HomeMy WebLinkAboutOrdinance 2057 '74 OCT 31 RTI 10 : 25
,lASHIN" t ON COUNTY
ORDINANCE NO . ' OZOST Al? X ANSA3
ALf4A KOLLi` EYER
CIRCUIT CLERK
AN ORDINANCE TO ACCEPT AND CONFIRM THE LARGE - SCALE DEVELOPMENT
PLAN OF WAL^MART PROPERTIES , INC . , FOR PROPERTY LOCATED NORTH OF
HIGHWAY 62 WEST , SOUTH OF OLD FARMINGTON ROAD AND EAST OF THE HIGHWAY
71 BYPASS ; AND TO ACCEPT AND CONFIRM THE DEDICATION OF STREET AND
UTILITY EASEMENTS THEREIN ,
WHEREAS , there has been presented to the Board of Directors
of the City of Fayetteville , Arkansas , a plat known as the large -
scale development plan of Wal- Mart Properties , Inc , , for property
located north of Highway 62 west , south of Old Farmington Road ,
and east of the Highway 71 bypass in which the owner has dedicated
for the public use , street and utility easements shown upon said
plat ; and
WHEREAS , ' the Planning Commission of the City of Fayetteville ,
Arkansas , has recommended acceptance of said plan .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY. OF FAYETTEVILLEf ARKANSAS :
Section 1 . That the City of Fayetteville , Arkansas , hereby
accepts and confirms the large -scale development plan of Wal -Mart
Properties , Inc . , for property located north of Highway 62 west ,
south of Old Farmington Road , and east of the Highway 71 bypass ,
hereby accepts and confirms the dedication of street and utility
easements shown there , and hereby declares said easements to be
public easements and the Board of Directors hereby assumes the
care , control , and jurisdiction of same .
Section 2 . That this ordinance shall be in full force and
effect from and after the time provided by law , /) )
PASSED AND APPROVED THIS -: /Sf�j DAY OF, (fc
1974 .
APPROVED :
Mfr r. MAYOR
ATTES.. ;a
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0 . IT�: �c .
v,uta" '
€OL 875 7� 1
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I . DARLENE WESTBROOK , City Clerk within and for the City of
I
Fayetteville , Arkansas , do hereby certify that the annexed and foregoing
is a true and correct copy of the Fayetteville , Arkansas , " met0�,
therein set forth , and thesameis as it appears of Record in
�dtoao QaMdj/JP.2h/tlex. 4/T , Volume (/ at Page o?0ael
thereof .
IN WITNESS WHEREOF , I have here -
unto set my hand and affixed my
official seal this X�
f a - '• � ', ., day of 19�:
City Clerk f
L 875 758
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville 1
I, Suzanne C. Kennedy, City Clerk , and
Ex-Officio recorder the City of Fayett wtil_,,y, ,)�', „ � , ,'I.. A % •� 4
do hereby certify that the annexed or fore-
going is of record in my office and the same ap-
pears in Ordinance & Resolution book
_—tl —t at pafi �
e—� [) " witness my
nd lay of
hand a �tiff 19
City Gterk and Es-Officio Recorder.
O
CERTIFICATE OF RECORD
` .;TATE ,OF ARKANSAS I SS.
o ,
Washington County J
1, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed er lore-
goinginstru nt was filed for record in my office nd the he 3 nea5
19 7t�' - cc WJ_h�jt.�a�
of ._ _record_ Z at Rage-'
du;y recorded in
witness my hand and seal this 4A o
ALMA_NOLLMEYE_R —
Circuit Clerk and
Ex-Otucio Itxcaded
BY
OeDuty Clerk _ -^
,�y L.• . � �. aos7
FGi .
'75 OEC -9 Pit 2'. 11
WASHIRCTOt! ::C071TY
ALMA KOLLMEYER
` . CIRC IT CLEF.!<
EASEMENT
KNOW ALL MEN BY THESE PRESENTS :
That Wal-Mart Properties , Inc . , in consideration of the .
sum of One Dollar and other good and valuable consideration
- i
to it paid by the City of Fayetteville ? Arkansas , the grantee
herein , receipt of which is hereby acknowledged , does grant ,
sell , and convey to the City of Fayetteville , Arkansas , a
I
municipal corporation , its successors and assigns forever ,
an easement on , over , across and under the following described
real estate to construct , lay , remove , relay , and maintain
public utility lines , a public drainage system , and a public
i
roadway , to-wit :
I �
Fifty feet of equal and unform width along the
East side of the following described property :
A part of the NW 1/4 of the NW 1/4 of Section
20 ; T16N , R30W of the 5th p .m . , Fayetteville ,
Arkansas , more particularly described as follows :
Beginning at the NW corner of said 40 acre tract
, i thence N 89 " 49 ' 50 " E , 1317 . 47 feet ; thence
S 0" 43 ' 55 " E , 143 . 37 feet , thence S 56 " 42 '
48" W, 603 . 92 feet ; thence S 62 " 54 ' 53" W ,
145 . 07 feet , thence S 68 " 13 ' 47" W , 140 . 72
feet ; thence S 710 02 ' 59 " W, 100 . 88 feet ; thence
S 81" 52 ' 00 " W , 53 . 6 feet ; thence N 0 " 51 ' 00"
• W, 178 . 57 feet ; thence S 89 " 49 ' 50 " W , 225 . 0
feet ; thence S 00 51 ' 00 " E , 210 . 0 feet ; thence
S 81" 52 ' 00" W , 75 . 0 feet ; thence N 27" 10 '
00" W , 220 . 10 feet ; thence N 0" 51 ' 00 " W,
. i 476 . 50 feet ; to the point of beginning , and
containing 13 . 69 acres , more or less .
