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HomeMy WebLinkAboutOrdinance 3512 f ' FLED FOR RECORD ' 90 OGT 4 flM S 30 WASHINGTON 00 AR A . KOLLMEYER ORDINANCE NO . X51 AdICItQ AN ORDINANCE AUTHORIZING EMINENT DOMAIIg' ME j, PROCEEDINGS FOR THE CITY TO OBTAIN 10 ' WIDE WATERLINE EASEMENT ON PROPERTY LOCATED ON THE SOUTH SIDE OF STONE STREET , WEST OF CROSS OWNED BY SHEIK ABDULAZIZ BEN- IBRAHIM . 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 a waterline easement on the property described below : A ) Property located on the south side of Stone Street , west of Cross owned by Sheik Abdulaziz Ben- Ibrahim , as more fully set forth in the legal description attached hereto as Exhibit "A" Section 2 . The Board of Directors hereby determines that the immediate acquisition of the above - described easement by eminent domain proceedings is necessary for the City to provide efficient water services and that the provision of efficient water service 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 18th day of September 1990 . APPROVED : By : ?� �r Y',,it Jfiy Mayor rATT_EST : , .. City .Cle Lha 1 LIBER 1387PAGE711 EXHIBIT "A" 10 . 0 foot Utility Right - of -Way Grant Part of the SE4 of the SW4 of Section 17 , T - 16 -N , R- 30 -W , being more particularly described as follows , to -wit : Commencing at the SE corner of said SE4 , thence West 461 .67 . feet , thence North 746 . 0 feet to the point of beginning , thence N 89 - 49 - 44 W 408 . 72 feet , thence N 00 - 03 - 21 E ' 581 . 82 feet , - thence N 89 - 10 - 57 E 68 . 01 feet , thence S 00 - 03 - 21 W 167 . 11 feet , thence S 89 - 30 - 46 E 340 . 67 f.eet , ' thence ' S 00 - 21 - 51 W 414 . 0 feet to the point of beginning , � containing �4 . 15 acres , subject of right - of -ways and .easements of record . Also being known as a part of Lot 2 , Lewis Subdivision to the City of Fayetteville , Arkansas, ' as per plat of said Subdivision on file in the . office of the Circuit Clerk and Ex- Officio Recorder ' of Washington County , Arkansas . A utility easement of equal and uniform width , described as being North 10 . 0 feet of the above - described property which abutts the southern right - of -way of Stone Street ; the centerline of said easement being the water main as constructed . upiR 1n87FAGE 712 CERTIFICATE OF RECORD State of Arkansas City of Fayetteville SS Offihcio Sherry eccoro recorder Bohr the Clerk and Ex- City of Fayetteville, do hereby certify that the annexed or foregoing is of record Li office and the same appears in Ordinance & Resolution boolaX ✓ qtpage 31, Witness Inv La .A seal thils 19 =Clerk y of L Alma Kollm"W, Circuit Cls'Ik Ona 1, Alma Kollmeyer, Circuit Clerk and tx-affiela rawder far Washington CourOyr Ex-officio Recorder for Washington County, Arkoncos, do hereby certify that this in- Arkansas, do hereby certify Ihal This +n- tlrumeni vias Cad for record in my office strumcnt was hied for record in T'. 'ice m indlectod hereon and the same is now as indicated hereon and the same c, now duly recorded w:th Cie acknowledgement duly recorded with the ackro::l. ':- mant and eerClcoto t:iereon in Record Book and and certificate thereon In RLCOrd Book and Page as indicated thereon. page as indicated thereon. IN 11.7N=S WH:RECF, I have hereunto IN WITNESS WhE".EOF, I have hereunto set my hand and affixed the seal of said set my hand and affixed the seal of said Court on the Dote indicated hereon. Court on the date indicated hereon. Alma Kollmeyer Alma Kollmeyer Circuit Clerk and Circuit Clerk and Ex-officio Recorder Ex-officio Recorder by by STATE of ARKANSAS 1 �Nwlbmd •Alit>riis Thm, Ttasip, Ocfi 9, 1_ Jyee. FarenevaLB, ARKANSASf iCounty o1 WashingtoORDINANCE NO. 352 -� n lO2dApl Ndias , 1021�11Ntins; I . AN O R D I N A NIC E W 611.0 feet3o:me'point Of hi ,4( „qA (,6 - fAUTHORIZING EMINENT beginning, containing 1'15 I, hereby certify that 