HomeMy WebLinkAbout295-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 295-22
File Number: 2022-1060
WHITE ROCK INVESTMENTS, LLC CONDEMNATION:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION
AND POSSESSION OF CERTAIN LANDS OWNED BY WHITE ROCK INVESTMENTS,
LLC NEEDED FOR THE LEVERETT AVENUE SIDEWALK PROJECT
WHEREAS, the City of Fayetteville and White Rock Investments, LLC have been unable to agree
upon a fair price for 830 square feet of right of way and 6,711 square feet of temporary construction
easement needed to complete the Leverett Avenue Sidewalk Project; and
WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to
begin work on this public improvement and to not delay construction of the project.
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 at 1211 and 1251 North
Leverett Avenue, on or near the Leverett Avenue Sidewalk Project and owned by White Rock
Investments, 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 in the amount of $11,640.00.
PASSED and APPROVED on 12/6/2022
Page 1 Printed on 1217122
Resolution: 295-22
File Number: 2022-1060
Attest:
`����G• CITY •;QF9i�i
Kara Paxton, City Clerk Treasurer � �V!tI ;
Page 2 Printed on 1217122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-1060
Agenda Date: 12/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: D.11
WHITE ROCK INVESTMENTS, LLC CONDEMNATION:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY WHITE ROCK INVESTMENTS, LLC NEEDED
FOR THE LEVERETT AVENUE SIDEWALK PROJECT
WHEREAS, the City of Fayetteville and White Rock Investments, LLC have been unable to agree upon a fair
price for 830 square feet of right of way and 6,711 square feet of temporary construction easement needed to
complete the Leverett Avenue Sidewalk Project; and
WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to begin work
on this public improvement and to not delay construction of the project.
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 at 1211 and 1251 North Leverett Avenue, on or
near the Leverett Avenue Sidewalk Project and owned by White Rock Investments, 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 in the amount of $11,640.00.
City of Fayetteville, Arkansas Page 1 Printed on 121712022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-1060
Legistar File ID
12/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/15/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain
land owned by White Rock Investments, LLC necessary for the Leverett Avenue sidewalk project.
Budget Impact:
4470.410.8410-5805.00
Account Number
02053.1
Sales Tax Capital Improvement
Fund
Sidewalk Improvements
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$ 2,220,757.00
$ 477,089.00
$ 1,743,668.00
$ 11, 640.00
$ 1,732,028.00
V20210527
Previous Ordinance or Resolution #
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 6, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: November 15, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a Resolution authorizing the City Attorney to seek
condemnation and an order of possession of certain land owned by White
Rock Investments, LLC necessary for the Leverett Ave. Sidewalk Project.
RECOMMENDATION:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek
condemnation and an order of possession of certain land owned by White Rock Investments,
LLC necessary for the Leverett Ave. Sidewalk Project.
BACKGROUND:
Leverett Ave. from North St. to Sycamore St. is a sidewalk project included in the 2022 Sidewalk
Program. The City of Fayetteville Engineering Division has provided the survey and the design
for this project.
DISCUSSION:
Right of way and easement acquisition began for this project in January of 2022. Staff has been
successful in acquiring all but one of the properties for this project. The owner of this property
at 1211 &1251 N. Leverett Ave. has refused to sign right-of-way and easement documents. This
is the last of the eight properties to be acquired for this project. Staff will continue to negotiate
with this property owner to avoid condemnation if possible. However, it is imperative that the
right of way be acquired in a timely manner so as not to delay the construction.
BUDGET/STAFF IMPACT:
The payment for land acquisition will be made from the project budget allocated for the Sidewalk
Improvements, which is funded by the Sales Tax Capital Improvements Fund. The agenda item
staff review form indicates $11,640.00 as the cost of this request. 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:
Correspondence History
ROW and Easement Exhibits
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Case History
White Rock Investments, LLC
RE: 1211 & 1251 N Leverett Avenue
1/11/2022 HJ Offer sent to White Rock Investments for a project to improve mobility in Fayetteville with the construction of
sidewalks and storm sewer improvements where necessary. This would require the acquisition of some right of way and temporary
construction and grading easement for additional working room. We did not have the property appraised but based the offers on the
highest Washington County Assessed Value for that project at $4.35/square foot or $189,486/acre.
His offer is: $3,610.00 for 830 square feet of additional right of way of Leverett Street necessary for these sidewalk improvements and
$2,920.00 for the rental of 6,711 square feet of temporary construction easement and a total offer of $6,530.00.
2/13/2022 HJ CB received an email from Mr. Brisiel stating that he had received the offer and was excited about the project
and looking forward to construction starting. Asked for a copy of the construction plans. HJ forwarded this email to MB, who then sent
him the plan set.
3/31/2022 HJ mailed a reminder letter to White Rock Investments to nudge him along.
6/22/2022 HJ emailed Mr. Brisiel along with all of the documents to again, give him a little push.
7/13/2022 Mr. Brisiel responded to HJs email copying MB, MC, BS stating that there is a piece of property that he would like to
trade this acquisition for. MC responded that if he would like to purchase a particular property, he'd need to speak to the City
Attorney's office about the next step, but since this project was nearing construction, it couldn't be combined since they're two
separate issues.
8/5/2022 MC sent Mr. Brisiel a letter stating that since we hadn't gotten any response from our offers and reminders, that we
would be appraising this property to send to the City Attorney for resolution.
8/10/2022 Mr. Brisiel emailed MC and copied HJ, MB, BS and requested once again to talk about trading properties in lieu of
acquisition. Stated that he didn't want to go as far as condemnation, etc. MC Forwarded that response to BP and it was determined
that it was still a separate issue.
8/11/2022 He responded that he would reach out to the City Attorney's office as well.
9/27/2022 The appraisal was received from Holland Commercial Appraisals and Valuation Services.
10/3/2022 HJ mailed a FINAL offer to White Rock Investments based on the appraisal: The City of Fayetteville hereby offers
$6,000.00 for 830 square feet of additional right of way of Leverett Street necessary for these sidewalk improvements and $5,640.00
for the rental of 6,711 square feet of temporary construction easement and a total offer of $11,640.00. HJ also requested a call back
or signed documents returned by 10/14/2022.
10/25/2022 HJ mailed a letter to Mr. Brisiel and informed him that she was sending this packet to the City Attorney's office to
request a Resolution for condemnation at the December 6`" 2022 Council meeting.
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