TO HAVE AND TO HOLD said premises to said grantee , '
the City of Fayetteville , Arkansas , its successors and
assigns forever , for the uses and purposes hereinbefore
described .
WITNESS our hands and seals on this r4dayof ,
1974 .
WAL-MART;V9PE TI S, INC
BY
hUCROFILM&D T
DATE Ocr
TITSy'E2�:v
REF
�`�- r�- 898 185
ACKNOWLEDGEMENT
STATE OF ARKANSAS ) .
.60,,.Tewl ) ss
COUNTY OF M )
on this the 9 day of _
1974 , before me , Jim r. Walt..Waltnn the under-
signed officer , personally appeared Tim r wal *nn�r
who acknowledged himself to be the
of w i-rn c py r ' Inc r a corporation , and
that he , as such PvPRia � , being authorized
so to do , executed the foregoing instrument for the purposes
- therein contained , by signing the name of the corporation
by himself as w i n., . aro=tennt
In witness whereof I hereunto set my hand and official seal . f
I � 1 � i ,f, �k4 •_-'� Notary Pu6I'ic �
My tonmission Expires : ,
'March 16 1978 . . .
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186
42057
FILED
j FOR RECORD
'75 DEC -9 PH 2: 1 I
STREET DEED VYASHINGTOH CCUl1TY
ALMAHXCLLME YEn
CIRCUIT f.LERI;
KNOW ALL NEN BY THESE PRESENTS :
That the undersigned grantorsfor the consideration of
One Dollar ( $100 ) and other good and valuable consideration to
them paid by the City of Fayetteville , Arkansas , a municipal
corporation , the grantee , the receipt of which is hereby
acknowledged , does hereby grant , bargain , sell and convey
to said grantee , for the purposes hereinafter set forth
the following described premises , to-wit :
Five feet of equal and uniform width along the
North side of the following described property :
A part of the NW 1/4 of the NW 1/4 of Section
20 ; TL6N , R30W of the 5th p .m . , Fayetteville ,
Arkansas , more particularly described as follows :
Beginning at the NW corner of said 40 acre tract ,
thence N 890 49 ' 50" E , 1317 . 47 feet ; thence S t
i 00 43 ' 55 " E , 143 . 37 feet , thence S 560 42 ' 48 "
W , 603 . 92 feet ; thence S 620 54 ' 53 " W , 145 . 07 feet ;
thence S 680 13 ' 47 " W , 140 . 72 feet ; thence S .
I 710 02 ' 59 " we 100 . 88 feet ; thence S 810 52 ' 00 "
W, 53 . 6 feet ; thence N 00 51 ' 00 " W , 178 . 57 feet ;
thence S 89° 49 ' 50 " W , 225 feet ; thence S 0°
51 ' 00" E , 210 . 0 feet ; thence S 81° 52 ' 00 " W,
75 . 0 feet ; thence N 270 10 ' 00 " W , 220 . 10 feet ;
. . I thence N 00 51 ' 00" W , 476 . 50 feet ; to the
point of beginning and containing 13 . 69 acres ,
' more or less .
TO HAVE AND TO HOLD said premises with all ;the rights ,
easements , and appurtenances thereto belonging , and all
the rents , issues , and profits therefrom , to the grantee .
That the above describedland is granted for public use
for laying down , widening , constructing and maintaining a
public street .
TO HAVE AND TO HOLD unto the City of Fayetteville ,
Arkansas , a municipal corporation , and unto its successors
{ and assigns forever with all the appurtenances thereto belonging .
Witness my hand and seal on this � day of f
• � `WPL- T; PROPERTI S , I13C . ! �
rvernaZ` atson T �, 1
. : . ..
ITIRLE
187
• 1
• � i
i
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
1 'esNro Al ) as
COUNTY OF )
On this the 9 day of nfftobpr —, 1974 '
before me , Jim C. Walton , the undersigned
officer , personally appeared Jim c w It o — who
acknowledged hinself to be the gsside t of
Wal-Mart Properties . Inc . , a corporation , and that he ,
as such President , . being authorized so
to do, executed the foregoing instrument for the purposes
herein contained , by signing the name of the corporation
by himself as Jim C Walton President
�~ t •• , n*`wLtness whereof I hereunto set my hand and official seal .
