HomeMy WebLinkAboutOrdinance 3543 FILED cn ,
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' h4EYER
ORDINANCE NO . 3543 1 ` cp zI'fj/j( �' n
_ AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN STREET
RIGHT-OF-WAY EASEMENTS ON PROPERTY LOCATED
ALONG NORTH STREET , TRACT 2 , 41 4E , 5 5E ,
CONTAINING 0 . 20 ACRES OWNED BY BURLINGTON
NORTHERN RAILROAD PROPERTY ,
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 street easement on the
property described below :
A ) Property located on North Street , owned by
Burlington Northern Railroad , 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 street right-of-
way easement by eminent domain proceedings is necessary for the
City to provide sufficient services for provisions of
transportation service and 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 16th day of April , 1991 .
APPROVED :
Mayo
'.-XTYEST : `
: :Ry
zC .ty' C1 rk
4, 4
IIBER1411P6GE798
EXHIBIT A
LEGAL DESCRIPTION
Tract No . 2 :
Part of the Southeast Quarter of the Northwest Quarter of
Section 9 , Township 16 North , Range 30 West , Washington County ,
Arkansas , more particularly described as follows :
Starting at the Southeast Corner of the Southeast Quarter
of the Northwest Quarter of Section 9 ; thence North 89 '
44100 " West along the South line thereof a distance of
393 . 38 feet to a point on the existing Easterly railroad
right of way line of the Burlington Northern Railroad :
thence in a Northeasterly direction along said existing
Northerly right of way line on a curve to the right
having a radius of 3287 . 75 feet a distance of 20 . 00 feet
to a point on the existing Northerly right of way line of
North Street ; thence North 89 ` 44100 " West along said
existing right of way line a distance of 175 . 05 feet to
a point on the existing Westerly railroad right of way
line of the Arkansas-Missouri Railroad for the point of
beginning ; thence continue North 89044100 " West along
said existing right of way line a distance of 125 . 04 feet
to a point on the existing Westerly railroad right of way
line of said Burlington Northern Railroad ; thence in a
Northeasterly direction along said existing railroad
right of way line on a curve to the right having a radius
of 3587 . 75 feet a distance of 24 . 45 feet to a point on
the proposed Northerly right of way line of said North
Street ; thence South 89049100 " East along said proposed
right of way line a distance of 125 . 06 feet to a point on
the existing Westerly railroad right of way line of said
Arkansas-Missouri Railroad ; thence in a Southwesterly
direction along said existing railroad right of way on a
curve to the left having a radius of 3462 . 75 feet a
distance of 24 . 63 feet to the point of beginning and
containing 0 . 07 acre more or less .
Tract No . 4 :
Part of the Southeast Quarter of the Northwest Quarter of
Section 9 , Township 16 North , Range 30 West , Washington County ,
Arkansas , more particularly described as follows :
Starting at the Southeast Corner of the Southeast Quarter
of the Northwest Quarter of Section 9 ; thence North
89044100 " West along the South line thereof a distance of
393 . 38 feet to a point on the existing Easterly railroad
right of way line of the Burlington Northern Railroad ;
thence in a Northeasterly direction along said existing
railroad right of way line on a curve to the right having
LIM, 1411PACE799
a radius of 3287 . 75 feet a distance of 20 . 00 feet to a
point on the existing Northerly right of way line of
North Street for the point of beginning ; thence North
89044100 " West along said existing right of way line a
distance of 125 . 04 feet to a point on the existing
Easterly railroad right of way line of the Arkansas -
Missouri Railroad ; thence in a Northeasterly direction
along said existing railroad right of way line on a curve
to the right having a radius of 3412 . 75 feet a distance
of 21 . 10 feet to a point on the proposed Northerly right
of way line of said North Street ; thence South 85041 ' 14 "
East along said proposed right of way line a distance of
19 . 39 feet to a point ; thence North 89 ` 49 ' 00 " East along
said proposed right of way line a distance of 105 . 68 feet
to a point on the existing Easterly railroad right of way
line of said Burlington - Northern Railroad ; thence in a
Southwesterly direction along said existing railroad
right of way line on a curve to the left having a radius
of 3287 . 75 feet a distance of 19 . 88 feet to the point of
beginning and containing 0 . 06 acre more or less .
