HomeMy WebLinkAboutOrdinance 3387 FILED FOR RECORD
188 DEC 29 AEI 8 42
WASHINGTON GO AR
ORDINANCE NO , 3387 A. KOLLMEYER
AN ORDINANCE ORDERING THE RAZING AND REMOVAL tWICRQFOE"
OF UNSAFE STRUCTURES AND THE ABATEMENT OF
UNSIGHTLY CONDITIONS AT 1310 W . PETTIGREW
STREET , 1519 WEST SIXTH STREET , 1159 EAST
FARMER DRIVE , AND 803 STORER AVENUE ,
WHEREAS , J . W . Eoff is the owner of the real property located
at 1310 W Pettigrew being more particularly described in Exhibit
" A" attached hereto and made a part hereof ; and
WHEREAS , Raymond Phillips is the owner of the real property
located at 1519 West Sixth Street being more particularly de -
scribed in Exhibit " B " attached hereto and made a part hereof ; and
WHEREAS , Kenneth Henshew is the owner of the real property
located at 1159 East Farmer Drive being more particularly de -
scribed in Exhibit " C " attached hereto and made a part hereof ; and
WHEREAS , Ernest Ray Keown and Ruby Owens are the owners of
the real property located at 803 Storer Avenue being more par -
ticularly described in Exhibit " D " attached hereto and made a part
hereof ; and
WHEREAS , the Board of Directors has determined that the
structures .located on said properties are dilapidated , unsightly ,
unsafe and detrimental to the public welfare ; and
WHEREAS , the Board of Directors has determined that said
properties are overgrown with grass and weeds and are littered
with trash and debris ; and
WHEREAS , the owners of said properties , after having been
given well over thirty days ' notice by certified mail , have
neglected and refused to raze and remove said unsafe structures
and to abate said unsightly conditions .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That J . W . Eoff , Raymond Phillips , Kenneth
Henshew , and Ernest Ray Keown and Ruby Owens are hereby ordered to
raze and remove the dilapidated , unsightly and unsafe structures
located on the aforesaid real properties ; and , are further ordered
to abate the unsightly conditions and cut the grass and weeds on
said properties . Said work shall be commenced within ten ( 10 )
days and shall be completed within thirty ( 30 ) days from the
passage of this ordinance . The manner of removing said structures
shall be : dismantle by hand or bulldoze and haul all debris by
truck to a landfill .
LIBEF- 1301PAGE454
- 2 -
Section 2 . If the aforesaid work is not commenced within
10 days or completed within 30 days , the City Manager is hereby
directed to cause the aforesaid structure to be razed and removed
and the unsightly conditions to be abated ; and , the City of
Fayetteville shall have a lien upon the aforesaid real property
for the cost of razing and removing said structures and abating
said unsightly conditions .
Section 3 . The Board of Directors hereby determines that
the aforesaid unsafe structures constitute a continuing detriment
to the public safety and welfare and determines that unless the
provisions of this ordinance are put into effect immediately , the
public health , safety and welfare of the people of Fayetteville
will be adversely affected . Therefore , an emergency is hereby
declared to exist and this ordinance being necessary for the
public health , safety and welfare shall be in full force and
effect from and after its passage and approval .
PASSED AND APPROVED this 1st day of November 1988 ,
APPROVED
By . `�1na _ 4
f / Ma or
LYE / /c
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•,-Ti:K/ Fi�E< A. .A04P : . EIBER1301PFAyW
E X H I B I T "F} "
Forty - five feet of equal and uniform width off of the
west side of the following described land , Beginning
fifty feet south from the center of the rail road right-
of - way , originally known as the Ozark and Cherokee
Central , running thence seven rods and three feet south ;
thence twelve rods east , thence fourteen rods northwest
with the curve of railroad , to the point of beginning
being a part of the NW 1 / 4 of the NE 1 / 4 of Section
Twenty , in Township Sixteen ( 16 ) North Range Thirty ( 30 )
west in Washington County , Arkansas ,
IiBEB 130 P �E 457
E X H I B IT "c "
Part of the Southwest Quarter of the Northeast Quarter
of Section Nineteen ( 19 ) in Township Sixteen ( 16 ) North
or Range Thirty ( 30 ) West , described as beginning at a
point on the East line of said forty acre tract which is
South 20 ° East two hundred ( 200 ) feet of the South line
of the right- of -way of U . S . Highway No . 62 , and running
thence South 70 ° West two hundred forty-one and ninety-
six hundredths ( 241 . 96 ) feet to a point which is two
hundred feet South 200 East of the South line of the
right - of -way of said highway ; thence North 50 44 ' West
seventy ( 70 ) feet ; thence North 700 East two hundred
fifty ( 250 ) feet , more or less to the East line of said
forty acre tract ; thence South along the East line of
said forty acre tract to the place of beginning .
lib[, 1301PAGE 458
. ' � 46s Drc ✓r'7!