1 DOMAIN PROCEEDINGS acres, sublect of right-ot. am the publisher of PE NORTHWEST AR ANSASTIMES, adailynewspaper rFOR THE CITY TO GB- ways and meannems or re-:+t having a second class mailing privilege, and being not less than four pages of TAIN 10 , WIDE card. Also being known 1 WATERLINE EASEMENT part of Lot 2, Lewis w Iv,1" flue columns each, published ata fixed place of business and at a fixed (daily) ,.ON PROPERTY LOCATED elan to ilia Cityq Cf. E�y1. .. � intervals continuously In the City of Fayetteville, County of Washington, Arkansas .fbN THE SOUTH SIDE OF tevllle;Arkenas as per i t 1 STONE STREET, WEST OF of said Subdivision ondl a In for more than a period of twelve months, circulated and distributed from an CROSS OWNED BY SHEIK tceottimof the Circuli lark .} established place of business to subscribers and readers generally of all classes IABDULAZIZ BEN - and Ex-Olficlo Recordikofs. � , IBRAHIM. Washington, nly., Ain the City and County for a definite price for each copy, or a flied price per rkane' BE IT ORDAINED BY l - v annum, which price was fixed at what is considered the value of the publication, tas THE -BOARD OF DIREC. AutilltyeaxpwnlMegWl based upon the news value and service value it contains. that at least fifty percent `TORS OF THE CITY OF and uniform width; descrl6-+ � of the subscribers [hereto have aid cash for their subscriptions to the newspaper t F A Y ETT E V I L L E , ari as bat NarM•10.0 feet P P iARKANSASi the aDova-da/aribed prapaC �1 or Its agents or through recognized news dealers over a period of at least six Section 1. That tce Board h' wnlcn abutts the aolttllern -{ months; and that the said newspaper publishes an average of more than forty .of Directors authorizn and right way of STone Street;. directs the city attorney of the' canTarline'of "to ease- . y percent news matter. Fthe City of Fayetteville, Ment being the water main• S _ as constructed. - 1 floe in order o obtain aa, I further certify that the legal notice hereto attached in the matter of /ion li oremem obtain e� waterline easement lo mel t lv AA) P yroper�ty local cl alit the //��I/•/ 1,/I `y1 C reouth side of stone kivest of Cross Quested DYI - Sheik Abduli Ben• /lbrahim, as more fully set was published In the regular daily issue of said newspaper for f forth In the legal desarlpnon consecutive Insertions as follows: attached hereto as Exhibitl ^ �— A". Section 2. The Board or Y The first Insertion on the 'Directors hereby deter-1 day of &tq19 mines mat the Immediate' acoulsltlon or the above-' the second Insertion on the day of 19 described easement by Amid Item domain proceedings !fo �lityt the third insertion on the day of 19 provide efficient water aer-, vices and that the provision ' of efficient water service Is' and the fourth insertion on the day 19 tessential to the public' health, safety and welfare. Therefore, an emergency is hereby declared to exist and this ordinance being neces- sary for the public health, his Sworn to and subscribed ' before me o tday of safety and welfare shall be' In full force and effect from 9 ! __ and atter Its passage end' approval. PASSED ANDA _ , ED this lath dayay of of September, 1990. 1 of ry Publl APPROVED: By: William V. Martin Mayor My Commission Expires: .ATTEST: /1 By: Sherry L. Thomas City Clerk EXHIBIT "A" 10.0 toot Utility Right-of- Way Grant Pert of the SE7, - the / 8 � SWV. of Section 17, a par, ' Ricins, being more par- Fees for Printing _ S � ticularly described as fonovn, to-wH: ' Commencing at the SE ' Cost of Proof _. 5 corner of said SEV., thence West 161.67 fast, thence Q North 766.0 feet to the point ' 'I'Olal 5 t . of beginning, thence N 69- ' N-u W 109.72 feet, theme N 100-03-21 E 581.92 feet, theme N 89.10-57 E 68.01 feet, ' theme 5 00-03-21 W' 167.11 ' test, thence S 09.30-46 E t340.67 feet, thence S 00-21.51 J E'd L a . OCT 21 IS:,I F11JAdCE DEFT.