HomeMy WebLinkAbout330-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 330-22
File Number: 2022-222
CONDEMNATION AND POSSESSION - CHARLES N. MAYES:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION
OF CERTAIN LANDS OWNED BY CHARLES N. MAYES NEEDED FOR THE MIDTOWN CORRIDOR
PROJECT
WHEREAS, the City of Fayetteville and Charles N. Mayes have been unable to agree upon a fair price for
approximately 2,227 square feet of drainage easements and temporary construction easements needed to complete the
Midtown Corridor 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 on or near the Midtown Corridor Project and owned by Charles N.
Mayes, 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 $4,340.00.
PASSED and APPROVED on December 20, 2022
Approved:
Attest:
.�' L GLErR
Kara Paxton, City erk Treasurer
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Page 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p (479)575-8323
Text File
File Number: 2022-1128
Agenda Date: 12/20/2022 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C.6
CONDEMNATION AND POSSESSION - CHARLES N. MAYES:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY CHARLES N. MAYES NEEDED FOR THE
MIDTOWN CORRIDOR PROJECT
WHEREAS, the City of Fayetteville and Charles N. Mayes have been unable to agree upon a fair price
for approximately 2,227 square feet of drainage easements and temporary construction easements
needed to complete the Midtown Corridor 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 on or near the Midtown
Corridor Project and owned by Charles N. Mayes, 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
$4,340.00.
City of Fayetteville, Arkansas Page 1 Printed on 1212112022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-1128
Legistar File ID
12/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/30/2022 ENGINEERING (621)
Submitted Date Division / Department
Action 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 Charles N. Mayes for the Midtown Corridor Project.
4602.860.7218-5805.00
Account Number
46020.7218.1020
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Street Project 2019 Bonds Fund
Fund
Midtown Corridor
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$
136,270.00
$
3,500.00
132,770.00
$
4,340.00
128,430.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 20, 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 29, 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
Charles N. Mayes necessary for the Midtown Corridor 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 Charles N. Mayes for the
Midtown Corridor Project.
BACKGROUND:
The Midtown Corridor is a project in the 2019 Transportation Bond Program and includes
several different components. The corridor is 2.3 miles in length and runs in an east -west
direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at
Poplar Street. The project includes vehicular improvements to the intersection of Porter Road
and 1-49 with a roundabout to improve the traffic flow for the large volume of traffic from the west
of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the
interstate to Garland Avenue the project includes street improvements with new turn lanes and
drainage as well as separated pedestrian and bicycle facilities. The street, drainage pedestrian,
and bicycle improvements will continue along Sycamore Street from Garland Avenue to the
Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use
trail construction along the Poplar Street alignment. Finally, a connection to the south from
Poplar Street to Gregory Park was included in the design.
The first phase of this corridor included the improvements to Porter Road and Deane Street
from 1-49 to the east side of the new fire station. The design for this phase was completed in
January of 2022. In February of 2022, the City Council approved a change order with Flintco to
include this phase in the Police Headquarters Project. Construction is currently underway and
is expected to be complete in early 2023.
The design for the remainder of this corridor is complete and a Construction Manager at Risk
contract with Crossland Heavy Contractors was approved by the City Council at the August 16tn
city council meeting. Crossland Heavy is currently working on the bidding of the project and is
expected to have a guaranteed maximum price for consideration by the City Council in early
2023. Construction is expected to begin in March of 2023.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Right of way and easement acquisition began for this project in January of 2022. Staff has been
successful in acquiring all but a few of the properties for this project. The owner of this property
at 1641 N. Leverett Avenue has refused to sign easement documents. This is one of the last of
the 73 properties to be acquired for this portion of the 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. The City is
acquiring 1,946 square feet (.045 acres) of temporary construction easement and 281 square
feet (.006 acres) of drainage easement from this property.
BUDGET/STAFF IMPACT:
The corridor improvements are funded by the 2019 Transportation Bond Program. The agenda
item staff review form indicates $4,340.00 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
MIDTOWN CORRIDOR
1641 N. LEVERETT AVE
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This sketch is not a boundary survey. It is intended to show the configuration of a proposed permanent
drainage easement and a proposed temporary construction easement. It should not be used
to locate
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property lines and does not meet the Standards for Property Boundary Surveys.
