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HomeMy WebLinkAbout190-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 190-17 File Number: 2017-0469 JAMES L. AND JUDITH A. HAZEN SETTLEMENT AGREEMENT: A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH JAMES L. AND JUDITH A. HAZEN CONCERNING THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD 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 payment in the amount of $413,000.00 to James L. and Judith A. Hazen for the acquisition of right of way and easements necessary for the construction of North Rupple Road between West Starry Night View and West Mount Comfort Road. Section 2: That the City Council of the City of Fayetteville, Arkansas further approves the additional stipulations contained in the letters from City Engineer Chris Brown and staff engineer Paul Libertini, copies of which are attached to this Resolution and made a part hereof, which have been agreed to by James L. and Judith A. Hazen. PASSED and APPROVED on 9/5/2017 Page 1 Printed on 916117 Resolution: 190-17 Fle_Number* 2Q17-QA&9 Attest: Z a e zz. 0- &—, zu- L Sondra E. Smith, City Clerk Treasurer - ': FAYETCEVILLC Page 2 Printed on 916117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0469 Agenda Date: 9/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 15 JAMES L. AND JUDITH A. HAZEN SETTLEMENT AGREEMENT: A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH JAMES L. AND JUDITH A. HAZEN CONCERNING THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD 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 payment in the amount of $413,000.00 to James L. and Judith A. Hazen for the acquisition of right of way and easements necessary for the construction of North Rupple Road between West Starry Night View and West Mount Comfort Road. Section 2: That the City Council of the City of Fayetteville, Arkansas further approves the additional stipulations contained in the letters from City Engineer Chris Brown and staff engineer Paul Libertini, copies of which are attached to this Resolution and made a part hereof, which have been agreed to by James L. and Judith A. Hazen. City of Fayetteville, Arkansas Page 1 Printed on 91612017 Chris Brown Submitted By City of Fayetteville Staff Review Form 2017-0469 Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/23/2017 4 ENGINEERING (621) - Submitted Date Division / Department Action Recommendation: Approval of a Resolution authorizing a settlement in the amount of $413,000 for possession of certain lands owned by James L. & Judith A. Hazen necessary for the Rupple Road (Starry Night View to Mt. Comfort Rd.) Project. 4470.800.8835-5805.00 4520.800.9556.5805 - Account Number - 06035.3100 Project Number Budgeted Item? Yes Budget Impact: Sales Tax Capital Improvement Fund Rupple-Rd (BF Lane to Mt. Comfort) Current Budget Funds Obligated Current Balance Project Title $ 959,416.00 $ 476,008.00 48 x,408.00 Does item have a cost? No Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment Remaining Budget __11,83,40119,00 Previous Ordinance or Resolution # V20140710 Original Contract Number. Comments: Approval Date: CITY OF FAYETTEV I LLE �. 7111 1 ARKANSAS MEETING OF SEPTEMBER 5, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Paul Libertini, Staff Enginee Oe DATE: August 23, 2017 CITY COUNCIL MEMO SUBJECT: Approval of a Resolution authorizing a settlement in the amount of $413,000 for possession of certain lands owned by 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 a payment of $413,000 to settle with James L. and Judith A. Hazen 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: At the August 15th City Council meeting, the Council authorized acquisition of right of way by condemnation. Since that time, staff has continued to negotiate with the Hazens, and have arrived at a proposed settlement amount of $413,000 among other considerations, which has been accepted by the Hazens per the attached letter. The offer and acceptance letter includes several additional stipulations. These stipulations do not result in any costs to the City that are not otherwise a necessary part of the project. The $20,000 utility item (Item 1) was already planned and necessary for the overall project, not just for the benefit of the Hazens; the item was included in the offer letter to establish the maximum cost for this item. As noted at the August 15th meeting, this is a time sensitive item, as the City has requested that the federal aid construction funding for 2017 be obligated based on a September 15 acquisition deadline. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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. Attachments: Offer Letter and Attachments CITY OF FAYETTEVILLE ARKANSAS August 21, 2017 James L. and Judith A. Hazen 2160 N. Rupple Road Fayetteville, AR 72704 Dear Mr. and Mrs. Hazen. Once again, thank you for your patience and consideration throughout this very long process of development of the Rupple Road relocation across your property. After review of information you have provided, and consideration of concerns that you have expressed, the total offer of compensation has been revised to $413,000, subject to City Council approval. This offer - amount represents the value of the revised appraisal, plus compensation for relocating your cattle pens before and after construction, replacement of the existing stream crossing with new crossings outside the right of way, loss of landscaping around your existing entrance, loss of use of additional land during construction, and loss of trees in the project area. This amount represents the -complete compensation for all rights of way and easements to be acquired by the City, including 97,781 square feet of right of way, 41,823 SF of permanent grading easement, 1,380 SF of drainage easement, and 49,729 SF of temporary easement.. No further considerations will be made, and no previous offers are valid unless specifically stated in the following: 1. The sewer line and gas line along the existing alignment of Rupple Road will be left in place. The bridge, roadway, and concrete ditch paving south of the bridge will be removed and the area restored to vegetation. The power line and telecommunications line(s) will be relocated if feasible and the costs to the City are equal to or less than $20,000 total as has been proposed currently by the various utility companies. 