Tract 5 :
Part of the Southeast Quarter of the Northwest Quarter of
Section 9 , Township 16 North , Range 30 West , Washington County ,
Arkansas , more particularly described as follows :
Starting at the Southeast Corner of the Southeast Quarter
of the Northwest Quarter of Section 9 ; thence North 890
44100 " West along the South line thereof a distance of
443 . 38 feet to a point on the existing Easterly railroad
right of way line of the Burlington Northern Railroad ;
thence in a Southwesterly direction along said existing
railroad right of way line on a curve to the left having
a radius of 3337 . 75 feet a distance of 30 . 00 feet to a
point on the existing Southerly right of way line of
North Street for the point of beginning ; thence continue
in a Southwesterly direction along said existing railroad
right of way line on a curve to the left having a radius
of 3337 . 75 feet a distance of 23 . 29 feet to a point on
the proposed Southerly right of way line of said North
Street ; thence North 81 ` 17109 " West along said proposed
right of way line a distance of 54 . 53 feet to a point ;
thence North 89049 ' West along said proposed right of way
line a distance of 21 . 03 feet to a point on the existing
Easterly railroad right of way line of the Arkansas -
Missouri Railroad ; thence in a Northeasterly direction
along said existing railroad right of way line on a curve
to the right having a radius of 3412 . 75 feet a distance
of 15 . 31 feet to a point on the existing Southerly right
of way line of said North Street ; thence South 89044100 "
East along said existing right of way line a distance of
75 . 00 feet to a point of beginning and containing 0 . 03
acre more or less .
LIBER 1411PAGE(5'�j"O
Temporary Construction Easement :
Tract No . 4E :
Part of the Southeast Quarter of the Northwest Quarter of
Section 9 , Township 16 North , Range 30 West , Washington County ,
Arkansas , more particularly described as follows :
Beginning at a pont which is 60 . 00 feet left of and
perpendicular to Centerline Station 38+ 30 . 00 , North
Street ; thence South 89 ` 49100 " East a distance of 40 . 00
feet to a point ; thence South 67000144 " East a distance
of 38 . 71 feet to a point on the proposed Northerly right
of way line of said North Street ; thence North 89049100 "
West along said proposed right of way line a distance of
105 . 68 feet to a point ; thencg North 63 ` 37 ' 06 " East a
distance of 33 . 54 feet to the point of beginning and
containing 0 . 03 acre more or less .
And
Tract No . 5E :
Part of the Southeast Quarter of the Northwest Quarter of
Sectin 9 , Township 16 North , Range 30 West , Washington County , '
Arkansas , more particularly described as follows :
Beginning at a point which is 55 . 00 feet right of and perpendicular
to Centerline Station 38+00 . 00 , North Street ; thence North
00011100 " East a distance of 1500 feet to a point on the proposed
Southerly right ofo ' wayiline' of said North Street : thence South
81017109 " East along said proposed right of way line a distance of
50 . 56 feet to ; a •point '; ' thence " South 00 ` 11West a distance of 7 . 5
feet to a point ;^ thin6e . North. 89 ' 49 ' 00 " West a distance of 50 . 00
feet to the point " o'f beginning,iand containing 0 . 01 acre more or
less . i
LwR1411PAGE801
1, Alma Kollmtsyer, Circuit Clark and
£x-officlo Recorder for Washington County,
Arkansas, do hereby certify that this in-
strument was fired for record in my office CERT
M indicated hereon and the some is now 11rICATE OF �i CpRD
duly receded with the acknowledgement State of Arkeum
and cert;.icato thereon in Record Book and Cit of Fayetteville SS
rc. a as indicated thereon.
I:J V.r:; ;:.55 WHEREOF, 1 have hereunto
OffictlorecorTho�i oto the Clerk and of
set my hand and affixed the seal of said Fayetteville, do hp ebCity
Court on t;,e cote indicated hereon. fOrejOin� of that the
mOrdcinan;; I the cord in any
Alma Kal!meyar same aPPear� in
Circuit Clark and a Resolution book V
Fx-off'clo Recorder 1 at
• witness my ha" -d d
�^ y of and
M
C Clerk an x-O clo
Recorder
�1021e�1 Notices tOt�l NoUpi�
North '89o44'00 ' West along a curve To the left having a ISTATE Of ARKANSAS
said existing right of way radius of 3337.75 feet a '
line a distance of, 175.051"t distance of 23.29 feet to a me.
