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HomeMy WebLinkAboutOrdinance 1745 a F I�-yL E D t . ORDINANCE N0 . � F D R R E !✓ Q Rt_ 1 70 JUN, 29 PN 2 : 42 AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF CKt�MMM MRIVE �p FROM EAST RIDGEWAY TO WEST RIDGEWAY ; LEVYING ASSESS ^t1 + 41I NST THE PROPERTY BENEFITED THEREBY ; STATING THE MANNER T1GhWfP �tSwUL�H ASSESSMENTS ARE PAYABLE ; AND STATING THE TIME WITHIN WHI F AID ASSESSMENTS ARE PAYABLE . WHEREAS , a majority in value of the owner of real property benefited by the improvement of Crestwood Drive from East Ridgeway to West Ridgeway have petitioned the Board of Directors for the construction of said improvement and that a portion of the cost thereof be assessed upon the real property benefited , according to benefits received : NOW THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That all of the real property situated in the following territory located in the City of Fayetteville , Arkansas : Lots 1 and 11 - 21 inclusive in Block 2 and Lots 1- 19 inclusive in Block 1 of Broadview Subdivision as per. plat of said subdivision on file in the office of the Washington County Circuit Clerk and Ex - Officio Recorder be and the same is hereby formed into a local assessment district for the purpose of improving Crestwood Drive from East Ridgeway to West Ridgeway . Section 2 . That pursuant to the Report on the Improvement of Crestwood Drive from East Ridgeway to West Ridgeway the Street Department of the City of Fayetteville , Arkansas is hereby authorized and directed to accomplish the following : a ) Excavation of existing pavement ; b ) Construction of base to meet current City standards ; c ) Repaving with two ( 2 ) inches of hot mix asphaltic, materials , twenty - six ( 26 ) feet wide ; d ) Installation of concrete curb and gutter on the east side of said street ; e ) Installation of a four ( 4 ) foot concrete sidewalk on the westside of said street in lieu of curb and gutter . Section 3 . That the several lots , blocks , or other subdivisions of real property within said assessment district , be and they are , hereby assessed as follows : h1iC: .u, . JZ �gIB DEED 785 PAGE 87 RJkTE TRACT ASSESSMENT Lot 173 Block 25 Broadview Subdivision $ 440 Lot 11 , Block 13 Broadview Subdivision 440 Lot 12 , Block 13 Broadview Subdivision 440 Lot 163 Block 23 Broadview Subdivision 440 Lot 15 , Block 23 Broadview Subdivision 440 Lot 13 , Block 13 Broadview Subdivision 440 Lot 14 , Block 23 Broadview Subdivision 440 Lot 145 Block 11 Broadview Subdivision 440 Lot 133 Block 23 Broadview Subdivision 440 Lot 15 , Block 1 , Broadview Subdivision 440 Lot 16 , Block 13 Broadview Subdivision 440 Lot 123 Block 2 , Broadview Subdivision 572 Lot 17 , Block 1 , Broadview Subdivision 440 Lot 18 , Block 11 Broadview Subdivision 528 Lot 19 , Block 1 , Broadview Subdivision 660 Lot 11 , Block 2 , Broadview Subdivision 462 Lot 1 , Block 2 , Broadview Subdivision 2 , 079 Lot 13 Block 1 , Broadview Subdivision 440 Lot 23 Block 1 , Broadview Subdivision 440 Lot 3 , Block 13 Broadview Subdivision 440 Lot 43 Block 13 Broadview Subdivision 440 Lot 5 , Block 1 , Broadview Subdivision 440 Lot 6 , Block 13 Broadview Subdivision 440 Lot 213 Block 2 , Broadview Subdivision 440 Lot 7 , Block 1 , Broadview Subdivision 440 DEED 785 PAGE _ 88 TRACT ASSESSMENT Lot 20 , Block 2 , Broadview Subdivision $ 572 Lot 8 , Block 1 , Broadview Subdivision 440 Lot 9 , Block 1 , Broadview Subdivision 440 Lot 19 , Block 2 , Broadview Subdivision 440 Lot 18 , Block 2 , Broadview Subdivision 440 Lot 10 , Block 1 , Broadview Subdivision 440 which assessments bear interest at the rate of ten per cent ( 10 % ) per annum from October 1 , 1970 unless the property owner ( s ) choose ( s ) to pay in a lump sum as hereinafter provided . Section 4 . That ten percent ( 10 % ) of said assessment of the value of the benefits of each of said lots , blocks or sub - divisions of land shall be paid annually on or before the time provided by law for paying the final installment of general taxes on the property until the whole of said assessment shall have been paid , beginning October 1 , 1970 , Section 5 . That the property owner ( s ) may pay the assess - ments