2. We will provide an access under the bridge that will allow you to access the property west of the new roadway. The location of this access will be finalized in the field. The City's preferred location is on the south side of the bridge, but if a location acceptable to you cannot be found on the south side, the crossing will be installed on the north side. 3. The letter dated May 17 and signed by Paul Libertini is attached and made part of this offer. The following clarifications/updates to that letter are as follows: a. Fencing will be 12 % gauge wire with 4 point barbs. High tensile ("gaucho") wire will not be allowed. b. The driveway has been designed to be as close as possible to the roadway. If we can make minor adjustments in the field during construction to further reduce the footprint, we will work with you on those adjustments. As we discussed, we Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mr. and Mrs. Hazen August 21, 2017 Page 2 of 2 may need to adjust slopes to move the driveway closer to the road, which will impact your ability to maintain the slopes. c. The mailbox will be relocated to the east side of the roadway. d. The proposed walls will be textured and stained to simulate a native stone appearance. Samples of the wall color will be provided by the contractor for final approval by you and the City. e. Temporary fencing will be installed along the temporary easement as necessary and as directed by you to secure the construction zone and protect your livestock. f. Trees outside of the right of way and easement areas will be protected from the construction project. Any trees near the construction limits that die or appear to be dying within 3 years of completion of construction will be compensated for at the rate of $1,000 for each tree. If you agree to the stipulations noted above, please indicate your agreement by signing below, and I will present this to the City Council for approval. I look forward to your response, and am available to meet with you to discuss further at your convenience. Sincerely, C4 /6, -- Chris Brown, P.E. City Engineer Engineering Division Enclosures: Letter from Paul Libertini Agreed: G �� :� 'i -e� AC ~� r aures L. and JudithIA. Faxen ►i CITY OF FAYETTEVILLE ARKANSAS May 17, 2017 Mr. James Hazen 2160 Rupple Road Fayetteville, AR 72704 Dear Mr. Hazen, Thank you for meeting with us in your home. We have responded to each one or your concerns voiced in your March 2016 letter (13 items) as well as the additional items stated during our meeting on Wednesday, May 10th. We have broken down the -responses into 3 areas shown below: Addressed On The Construction Plans, Agreed To In This Letter, and Pending Further Discussions. ADDRESSED ON THE CONSTRUCTION PLANS 1. Eliminate the drainage easement on the north side of the creek from Mt. Comfort intersection to the creek. Bring the drainage along the roadway. Response: Agreed, the referenced existing roadway drainage along Mt. Comfort Road has been redirected to connect to the proposed stormwater system on this project, see Plan & Profile Sheet C-507. 2. Water from the south should be directed along the roadway and the rock -filled ditch and old roadbed removed. Response: Agreed, see Demolition Plan Sheet C-550. 3. Water on the east side requires a whistle under my driveway. Response: Agreed, your driveway is shown to be relocated with an 18" culvert installed under the driveway, see Plan & Profile Sheet C-503. 5. An extra wide opening or shorten median strip is needed to move large trailers in and out of the driveway. Response: Agreed, a median opening shall be provided as shown on Plan & Profile Sheet C-503. Mailing Address; 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 11. 1 would like to see the old bridge remain as another private means to cross the creek. It would require a gate and the vegetation removal to maximize water flow. Response: The existing bridge is shown to be removed on Demolition Plan Sheet C-550. This is necessary to maintain the 100 year flood elevation. With the new roadway and bridge construction in the flood plain, if the existing bridge was left in-place, this would cause an unacceptable rise in elevation of the 100 year storm event. AGREED TO IN THIS LETTER 4. The stone entry and cattle guard will need to be moved Response: Agreed, the entrance amenities need to be relocated. The City is in receipt of an estimate from Caldwell Stone, Inc. for the stonework. This will be settled as part of the land acquisition negotiations. 7. The cattle working equipment may need to be moved due to the vicinity of roadway. Response: Agreed, we will have the proposed improvements staked in the field so we can better visualize the impacts to the property, the final logistics will be resolved as part of the land acquisition negotiations. 12. My new barb wire fence will be on the property line. The city will need to procure a setback to meet their needs. Response: Agreed, the proposed property line is 2' behind the back of sidewalk. This is shown on the plans in the Roadway Typical Sections and also on the plan sheets. 13. Drainage should be planned to minimize the watershed effect of nearby subdivisions and roadbed obstructions to water flow. Response: Yes, this project will properly convey the stormwater runoff caused by the proposed road & bridge construction as well as off-site stormwater coming directly to the proposed roadway. However, this project will not improve the stormwater runoff onto the Hazen property from the Links subdivision which goes into the Hamestring Creek and not to the proposed roadway. PENDING FURTHER DISCUSSION 1. Eliminate the drainage easement on the north side of the creek from Mt. Comfort intersection to the creek. Bring the drainage along the roadway. Response: Agreed, but the City will have to go through the process of vacating the existing drainage easement. 6. The area between the spring and the creek is impassable under the proposed bridge due to terrain. Possible solution would be a whistle to permit flow of water and safe passage for cattle and vehicles. Response: The City understands this issue and will be following up by having the proposed improvements in this area staked in the field so we can better visualize the available access after construction of the bridge. 8. 1 would like to seethe utilities moved to along the roadway instead of down the middle of the property of the old roadbed. Response: The City is open to this option, but there is a cost. The results of the appraisal report will help determine how best to solve this request. 9. Access is required for each piece of land created by the project as well as access between pieces. This will include the ability to cross the creek if the current low water crossing is unusable. Response: We have discussed several different options including a trail bridge. This item requires follow-up and the results of the appraisal report. 10. The mail box will need to be relocated to the east side of the roadway and postal mail delivery approved. Response: Agreed, City staff has attempted to contact the Postmaster and will continue to do so until receiving a response. 14. Mr. Hazen is concerned about the shade loss for the cattle. Response: This will be addressed with the results of the appraisal report. 15. Mr. Hazen asked if trees were being planted behind the sidewalk for noise abatement Response: This is not part of the current project, but is a possibility. Sincerely, Paul Libertini, P.E. Staff Engineer Engineering Division