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HomeMy WebLinkAboutOrdinance 3494 F ! LEiJ FCS RECORD ORDINANCE NO . 3494 0 BUG 8 PM 3 54 AN ORDINANCE AUTHORIZING EMINENTiitND0i4E$IP AR PROCEEDINGS FOR THE CITY TO OBTAINA . ZQLLW!FD1KR PERMANENT SEWER EASEMENTS AND 10 ' WIDE TEMPORARY CONSTRUCTION EASEMENTSVLWI ebLME D LOCATED NORTH OF HIGHWAY 16 EAST AND AD R ET TO SOUTH SCHOOL STREET OWNED BY THE ROBERT L . VAUGHN ESTATE , AND PROPERTY LOCATED EAST OF MILL AVENUE AND SOUTH OF ROCK STREET OWNED BY GEORGE FLOWER . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors authorizes and directs the city attorney of the City of Fayetteville , Arkansas to initiate legal action in order to obtain temporary and permanent sewer easements on the property described below : A ) Property locate north of Highway 16 East and adjacent to South School Street owned by the Robert L . Vaughn Estate as more fully set forth in the legal description attached hereto as Exhibit " A" . B ) Property Located east of Mill Avenue and south of Rock Street owned by George Flower as more fully set forth in the legal description attached hereto as Exhibit "B" . Section 2 . The Board of Directors hereby determines that the immediate acquisition of the above - described easements by eminent domain proceedings is necessary for the City to provide efficient sewer services and that the provision of efficient sewer services is essential to the public health , safety and welfare . 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 17th day of July 1990 . APPROVED : By : Leoo r % Asst . Mayor ATTEST : UW.; LIBER1379NGE198 EXHIBIT " A" 20 Foot Permanent Right - of -Way Grant Right - of -way being 10 - feet either side of the following described centerline and extending Northerly or Southerly until it intersects the North line of , the South line of , or the East line of above - described tract of land : Beginning at a point on the East line of 11 . 5 feet North of the SE corner of the above - described tract of land ; thence N 27 ° 05 ' W for 60 . 6 feet to the center of a sanitary sewer manhole ; thence N 00 * 31 ' W for 185 . 6 feet to a point on the North line of and 29 . 2 feet West of the NE corner of the above - described tract of land . Said ,permanent right - of -way grant being further described as being 10 - feet either side of the sanitary sewer line as constructed . and : 5 Foot Temporary Construction Easement A 5 foot strip of land abutting to an parallel with the Easterly line of the above - described permanent right - of -way grant and a 5 foot strip of land abutting to and parallel with the Westerly line of the above - described right - of -way grant . USER 1379PAGE129 EXHIBIT " B" 20 Foot Permanent Right - of -Wav Grant Might - of -way being 10 - foot either side of the following described centerline and extending Northwesterly and Southeasterly until it intersects the North line or South line of the tracts of Land described in warranty deed found in Deed Book 1069 at Page 192 of the Washington County Clerk ' s office , said center line being more particularly described as follows : Beginning at a point 36 . 1 feet West of the SE corner of Lot 8 , Block 2 of Hendry ' s Addition to the City of Fayetteville ; -thence No 30 ' 10 ' W for 115 . 1 feet to the center line of a sanitary sewer manhole ; thence N 02 ° 19 ' 11 "W for 37 . 7 feet to a point on the South line of , and 10 . 