levied in a lump sum payable within thirty ( 30 ) days after the completion of the proposed improvements . Section 6 . That all Ordinances and all parts of Ordinances in conflict herewith are hereby repealed and this Ordinance shall be in full force and effect from and after its passage . Passed and approved this day of A V — Garland Melton , Jr . , Mayor J�••ATTEST %NJYi . s5 " - • ti#= ilyr� Moor City Clerk DEED 85 PAGE 0d I • i CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE ' I#, MARILYN MOORE, City Clerk within and for the City of Fayetteville, " Arkansas, do hereby certify that the annexed and foregoing is a true and rrect copy of the Fayetteville, Arkansas , therein set z ` forth, and the same is as it appears of Record in I Volume I at Page thereof . IN 1-UTNESS WHEREOF, I have hereunto '• set my hand and affixed my official w «-• seal this a � day of CIT I f 0 'j i i i t i i I I i DEED 785 PACE 90 { i . - i I i . •pr Ar . CERTIFICATE OF RECORD ' + State of Arkansas i SS City of Fayetteville I, Suzanne C. Kenne'w, City Clerk and d' Ex-Officio recorder for the C7v of io;a,e4.wi,j e, do hereby certify that the acne : e1 or fore- going is of recnrd in my of ;^n - . ` anti ap- pears in Or Liancw at p':ige�a viit:less my hand and seal t':: `s _--___day of Ci y C'crl. a2d i-s _ _ _ ,_­order' a D • CERTIFICATE OF RECORD STATE OF ARKANSAS ISS. Washington County I I, Alma L. Kollmeyer, Circuit perk and Ex-Officio Recorder for ftshington County, do hereby certify that the annexed or fore- going I . ment was filed for record in my o//o��fffico on ttw? day AMIcloclfM, and the same Is ecord at pageday of m" .V Al FYFR Circuit Clerk and : - 1x9ffkio Recd A � � VaSY atJs , STATE of ARKANSAS l f ss. County of Washington x • {fftJ{ �.__'._^"{4.W `5 hereby certify that I am t�e- ZQeneral Ma�fager) of THE NORTHWEST ARKANSAS TIMES, a da{ly newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of . business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty e percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an %y. average of more than forty percent news matter. + I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for—1—_._ insertionV as follows : The first insertion on the ___ f day of 1920 the second insertion on the —_.__._______ day o __ _ 19__ the third insertion on the --------------_----- day of __ 19 and the fourth insertion on the ----------.--------- day of __._____.__ 19—._ qw -Q--77- I Sworn to and subscribed before me on this _____v- —__ day of .-----------_. ----_..------------- f1/[''J,—"/�—„ ,--,�--� ------- 19 4157” -- _ __ ----- u4Ki Nota Public My Commission Expires : Fees for Printing __— $____ 1_44 QQ , Cost of Proof 4 Total Alip Z 1 Sfree -� I. AYETTEVILLERe1e�1G ° � f `� THE CITY OF FAYETTEVIEEE, ARKANSAS MICItOFILUEi D GYlS�rfiOo� �IVVG ore/. / 7 YS DEPARTMENTAL CORRESPONDENCE DATE: July 5, 1995 TO: Fred Hanna, Mayor THRU: Kevin Crosson, Public Works Director Ben Mayes, Administrative Director FROM: Ed Connell, City Land Agent 11 k RE: Crestwood Drive Street Improvement District Ordinance 1745, dated June 22, 1970 Assessment Release In 1970, a group of property owners along Crestwood Drive, from East Ridgeway to West Ridgeway, petitioned the City to improve that portion of the street in Broadview Subdivision. By Ordinance 1745, a copy of which is attached, the City agreed to make such improvements and the property owners were to pay a portion of the overall cost. Each property owner was assessed a portion as noted in the ordinance. Most of the assessments were paid at the proper time, the remainder were turned over to the County and liens placed against the properties. City records cannot be found that indicate payment and subsequent release of liens. Some of these properties have been sold numerous times over the past twenty-five years without clearance of such liens. A. D. McAllester and others have requested a release on all assessments (or liens) on this project so that clear title on properties can be obtained. This request came in the end of June while you were out of town. Since the City has never carried any of the assessments as accounts receivable from year to year, it is the opinion of the Finance Division and Ben Mayes that the City issue and file a release for all of the properties covered by Ordinance 1745. Please find attached a Release document for your signature. You can reach me at 415 if you have any questions. 