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.