0 feet West of the Southeast corner of the West half of Lot Number Seven ( 7 ) , Block 2 of said Hendry ' s Addition , said point also being the terminus of said center line . Right - of -way being further described as being 10 - foot either side of the sanitary sewer line as constructed . and ; 5 Foot Temporary Construction Easement A 5 - foot strip of land " abutting ,, to - -and parallel wXth the Easterly line of the above - described right - bf -wav' grant and. a 5 - foot strip of land abutting to and 'parallel with the Westerly line of the above - described right - of -way grant . and ; 20 Foot Permanent -Right - of -wav Grant A 20 - foot strip of land abutting to and parallel with the Easterly line of the West half of Lot Number Seven ( 7 ) Block 2 of said Hendry ' s Addition and extending Northerly and Southerly until it intersects the North and South line of said West half of Lot Number Seven ( 7 ) . and ; 10 Foot Temporary Construction Easement A 10 - foot strip of land abutting to and parallel with the Westerly line of the above - described right - of -way grant . LIBER MPAGE13O CERTIFICATE OF RECORD State of ArMP Cltr of Fag tijerk and Ev h e PT Thome , Cit of 1, Alma Kollmeyer, Circuit Clerk and QTi1clo reeor h for thecertify that the Ex-officio C_rcrder for Washington County, Fayett d or & of record in � Arkansas, da haru�y cernty that this ln• anneled or foregoingtame appears in strumcnt vias f.:ad for reco-d In my office office and as indicated hereon aed me same Is now Ordinance & Resolution book Witness my Lana and duly recorded w::h 6e ocknc.vledgement page a� &y Of and certificate thereon in Rerord Book and Bea` �� a Page as indicated Ihoreon. 19j` IN WITNESS WHEREOF, I hove hereunto 1 Clerk d $Y-dflici0 set my hand and affixed the sea) of said Court on the dote indicated hereon. Alma Kollmeyer Circuit Clerk and Ext-officio Recorder byCY�. � aRDINANCE NO. Of9! r AN, O+. R. D 1 N •A N(COE AUTHORIZING EMINENT L)OMALN: `,y40T EEDINGS TO OB a POR' THEW( STATE of ARKANSAS PAIN 20'• WIDE PEASE MENTS SEWER . EASE - ' lee. MENTS AND 10' WIDE , County Of Washington 1 TEMPORARY CON -' I STRUCTION EASEMENTS ON PROPERTY 'LOCATE D, n ' n ` NORTH OF HIGHWAY' 16 T TI C.CtifC� r44._ a hereby certify that I EAST AND ADJACENOI �yt.fi. SOUTH SCHOOL ST RE ETi am the publisherof ENORTHWEST ARKA ASTIMES, adailynewspaper OWNED BY THE ROBERT' IEL. vAUGHN ESTAThaving a second class mailing privilege, and being not less than four pages of , AND1 PROPERTY LOCATE DI five columns each, published at a fixed place of business and at a fixed (dal[ EAST MILL AVENUE SO ( AND SOUTH OF ROCK intervals continuously In the City of Fayetteville, County of Washington, Arkansas SITREET OWNED BY ', for more than a period of twelve months, circulated and distributed from an ',GEORGE FLOWER. BE IT IB established place Of business t0 subscribers and readers generally Of all classes I ORDANED Y ' 1n the Cit and Count for a definite rice for each THE BOARD OF DIREC- 1 y y p Copy, ora fixed price per (TORS OF THE CITY of annum, which price was fixed at what Is considered the value of the publication, FA Y E T T E V I L L E , based upon the news valueand servlcevalue it contains, that at leastfifty `ARKANSAS:' perCent Section 1. That the Boa rat of the subscribers thereto have paideash for their subscriptions tothe newspaper Idi Directors it attorney and or Its agents or through recognized news dealers over a period of at leas directs the city eJlorneY of . the City of : Fayereville,l months; and that the said newspaper publishes an average of more than forty Arkansas to Initia+p legal ac- percent news matter. tion in order toobtain tem- IPorary andN Permanent sewer easements on the I further certify that the legal notice hereto attached in the matter of property describb«dabeI A) Properly �. te no It of Highway 16 as and ad I ` latent to South school street .// . n� f P� i l//U yeu9 n stateeasRmore fully !J�•L�r( set forth In the legal descrlp- was published in the regular daily issue of said newspaper for tion attached hereto as Ex' hlbit "A " consecutive insertions as follows: B) Property las+ so ' Rock slower sword by The first insertion on Of Mill Avenue andnd southh O1 the day DI 19George Flower as more fully 90_ set forth I thelege[ descrip- lion attached hereto as Ex- the second insertion On the day Of 19 . Ihi Section 2. The Board of i ' Directors hereby deter- the third Insertion on the day of 19 mines that the immediate acquisition of the above discribed easements y I — and the fourth insertion on the — dav of eminent dom:aln pro- ceedings is necessary,for the City to Provide efiiclent 7// provision ofidntese .r ntial, +o the Sworn to and subscribed betme me this .