3!7 0 TRELEAS EMAhILy�l 521 - (o6I ) ISK 875 GOULb PG- 47 ORDINANCE NO . 1745 AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF CRESTWOOD DRIVE FROM EAST RIDGEWAY TO WEST RIDGEWAY ; LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY ; STATING THE MANNER IN WHICH SUCH ASSESSMENTS ARE PAYABLE ; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE . WHEREAS , a majority in value of the owners of real property benefited by the improvement of Crestwood Drive from East Ridgeway` to West Ridgeway have pe - titioned the Board of Directors for the construction of said improvement and that a portion of the cost thereof be assessed upon the real property benefited , according to benefits received : NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That all of the real property situated in the following territory located in the City of Fayetteville , Arkansas : Lots 1 and I1- 21 inclusive in Block 2 and Lots 1-19 inclusive in Block 1 of Broadview Subdivision as per plat of said subdivision on file in the office of the Washington County Circuit Clerk and Ex-Officio Recorder be and the same is hereby formed into a local assessment district for the purpose of improving Crestwood Drive from East Ridgeway to West Ridgeway . Section 2 . That pursuant to the Report on the Improvement of Crestwood Drive from East Ridgeway to West Ridgeway the Street Department of the City of Fayetteville , Arkansas is hereby authorized and directed to accomplish the following : ( a ) Excavation of the existing pavement ; ( b ) Construction of base to meet current City standards ; ( c ) Repaving with two ( 2 ) inches of hot mix asphaltic materials , twenty-six E26 ) feet wide ; ( d ) Installation of concrete curb and gutter on the east side of said street ; ( e ) Installation of a four ( 4 ) foot concrete sidewalk on the west side of said street in lieu of curb and gutter . Section 3 . That the several lots , blocks , or other subdivisions of real property within said assessment district , be and they are hereby assessed as follows : TRACT ASSESSMENT Lot 17 , Block 2 , Broadview Subdivision $ 440 Lot 113 Block 2 , Broadview Subdivision 440 Lot 12 , Block 1 , Broadview Subdivision 440 Lot 16 , Block 2 , Broadview Subdivision 440 Lot 15 , Block 21 Broadview Subdivision 440 Lot 13 , Block 1 , Broadview Subdivision 440 Lot 14 , Block 2 , Broadview Subdivision 440 Lot 14 , Block 1 , Broadview Subdivision 440 Lot 135 Block 29 Broadview Subdivision 440 Lot 15 , Block 1 , Broadview Subdivision 440 Lot 16 , Block 1 , Broadview Subdivision 440 » o Lot 12 , Block 2 , Broadview Subdivision $ 572 Lot 17 , Block 1 , Broadview Subdivision 440 Lot 18 , Block 1 , Broadview Subdivision 528 Lot 19 , Block 1 , Broadview Subdivision 660 Lot 11 , Block 2 , Broadview Subdivision 462 Lot 1 , Block 2 , Broadview Subdivision 21079 Lot 11 Block 1 , Broadview Subdivision 440 Lot 2 , Block 1 , Broadview Subdivision 440 Lot 3 , Block 1 , Broadview Subdivision 440 Lot 4 , Block 1 , Broadview Subdivision 440 Lot 5 , Block 1 , Broadview Subdivision 440 Lot 6 , Block 1 , Broadview Subdivision 440 Lot 21 , Block 2 , Broadview Subdivision 440 Lot 7 , Block 1 , Broadview Subdivision 440 Lot 20 , Block 2 , Broadview Subdivision 572 Lot 8 , Block 1 , Broadview Subdivision 440 Lot 9 , Block 1 , Broadview Subdivision 440 Lot 19 , Block 2 , Broadview Subdivision 440 Lot 18 , Block 2 , Broadview Subdivision 440 Lot 10 , Block 1 , Broadview Subdivision 440 Which assessments bear interest at the rate of ten per cent ( 10% ) per annum from October 1 , 1970 unless the property owner ( s ) choose ( s ) to pay in a lump sum as hereinafter provided . Section 4 . That ten percent ( 10% ) of said assessment of the value of the benefits of each said lots , blocks or subdivisions of land shall be paid annually on or before the time provided by law for paying the final installment of general taxes on the property until the whole of said assessment shall have been paid , beginning October 1 , 1970 . Section 