to ?', !point - i e` existing point on*,the proposed COUnty 01 Washington
Westerly railroatl.. rig t� of Southerly right of way line of
Way line 'of thB Arkansas saitl North Street; thence
Missour,6. Railroad for the North 81?17095 West along
polnirof Deginninq - $ience said proposetl right of way /�
continue North ; 811044'00 line; &distance.of 54.53 feet to I, �koA" L f �YllrLa hereby certify that
west elong - aald "exlsnng a,poinY .;,tnence� North 89?49• am the publisher of 'HE NORTHWEST $ KANSAS TIMES, a daily newspaper
right Of way line a'distance West along sal^' proposed
of
of 125.04 feet to a point on the right of way line a distance having a second class mailing privilege. and being not less than four pages of
1'exlsting Westerly. railroad of 21.03 feet to,a,pointon,ehe l five columns each, published at a fixed place of business and at a fixed (daily)
rigni . of. way line ..of mid existing Easterly railroad , intervals continuously In the City of Fayetteville, County of Washington, Arkansas
. Burlington Northern right of way line of the
Railroad; thence! In a Nor. Arkansas - Missouri; for more than a period of twelve months, circulated and distributed from an
rheasrerly ;giFeS}Ion along Railroad; thence in a Nor- established place of business to subscribers and readers generally of all classes
esaid;exiSTing railroad right theasterly direction along In the Cit and Count for a definite i
of way line on,a curve to the saitl existing railroad right, Y Y price for each copy, ora fixed price per
i,right. having a radius of of way line on a curve to thel annum, which price was fixed at what Is considered the value of the publication,
F3587.75 feet a distance of right having a .radius ofd based upon the news value and service value it contains, that at least fifty percent
24.45 yeetto;agpuint on the 3412.75 feet a distance of
pro9k;WiJNortharly right of 15.31 feet toa pointon theex- of the subscribers thereto have paid cash for their subscriptions to the newspaper
jway;�llne.4of,csold North [sting Southerly right of way) or Its agents or through recognized news dealers over a period of at least six
Street^ Tlienca ' South line of saitl North Street;
189049'00"' , a °along sale thence South 89^44'00" East months; and that the said newspaper publishes an average of more than forty
propiia "right ,W, why line a along Said existing right of percent news matter.
dI*hnae &' i2S.03 feet to a way line a distance of 75.00
point o`n th'e existing Wester- feet to a point of beginning
lyrailroad'r[ght of way line and containing 0.03 acre I further certify that the legal notice hereto attached in the matter of
' of b1mid Arkansas-Mlssourl more or less.
R'ailrod6r Thence in a Temporary construction
Southwesterly direction Easement: y� ,/
afona safBexlstinq railroad Tract No. 4E: �fy.tiyLQ �.t 63i O 10 , ��j 15ry63
right of way on a curve to the Part of ane 5geineasT
left ^ having a radius of Quarter of the Northwest
3462.75 feet a distance of Quarter of section 9, was published in the regular daily issue of said newspaper for /
24:63+ feet ' to the point Of Township 16 North, Range 30 consecutive Insertions as follows:
beginning and containing West, Washington County,
0.07 acri•moreor less. Arkansas, more particularly
Tract No: 4: described as follows: The first insertion on the - da off 9 LL-
Part of the Southeast Beginning at a point which Y 100
Quarter sof the Northwest is 60.00 feet left Of and
Quarter, of Section 9, perpendicular to Centerline the second insertion on the day of 19
Township.16 North, Range 30 Station 36+30.00, North
West, Washington County, Street ; thence South
Arkansas,more particularly 89049100" East a distance of the third insertion on the day of 19
cinEribedesfollOws: 40.00 feet To a point; thence
Starting. at the Southeast South 6700044" East a
. Corner, of the Southeast distance of 38.71 feet to a and the fourth insertion on the d 9
Qugrter ,of the Northwest point on the proposed Nor-
QuerTer 'of Section 9; thence therly right of way line of
NOrth;89?44'00" West along said North Street; thence
the South line thereof a North 09049'00" West along
distenee ,'of 393.36 feet to a said proposed right of way Sworn to and subscribed before me o this ,
point,on theday
, existing Easter- line a distance of 105.66 feet '
ly riiii6ga�Aght of way line to a point; Thence North ....k
of the d;-then
Northern 6303710611.5feet
East a distance of 9 �1
Raib'oad; -ihel10 Ina Nor- 33.51 teems the panne of
the63terlil direction along beginning and containing
saitlsexisting' rallroad right 0.03 acre more or less.
