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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 `ATrEST�, t r ,3 ABy .s ^ i y ,C1PGrk ��t' e�, I (: t � ♦ � �BEE1101PtiGE455 ( y 7 . 07 ®ESCRiP rION !) ESQR1P-MhLOF PROP -ERTL . -A - E RY.C-Q.- LQCATE D AND DF. 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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.