'• . 7
—Oe Notary PUID.Lic
*
i
r�'•. .': ..N
My Eommission Expires : March 16, 1978
I
{
ACKNOWLEDGEMENT
STATE OF KANSAS )
ss
COUNTY OF J•cw�` )
On this the / day of rceir 1974 ,
before me , 1 � the undersigned
officer , person lly appeared / Chi-r2 -�- � << ��+-�-�"" ' t
known to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same
for the purposes herein contained . j
.... In witness whereof I hereunto set my hand and official seal .
;ojanisgion Expires :
Wti� ��
1-3 i 174 898 188
PARTIAL RELEASE DEED Y t
KNOW- ALL MEN BY THESE PRESENTS :
That in consideration of partial payment of in3ebtedness ,
mentioned in a certain Vendor ' s Lien retained by Warrarify be' edi',
dated November 4 , 1974 , and recorded in Book 875 at Page 856
in the Circuit Clerk ' s Office in and for Washington County,
Arkansas , said indebtedness originally having been owed by
Wal -Mart Properties , Inc . , to Arverna C . Watson , and secured
G'
by a lien on the following property located in Washington County ,
Arkansas :
Fifty ( 50 ) feet of equal and uniform width along the
East side of the following described property : A
part of the NW- 1/ 4 of the NW- 1% 4 of Section 20 , T16N ,
R301•7 of the 5th P . M . , Fayetteville , Arkansas , more
particularly described as follows : Beginning at • the
NW corner of said 40 acre tract , thence N 89, Ae.grees ,
49 ' 50 " E , 1317 . 47 feet ; thence S 0 degrees 43 ' 55.". E ,
143 . 37 feet ; thence S 56 degrees 42 ' 48 " W , t 603 . 92 •. feet ;
thence S 62 degrees 54 ' 53 " W 145 . 07 fe�et ; lthence S; ,
68 degrees 13 ' 47 " W 140 . 72 feet ; thence ' 517f . degrees;
02 ' 59 " W , 100 . 88 feet ; thence S 81 degrees 52 " 00 ". W ;
53 . 6 feet ; thence N 0 degrees 51 ' 00 " 178 . 57, ' feet; thence
S 89 degrees 49 ' 50 " W , 225 . 0 feet ; thence S 0 degrees
51 ' 00 " E , 210 . 0 feet ; thence S 81 degrees 52 ' 00 " W ,
75 . 0 feet ; thence N 27 degrees 10 ' 00 " W , 476 . 0 feet to
the point of beginning , and containing 13 . 69 acres ,
more or less .
( The aforesaid mortgage covers lands in addition to the
above described lands , and this Release covers only the
lands specifically described next above . The mortgage
liens remain in full force and effect as to all lands
described in the mortgage EXCEPT the above lands which are
specifically released from the mortgage lien . )
said lien on the property above mentioned is hereby released and
G
discharged on this / day of (_c.c °. ,, ,.( � . i , 1975 .
GIVEN Under my hand and seal on the day and year above
mentioned .
Arverna C . Watson
ACKNOWLEDGMENT V
STATE OF KANSAS )
) SS
COUNTY OF SEDGWICK )
On this % day of C4! 1- ( , 1975 , before the under -.
signed , a Notary Public , duly commissioned and acting , appeared
in person the within named Arverna C . Watson , to me personally
well . known as the grantor in the foregoing Release Deed and stated
� �tth " she, had executed the same for the consideration and purposes
ein.- eentioned and set forth .
6abVtenes`' my ha�.d and seal this day of ,LC ' C , l t.✓ 1975 *
W, gs ay hr Notary Public
b1}�PCIOWsgion• Expires : `� +
STATE of ARKANSAS 1
County of Washington]HE
J} as.
1, � hereby certify that I
am the Publish r of NO THWEST ARKANSAS TIMES, a daily
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 Co 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 percent of the subscribers
thereto have paid cash for their subscriptions to the newspaper or its agents
�. RUvi A%St . No. am or through recognized news dealers over a period of at least six months ;
AN ORDINANCE To ACCE" AND and that the said newspaper publishes an average of more than forty percent
0 0 N y t K M THE LAapEBCALD
DEYEt,pP3fENT PLAN OF wAL— news matter.
MART - paOPERT1Ea. INC., FOR
PROPERTY LOCATED NORTH OR I further certify that the legal notice hereto attached in the matter of
HIGHWAY 62 WEST, QO
ROAD
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or' ani 77,r�
,
IN.
Cb ,
R ,rn or n rsi waspublished in the regular daily Issue of said newspaper for
) )c of, consecutive Insertions as follows :
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nd eas 41111
The first insertion on the '__ _ day of _ 19--.
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the second insertion on the day of __ 19
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� � ^f the third insertion on the __ day of .. ._-_ ___---- 19 ___
,GiLti F %L CITY or
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Sworn to and subscribed before me on this da of _
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