appraisal, revised on July 18, 2017, determined that just compensation
should be paid in the amount of $173,200.00: This second appraisal was approved
by the State on July 19, 2017, and was the basis for the City's formal offer to the
Hazens.
I must also let you know that I think the appraiser likely made a mistake in the
appraisal by using an extraordinary assumption that the property should be
Page Two - Rupple Road Project/Hazen Condemnation Resolution
valued based on a portion being zoned Community Services rather than as it is
currently zoned, Residential Single Family -1 Unit Per Acre. As you may recall,
the City Council denied the Hazens' request to rezone their property to a
combination of Community Services and Residential -Agricultural less than a year
ago.
At that time, the Hazens requested that the property needed for this construction
project be rezoned to Residential -Agricultural. They had also requested that the
property closest to Mount Comfort Road be rezoned to Community Services. I
think it was an error to use CS zoning as a basis for this appraisal; however, the
State, which will pay approximately 87% of the cost of this project, has approved
the valuation. Therefore, I believe it is in the best interest of the City that we
proceed with negotiations or litigation based on the second appraisal.
2