PROJECT NO: 019-3988
EASEMENT DRAWING - STREET
IMPROVEMENT - SYCAMORE STREET
East p Road
EXHIBIT
DRAWN BY: DRC
PARCEL NO. 765-13943-000
CHARLES N. MAYES
O�CC^
le, A
Fayetteville, AR 72703
Fay
TEL 479.443.3404
DATE: 11.16.21
Project: W Sycamore Street Improvements
Parcel No. 765-13943-000
Tract No. 7S
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Charles N. Mayes, a married person, hereinafter called GRANTOR,
for and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, do hereby
GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a temporary construction and grading easement on, over, and through the
following described land situated in the County of Washington, State of Arkansas,
for the sole purposes necessary for construction of a trail, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2011-25339)
Part of the Northwest Quarter of the Northwest Quarter of Section 9, Township 16 North, Range 30 West of the 5th
Principal Meridian, more particularly described as follows: Beginning at the Northeast corner of the said 40 acre tract
and running thence South 87 feet; thence West 180 feet; thence North 87 feet; thence East 180 feet to the place of
beginning. LESS AND EXCEPT: A part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of
Section 9 in Township 16 North, Range 30 West of the 5t" Principal Meridian, more particularly described as follows:
Beginning at the Northeast corner of said 40 acre tract and running South 87 feet; thence West 30 feet; thence North
47 feet; thence West 150 feet; thence North 40 feet; thence East 180 feet to the Point of Beginning, containing 0.20
acre (8610 square feet) more or less. ALSO, LESS AND EXCEPT: Part of the NW of the NW of 9-16-30 Beginning
at a point which is South 87 feet from the NE corner of said 40 acre tract; thence West 30 feet; thence South 63 feet;
thence East 30 feet; thence North 63 feet to the point of beginning, containing 1890 sf.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A temporary construction easement across the North portion of Grantor's above described property, being more
particularly described as follows: COMMENCING at the point of intersection of the South Right -of -Way line of W.
Sycamore Street, as now established, and the West Right -of -Way line of N. Leverett Avenue, as now established,
said point being the Northeast corner of Grantor's above described property; thence N87°04'40"W along said South
Right -of -Way line, a distance of 18.79 feet for a TRUE POINT OF BEGINNING; thence departing said South Right -
of -Way line S02°53'48"W, a distance of 14.94 feet; thence N87°06'12"W, a distance of 130.00 feet to a point in the
West line of said Grantor's property; thence NO2°53'48"E along said West line, a distance of 15.00 feet to a point in
the said South Right -of -Way line; thence S87°04'40"E along said South Right -of -Way line, a distance of 130.00 feet
to the POINT OF BEGINNING, containing 1,946 square feet or 0.045 acres, more or less.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 12022.
Charles N. Mayes
Tracie S. Mayes
TCE
Page 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared Charles N. Mayes and Tracie S. Mayes, his spouse, to me well known
as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed
and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
Project: W Sycamore Street Improvements
Parcel No. 765-13943-000
Tract No. 7S
DRAINAGE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Charles N. Mayes, a married person, hereinafter called
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged,
do hereby GRANT, SELL and CONVEY unto the City of Fayetteville,
Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, a permanent easement and a temporary
construction and grading easement to excavate, construct, maintain, repair
and/or replace an earthen retaining levee, drainage tile area, open ditch,
concrete channel and/or concrete inlet box on, over, and through the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2011-25339)
Part of the Northwest Quarter of the Northwest Quarter of Section 9, Township 16 North, Range 30 West of the
5th Principal Meridian, more particularly described as follows: Beginning at the Northeast corner of the said 40
acre tract and running thence South 87 feet; thence West 180 feet; thence North 87 feet; thence East 180 feet to
the place of beginning. LESS AND EXCEPT: A part of the Northwest Quarter (NW1/4) of the Northwest Quarter
(NW1/4) of Section 9 in Township 16 North, Range 30 West of the 5th Principal Meridian, more particularly
described as follows: Beginning at the Northeast corner of said 40 acre tract and running South 87 feet; thence
West 30 feet; thence North 47 feet; thence West 150 feet; thence North 40 feet; thence East 180 feet to the Point
of Beginning, containing 0.20 acre (8610 square feet) more or less. ALSO, LESS AND EXCEPT: Part of the NW
of the NW of 9-16-30 Beginning at a point which is South 87 feet from the NE corner of said 40 acre tract; thence
West 30 feet; thence South 63 feet; thence East 30 feet; thence North 63 feet to the point of beginning,
containing 1890 sf.