5 . That the property owner ( s ) may pay the assessments levied in a lump sum payable within thirty ( 30 ) days after the completion of the proposed improvements . Section 6 . That all Ordinances and all parts of Ordinances in conflict here - with are hereby repealed and this Ordinance shall be in full force and effect from and after its passage . PASSED AND APPROVED THIS 22nd day of June , 1970 . APPROVED : < j / / �%�G `%' ✓ C . G . MELTON , AR . , MAYOR ATTEST : AR YN M0 RE , CITY CLERK 123 R E L E A S E • KNOW ALL MEN BY THESE PRESENTS : That in consideration of substantial compliance with the conditions set forth in City of Fayetteville Ordinance No . 1745 , dated June 22 , 1970 , authorizing the improvement of Crestwood Drive from East Ridgeway to west Ridgeway ; levying asse�ments \against the property benefit thereby ; stating the manner/in which such assessments are payable ; and stating the time within which said assessments are payable , the following described4 operty is hereby released from said assessment this — day of June , 1995 : Lots 1 and 11 - 21 inclusive in Block 2 and Lots 1 - 19 , inclusive , in Block 1 of Broadview Subdivision'I as per plat of said ,subdivision on file in the office of the Washington County Circuit Clerk and Ex- Officio . - GIVEN UNDER MY HAND AND SEAL on the day and year above mentioned . CITY OF ;FAY TEVILLE , ARKANSAS BY : al &.0, Fr d Hanna , Mayor ATTEST : \\/ Traci Paul , City Clerk \ CKNOWLEDGMENT STATE OF ARKANSAS ) SS : COUNTY OF WASHINGTO ) BE IT REMEMBERED that on this day came before the undersigned , a - Notary Public within and for the County aforesaid , duly commissioned d acting , the City of Fayette ille , Arkansas , by Fred Hanna , yor , and Traci Paul , City Clerk , me well known to be the gran or ' n the foregoing Release Deed an stated that they had execu d the sa for the consideration and urposes therein mentione and set fort . WITNESS my hand and se 1-- as such Notary Public this day of November , 1994 . NOTARY PUBLIC My Commission Expires : FILED FOR RECORD ' 95 JUL 11 PM 3 27 RELEASE WASHINGTON CO AR KNOW ALL MEN BY THESE PRESENTS: K . HARNESS That in consideration of substantial compliance with the conditions set forth in City of Fayetteville Ordinance No. 1745, dated June 22, 1970, authorizing the improvement of Crestwood Drive from East Ridgeway to West Ridgeway; levying assessments against the property benefit thereby; stating the manner in which such assessments are payable; and stating the time within which said assessments are payable, the following described property is hereby released from said assessment this a kA day of July, 1995 : Lots 1 and 11 -21 inclusive in Block 2 and Lots 1 - 19, inclusive, in Block I of Broadview Subdivision as per plat of said subdivision on file in the office of the Washington county Circuit Clerk and Ex-Officio. GIVEN UNDER MY HAND AND SEAL on the day and year above mentioned. 4� r � ;' �� .• ' °�„'_ CITY OF FAYETTEVILLE, ARKANSAS rj =A = r r � •.• ,�.r : n, By: `:�' -' •. • , _ . _ . '1% Fr d Hanna, Mayor ATTES 1 : C Tr ci Paul, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS: COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, the City of Fayetteville, Arkansas, by Fred Hanna, Mayor, and Traci Paul, City Clerk, to me well known to be the grantors in the foregoing Release Deed and stated that they had executed the same for the consideration and purpose therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this //•t� day of July, 1995 . Notary blic My Commission Expires: 3 -- ) - AoosS Coo `OMM to' OTARAlb %0 060 80 hw' 8000044 V '1•°2 COUNtr , ''� 9503441 'n1nnm %611 � r / r em I, Kelhlearl nelh96a, f`1cuR C:13ik &HQ Ex-Offtclo Recorder for Wsehingtotl County, Arkeneas, do hereby cortlty thal lhla instrument was ftfsd for record In my Ofte at indlcated hereon and the same Va now duly recorded with Me acknow; ted "Ont and certfffoate thereon Irl IR60011 Book and Pago as fndtaated ZJwrwn. 'N WaNESS WHEREOF, I have here= itnto am my hand and afRxed the seal of \said Cour on the Cate kxJIOatad hereon 1Kathleen•I4amoa$ 'Circuit Clark and ':,f• r �J'•, -bftlCio Recorder • � AATON - - -- _ ' ? . . :.r/ •• ' AnOC 1t •• � hrrrrT 0 U 0 t,\\,