EXHIBIT
Part of Lots Seven ( 7 ) and Eight ( 8 ) in Block Ten ( 10 )
in Rose Hill Addition to the City of Fayetteville , as
designated upon the recorded plat of said addition , and
more particularly described as follows : Beginning at
the Southwest corner of said Lot Seven ( 7 ) , and running ,
thence North One hundred twenty ( 120 ) feet , more or less
to an iron pipe 1 1 / 2 " inches in diameter driven deep in
the ground at the foot of an elm tree ; thence East one
hundred four ( 104 ) feet or to the East line of said Lot
Eight ( 8 ) ; thence South One hundred twenty ( 120 ) feet ,
more or less to the Southeast corner of said Lot 8 ;
thence West one hundred four ( 104 ) feet or to the
beginning point .
LIM 1301Phu 459
h Alma Kollmcp, Circuit Clerk and
Ex-officio Recorder for Washington County,
Arkansas, do herehy cart y that this in. CERTIFICATE OF RECORD
strument was filed for record in my office
as indicated hereon an the of Arkansas
duly recorded with the the same is now City of Fayetteville SS
and certificate thereon incknowledgement
Record Book and 1, Suzanne C. McWethy, City Clerk and
Pala as Indicated thereon. Ex-Officio recorder for the City of Fayetteville,
IN WITNESS WHEREOF, I have hereunto do hereby certify that the annexed
set my hand and affixor fore-
ed tho seal of said
going is of record in my office and the same ap-
Court on the date indicated hereon, pears in Ordinance & Resolution book
Alma Kolimayar � �/�,p '
Circuit Clark and ' at per"--"-"�� Witness my
ExmoLficio Recorder hand and seal this day of
o� 19
by d
City CI and Ex-Officio F comer
• Legal Notices
QRDIAANCE No. 3381.
r ' -AN ORDINANCE ORDER-
ING THE RAZING AND
REMOVAL OF UNSAFE - STATE Of ARKANSAS lI
' STRUCTURES AND THE , } 99.
ABATEMENT OF UN - County OI Washington 11
SIGHTLY CONDITIONS AT
1310 W . PETTIGREW
STREET , 1519 WEST -
SIXTH STREET, 1159 EAST
FARMER DRIVE, AND 803 I, - - hereby certify that I
STORERAVENUE. am the publisher o 'HE NORTHWEST ARK VSASTIMES, a daily newspaper
WHEREAS, J.W. EofI is Y
the owner or rhe real proper- having a second crass mailing privilege, and being not less than four pages of
}ty locates at 1310 w. Pet- five columns each, published at a fixed place of business and at a fixed (daily)
tic laxly beln9 more .per Intervals continuously In the City of Fayetteville, County of Washington, Arkansas
ticularlyeeing InExhlb-
. it :"A" attached hereto and for more than a period of twelve months, circulated and distributed from an
made a part hereof: and ,,,x established place of business to subscribers and readers generally of all classes
. WHEREAS, Raymond.
Phillips Is the owner of th in the City and County for a definite price for each copy, or a fixed price per
real property located at 1519; annum, which price was fixed at what is considered the value of the publication,
West sixth Street being
,more particularly described based upon the news value and service value it contains, that at least fifty percent
In . ,Exhibit 'B", attached of the subscribers thereto have paid cash for their subscriptions to the newspaper -
ihereof ane mate a part or its agents or through recognized news dealers over a period of at least six
hereof; and
WH E REAS ,' * Kenneth months; and that the said newspaper publishes an average of more than forty
1�Kershaw is the owner of the
{real property located at 1159 percent news matter.
' East Farmer Drive being
more particularly described I further certify that the legal notice hereto attached in the matter of
- in Exhibit "C" attached
hereto and , made a part
. hereof;
, WHEREAS, ,,
and.