PERMANENT EASEMENT DESCRIPTION:
A permanent drainage easement across the North portion of Grantor's above described property, being more
particularly described as follows: BEGINNING at the point of intersection of the South Right -of -Way line of W.
Sycamore Street, as now established, and the West Right -of -Way line of N. Leverett Avenue, as now
established, said point being the Northeast corner of Grantor's above described property; thence S02°53'57"W
along said West Right -of -Way line, a distance of 14.93 feet; thence departing said West Right -of -Way line
N87°06'12"W, a distance of 18.79 feet; thence NO2°53'48"E, a distance of 14.94 feet to a point in the said South
Right -of -Way line; thence S87°04'40"E along said South Right -of -Way line, a distance of 18.79 feet to the POINT
OF BEGINNING, containing 281 square feet or 0.006 acres, more or less.
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with free ingress to and egress
from the real estate first herein above described for the uses and purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee, which hereby agrees to pay any damages which may arise to existing fences, holding Grantor harmless if
damage occurs during construction or maintenance of the above described drainage structure.
The Grantor agrees not to erect any buildings or permanent structures in said permanent easement.
The Grantee shall have the right to construct additional drainage structures within the above described permanent
easement at any time in the future and agrees to pay any damages because of such future construction as set out in this
easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
DRAINAGE EASEMENT
Page 2 of 2
WITNESS the execution hereof on this day of 12022.
Charles N. Mayes
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
Tracie S. Mayes
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Charles N. Mayes and Tracie S. Mayes, his spouse, to me
well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so
signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2022.
MY COMMISSION EXPIRES:
Notary Public
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OWNER: MAYES, CHARLES N
1633 E ZION RD
FAYETTEVILLE, AR 72703
765-13943-000
Case History
Charles N. Mayes
RE: 1641 N Leverett Avenue (Mayes Auto)
1/12/2022 Offer Letter mailed to Mr. Mayes at 1633 E Zion Road, Fayetteville. We asked for 281 square feet of
drainage easement ($380) and 1946 square feet of temporary construction easement ($1060) and
based the offer on the price per square foot of the property he owned as valued by the Washington
County Assessor for the 2022 Valuation-$5.44/sf fee times 25% for the drainage easement and 10% for
TCE.
1/24/2022 Mr. Mayes called and first had some complaints about Zion Road construction, then asked that the
easements be staked on this tract so that he could see what we were requesting. HJ emailed Olsson
and requested their survey team tackle that request.
1/25/2022 HJ called Mr. Mayes and left a message on his cell phone that the staking/painting had been done so
he could now see where the easements were and reminded him that the TCE was only temporary. He
was also told to call after seeing the staking so that the easements could be discussed. He did not return
the call.
3/30/2022 A reminder letter, signed by HJ, was mailed to Mr. Mayes.
7/7/2022 A text was sent to Mr. Mayes by HJ from her personal cell phone to the number he called from in
January, requesting a call to discuss the project. He did not.
7/20/2022 An email address was found on BeenVerified for Mr. Mayes and the entire packet of documents was
emailed to Mr. Mayes. Again, HJ requested a call back or some form of response. None was received.
10/25/2022 We received an appraisal from Holland Commercial Appraisal and Valuation Services for Mr. Mayes
property.
10/27/2022 A Final Offer based on the appraisal was mailed to Mr. Mayes requesting 281 square feet of drainage
easement ($2000) and 1946 square feet of temporary easement ($2340) for a total of $4340. The offer
requested he contact us by 11-8-2022.
11/14/2022 Notification letter mailed by HJ to Mr. Mayes informing him that this tract was being sent to Council on
December 201h for resolution for condemnation.