� day of ' services Is' t A an I public heal4h, 'safety entl 1 welt are. 3a Ist re is r, l 1 � �2n • 191SZ—_ G eme rg eli'cy Itleclared to exln as this I r tlibnnce being necessary for the public health, safely and NO r Public Welfare shall be in full force and its I frortl'entl after Its passageand approval. My Commission Fxpires: EDAmss 17thda pP Roy, II (J . 1990' APPROVED: % / BY : Fred . vosanger Ass?r Mayor1 ( ATTEST: I By: Sherry L. Thomas �� ����// -� ,, ' City Clerk EXHIBIT "A" Fees for Printing _ 5 /�L' f3b 20 Fast Permanent Right-Of-Why Grant Right-o I. being 10-feet Cost Of Proof _. S elfher sitle Of the 111Owin9 ' de rl I rlln! and ex 'I'Oial. $ /" — rt art d`� ten inq Noy or southerly until it Intersects Ilene o1, rl the East Iineu of abovs. aInning at trct poirll Of [[ Iana : Beg I-� V V V 1 • r ✓. the East line of f ler eet ebo eIt cdescrlbed r tract t of ," land; thence N27°OS'W for ( SEP 1 Il 60.6 feet tO the center Of a ' It sewer manhole;. ; FINANCE DEPT, C N W 3t'W for les.b • feet fo a Dint on the NortM1 l Zine of and 29.2 feet West of the NE corner of theabOve- Daaid xm9nenecr - I Ontof-way ' grant being further tle5crib- etl as setoff 10-feet either &InlY yewef Zine as Constructed r and: _ _ 5 FOOT I amporary Construction Easement A 5 foot strip of land abut ting to an parallel with the Easterly line of the above. described permanent right. of-way grant and a 5 foot strip of land abutting to and parallel With the Westerly line of the above-described right-of-way grant. EXHI BIT "B" 20 Foot Permanent Right-of-Way Grant Right-of-way being 10-foof either side Of the following described centerline and ex. tending Northwesterly and Southeasterly until it in. tersects the North tine or South line of the tracts of land described in warranty deed found In Deed Book 1069 at Page 19: if the Wash- ington County Clerk's office, said center line being more. particularly described as follows: Beginning at a point 36.1 feet West of the SE corner of Lot e, Block 2 of Hendry's Addition to the City of Fayetteville; thence No. 30010'W for 115.1 feet to the center line of a sanitary sewer manhole; thence N 02°7 "VT - 'IV79eet to a Point on the South line of, and 10.0 feet West Of the Southeast corner of the West half Of Lot Number Seven (7), Block 2 of Said Hendry's Addition, said point also be. Ing the terminus -of said center tine. Rlght-of-Way be. Ing fulrther-described as be- Ing 10-foot either side of the sanitary sewer line as con. structed. and; S Foot Temporary Construction Easement A 5-foot strip of land abut- ting to and parallel with the Easterly line of the above. described right-of-way grant and a 5 foot strip of land abutting to and parallel with the Westerly line of the above-described right-of. way grant. and; 20 Foot Permanent Right-of-way Grant A 20-Foot strip of land abutting to and parallel with the Easterly tine Of the West half of Lot number Seven (7) Block 2 of said Hendry's Ad- dition and extending Nor theriy and Southerly until It .Intersects the North and South line of Said West half of Lot Number Seven (7) . and; IO Foot Temporary Construction Easement A 10-fOo1 stripe of land abutting to and parallel with the Westerly line of the above-described r(ght-of. way grant. � 2 e , A . § f / / kz F� ) / / g § | � § / § | ) » Q Q § k Q § m C.) « � m ) q \ \ ) § go cl ) § PCI 2 \ \ 4 ) 2 ; � J ; / \ \ � � f3 \ § 2 2 2 Q � ) j / ] ( 2 . © ( « \ e c ca e j / C £ § Im 01 ■ & ¥ § \ / gn z 44 44 bk ) § 2 \ Im Cd CD § Q 7 - � §wI \ \ ƒ \ G �a ® e g � ` ) k k f ) \ \ cn Cd cy Cd9w ) \ [ \