HEREAS, "Ernest Ray
Keown and Ruby Owens are
' the owners of the real news a
regular published in the was prop /
arty located at 803 Storer re daily issue of said
}Avenue being more Par- P g p per
foi
ticularly described In Exhib- consecutive insertions as follows:
At :'D" attached hereto and - /N^/ / ����JJJXn
made a part hereof; and Y -/�. 19 4 4
, Medea
REAS, the Board of The first Insertion On the da of
` Directors has determined
' that the structures located
on said properties are dilap- the second insertion on the day of 19
[dated, unsightly, unsafe.
and detrimental to - the the third insertion on the da of
public welfare; and y 19
WHEREAS, the Board of
Directors has determined and the fourth insertion on the da
that said '; properties '"are y O 1
overgrown with grass and
weals and are unered with
.trash and debris; and ' • '+
WHEREAS, the owners of � ��)�i yq+
sai0propertles, after having Sworn t0 and subscribed before me O this `�x� Xi'V
been given we over thirty c�� days of
days' notice by Certified ,19 `el
mai!, have. neglacte0 and 1/ »t./AC�_
refused to raze antl remove
Bald unsafe structures antl to
. abate said unsightly condl-
tions.
NOW, THEREFORE, BE N ary Publi
IT ORDAINED BY THE
BOARDOF DIRECTORS, My Commission Expires:
O
- F-THE-CITY 'OF -FAYET-, P
TEWLLE, A That
J.W.
: .,t — ^ /
` .Section 1. That J.W. : : H C-J
{'Raymond Phillips, Kenneth,
Henshew, and Ernest Ray -
Keown and Ruby Owens are
thereby ordered to raze and ,
temove the ellap!datee,.un
1•sight!y and unsafe struci o
Jures •located. on the Fees for Printing
, Laforemld real properties; '
;.ane, are Wither Ordered lOI
abate the unsightly conal- Cost of Proof _ 5
tions and cut the grass and:'
weeds on Said Properties.
Said work shells be cum- Total _. 5 8 •fir
,menced within ten (10) days I
'
and shall be completed '
within thirty (30) days from
the passage Of this -ordi-
nance. The manner Of
removing said structures
Shall be: dismantle by handf
. far bulldoze and haul all
� 'debris
ontruck toe landfiaforesaid
/).7
Section 3. If the aforesaid Y_ u
work is not commenced
Within 10 days or completed
wain 30 dere, the City 1.
Manager is hereby directed L�
to cause the aforesaid remov-
ed
to be razed and lemon-
di ane the acedhtly; an ron-
ci+r'm Feabated;
ttevillen Shall
have . a ' Ileo upon the
aaforeaaid real,DroPerty ,for
'
:.the cost ;,of ,raxln9 and
. removing seltl sirocturea
. and abating sei0 unsightly.
. conditions.
' .aectlon 3. The Board ofi
and abating said unsightly
conditions.
Section 3. The Board of
Directors hereby deter-
- - mines that the aforesaid un-
safe structures constitute a
continuing detriment to the
public safety and welfare
and determines that unless
the provisions of this ordi-
nance are put Into effect
Immediately, the public
_ health, safety and welfare of
the people of Fayetteville
Will be adversely affected.
Therefore, an emergency is
' hereby declared to exist and
this ordinance being neces-
sary for the public health,
- safety and welfare shall be
In full force and effect from
and after Its ,passage .and
approval. .• s'r •:;a.v .,, . . .
PASSED'AND APPROV-
ED this tat day of
November, 198S. :
APPROVED
',,B,Y: Mar11Yn Johnson
wpesC. . ,1�i1;+ , Mayor -
By: Suzanne MCWemy
Clty Clerk
Description of property
owned by the St. L.-S.F. Ry.
Co. located at Fayette Junc-
tion, Washington County
Ark. and desired to be leased
by J.W. Edit.
' Beginning at a pont 20
' feet perpendicularly istant
In an easterly direction from ,
the center line of the St. L.- '
I S.F..Ry.,Co's Main track on
the. East -and -.west: center '
line of the SE V.'of Sec. 20, T..
16 N. R. 3OW at Fayette
; Junction, Washington Coun-
ty, Ark; thenceeastalong
said - land-..11ne'. 724 feet;
thence south at right angles
about 425 feet to a point that
Is 240 feet perpendicularly .'
distant In a northerly direc-
tlen from the tangent portion
- of Railway Co's Industrial
. lead tracki thence westerly
parallel With aforesaid
_ tangent 400 feet; thence
southerly at -right angles
about 100 feet to a point B.S .
fast perpendicularly distant
'Ina northeasterly direction
from the center line of cure-
. -act part of Industrial lead
'-track; thence northwesterly
'parallel with. Mast said
centerline 55 ftat;L.thence.