of way' 1[ne'on 'a curve to the Antl
right havinga radius Of Tract No. SE: 1 v Nota y ublic
3287;75' feet a' distance of Part of the Southeast ;
20.001aeteO'a point on the ex- Quarter of the Northwest '
Isting Northerly right of way Quarter of Secton 9, My Commission Expires:
line of +North` Street for the Township 16 North, Range 30
point Of beginning; thence West, Washington County. '
North 69041.00" West along Arkansas, more particularly
mid existing right of way describedesfollows:
line a distance of 125.04 feet Beginning at a point which
t0 a point on the existing is 55.00 feet right of and
Easterly railroad right of perpendicular to Centerline 'Tract S:
way Iine. of the Arkansas - Station 36+00.00, North : CC'' Part of the Southeast
Missouri Railroad;thence in Street ; thence North Fees for Printing _ S ,d Quarter of the Northwest
Nor�fheast`e'r,lyf- dlrettlon 00011100" East a distance of Quarter of Section 9,
along sald existing railroad 15.00 feet to a point on the Township 16 North, Range30
right gofpwayll"tlgron a curve proposed Southerly right of Cost of Proof _. S W051,..Washington County,
to td e,righ.Vilaving'd;radlus way line of said North t Arkansas, more part[tuiariy
of 3412.75 distatiee,of .Street : thence South described asfoilows:
21.IVf two a mIntwOnithe 61017'09" East along said ,
proposedeNorthefy�rlg6l of proposed right of way Ilna a 'Polo) 5 starting at the Southeast
way,glin"e of 'lel OT'iNorth distance of 50.56 feet to a Corner Of the Southeast
Strout•) Mem: South Quarter f ins Northwest
point; thence South feet
to Quarter of Section 9; thence
85o4UU�Ight Va'y1_ geld a point ;
distance of a North North 890 line West along
dIstam etl rlpht Oi way linea a pot0" thence North the south 443. thereof a
tlistant ; thence
tow 50.0000" Westadistance of distance of existifeeltoa
point ; [ net al North begs feat to the point of ly railroad
rig sling Easter-
89049'00"
posed right
along said beginning and containing_ ly railroatl rightn way line
proposed right .6 way to 8 0.01 acre more or less. _ W the Burlington a In
distance Of existing
feel to a Railroad ; thence in
ly
pointonthesexlstlf Easter- Southwesterly direction
of railroad right - way line eight said existing railroad
of said Burlington - Northern right of way line on a curve
Railroad; thence in a to the left having a radius of
Southwesterly direction ; 3237.75 fast a distance of
along sold existing railroad 30.00 feet to a point on the ex-
right of way line on a curve [sting Southerly right of way
to the left having a radius Of line of North Street for tt •.
3287.75 feet a distance of point of beginning; then
19.88 feet to the point of continue in a Southwester �.
beginning and containing direction along said existir
' 0.06 acre more or less. railroad right of way line ;
102{.99 MUM
ORDINANCE NO. 3543
AN ORDI NANCE.
AUTHORIZING EMINENT
DOMAIN PROCEEDINGS
FOR THE CITY TO OB-
TAIN STREET RIGHT-
OF-WAY EASEMENTS ON
PROPERTY LOCATED
ALONG NORTH STREET,
TRACT 2, 4, 4E, 55E, COW
TAINING 0.20 ACRES
OWNED BY BURLINGTON
NORTHERN RAILROAD
PROPERTY.
BE IT ORDAINED BY
THE BOARD OF DIREC-
TORS OF THE CITY OF
F A Y E T T E V I L L E ,
ARKANSAS:
Section 1. That the Board
of Directors authorizes and
directs the city attorney of
the City of Fayetteville,
Arkansas to Initiate legal ac.
tion in order to obtain a
street easement on the prop-
erty described below:
A) Property located on
North Street, owned by Burl.
ington Northern Rallroaff,
as more fully set forth In the
legal description attached ,
hereto as Exhibit "A".
Section 2. The Board of
Directors hereby deter-
mines that the Immediate
acquisition of the above-
described street right-of-
way easement by eminent
domain proceedings is nec-
essary for the City to pro-
vide sufficient services fol
provisions of transportation
service and Is essential to
the public health, safety and
welfare. Therefore, an
emergency Is hereby
declared to exist and this or.
dinance 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 APPROV-
ED this 16th day of April,
1991.
APPROVED:
By: Fred S. Vorsanger
Mayor
ATTEST:
By : Sherry L. Thomas
City Clerk
EXHIBITA
LEGAL DESCRIPTION
Tract No. 2:
Part of the Southeast
Quarter of the Northwest
Quarter of Secton 9 ,
Township 16 North, Range 30
West, Washington County,
Arkansas, more particularly
described as follows:
Starting at the Southeast
Corner of the Southeast
Quarter of the Northwest
Quarter of Section 9; thence
North 890 41100"West along
the South line thereof a
distance of 393.38 feet to a
point on the existing Easter-
ly railroad right of way line
of the Burlington Northern
Railroad: thence In a Nor.
theasterly direction along
mid existing Northerly right
of way IIM an a curve t0 the
right having a radius of
3287.75 feet a distance of
' 20.00 feet to a point on the ex-
isting Northerly right of way
line of North Street; thence-