.northeasterly at right angles
-aobut 14 feet to a point 9.5
feet perpendicularly distant
in a northeasterly direction;
'from the southeasterly pro-
'•Ieclion of the centerline of
RalhvaY -CW%,:`J.P:- BFOWer
_spur;` thence nOrthwesterly
parallel with the eanter•Rne
-of said spur and Its
southeasterly projection
abouf 546 feet to a point 20
,feat perpendicularly distant
-In an easterly direction from
`center linosof. Melhrtrack
'eferenaidi:thenen' northerly
parallel.=wIM ; Mafn".track
centerline about,126 feet to
Point Of beginning. Contains
- 'about 7.2 acres.. . e -
n '11:.1r°t� FR NO. 1a24a-229 d'�1
O"Ice Chlef Engr. •�Azy.,',
Springfleld,MO
Aug. 21; 1952 '
.*L ,-EXHIBIT "B"
Forty-five feet of equal and
uniform width off of the west
side .of „the following
described land, ' Beginning
fifty feet south. from the ,
center'of,the railroad right., f
of-w41r, originally known as
the Ozark and Cherokee
Central, running thence
seven rods and three feet
south; thence twelve rods
east, thence fourteen rods
northwest with the curve of
railroad, to the point of
beginning being apart of the
NW'/ of the NE'/A of Section
Twenty, In Township Sixteen
(16) North Rpnge Thirty
1 � West n Washington
CQU .
(30) Arkansas: - ' ;ton
•r;, BRNI BIT "C•': yY''j ;-
Pw�~�n1 tM1w 'wnu�bw�.•
Parallel Wil
centerline about 126 feet to
point of beginning. Contains
-about 7.2 acres..
TR NO. 1!248-229
Office Chief Engr.
Springflela, MO
Aug 21; 1952 -
. . 1)j
if :E%NIBIT "B" al 'P
_ and
Fofeet of e9u
unifor-five m width off of the west
•. . � sloe.- otP, Tenaf BeDinning
'aexribed ' lir
me
fif1Y feet sour from .
enter of tlro raroatl right-
cas
oF-way or191na11Y known
Ozark end Cherokee - -
Central, running Thence
sev¢n rods and three feet
South: 1Hence twelve rods
northwest with me curvedof
railroad, to the point of
beglnnlnfl being a Parr of the
Nyy�/� oT the NE'/� � S xteen
Twenty In TpWnship
lib) North Range Thirty
' 1301 West in Washington ,
County, r anTs
Part f ihihe Northeast
Qeat
uarter of
Quarter of Sectl0n NSI%faeli
(19) Im 'TOwnShip
(Ia) North or Range Thirty
gyp) West, Oesc'^b oh the''
beginning at a Pe
' -East Iine of sola rorty:acre -
tract which Isis r If t South 20° East
5
out If a of I a ri hl-Of'wTaY
Of U.S. Highway No. f and
running thence South . 70e
West red forty-one
antl ninety-six .hundretltb.�
(241 .96) feat To f ppinT WM1Id1 '
- is two hundred feet South 1 6 the.
East of the SbutM1 to f -said
-rl0h t - of - w aY
-highway% thence North �4fI:
-West seventy (70) two
o11ftY7�250Ist feet,
-more or less t
I fo iaCfeai�aCt'
. gf soa orty
-thence 5ouI at I Eawt
- fine of Said to acre tract
-iP the Dlace of in In ;.
E%H1B7T "D"
part of Lots Seven (7) and
Eight (9) in.Biock Ten (10)
in Rose Hill AOtlitlon to the
City of Fayetteville, as ignated
u ioo the recorded
platof se addition, and
more particularly dexribed
as follows: Beginning at the
Southwest corner of said Lot'
seven (7) and and running,.
thence North One hundred
twenty (120) feet,• m re Or
-� 'less to an Iron pipe
In-
ches In diameter driven
deep in the ground at the foot
,of an elm free: thence East
-one huntlretl four (104) feet
or to the East Ilse Of said LO1
rst
r,Om (8): thence southfeet
-hundred twenty ( S u
ee
more or less to the Southeast
"Ione hundred fourh(104)
`feet or to the beginning
Int.