HomeMy WebLinkAboutOrdinance 3548 47 Q ( l
ORDINANCE NO , 3548 TCROFILAMR 71
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
0
PROCEEDINGS FOR THE CITY TO OBTAIN STREETCD
o
RIGHT-OF-WAY , UTILITIES AND SIDEWALK
0
EASEMENTS ON PROPERTY LOCATED ALONG NORTH
STREET , TRACT 2 , 41 4E , 5 , AND 5E , CONTAINING
0 . 20 ACRES OWNED BY BURLINGTON NORTHERN
RAILROAD .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVII.T. 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 street , utilities and
sidewalk easements 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 , utilities and sidewalk easements by eminent domain proceedings
are necessary for the transportation service , efficient utilities
services and are 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 .
Section 3 . All ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed .
PASSED AND APPROVED this 7th day of May , 1991 .
APPROVED :
By .
Ma or
;ATTEST : �o
City dlerk
,
ll9ie lMPAGE970
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 89044100 " 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 on 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 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
89044 ; 00 " 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 on a curve to the right having a
radius of 3287 . 75 feet a distance of 20 . 00 feet to a
IIBEB 1413P@GE 971
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 85 41114 "
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-North 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 89 °
44 ' 00 " 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 81017109 " West along said proposed
right of way line a distance of 54 . 53 feet to a point ;
thence North 89 ° 49 ' 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 .
lIE:R I113PMGE972
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 point which is 60 . 00 feet left of and
perpendicular to Centerline Station 38+30 . 00 , North
Street ; thence South 8904910011 East a distance of 40 . 00
feet to a point ; thence South 67 ` 0014411 East a distance
of 38 . 71 feet to a point on the proposed Northerly right
of way line of said North Street ; thence North 8904910011
West along said proposed right of way line a distance of , ..
105 . 68 feet to a point ; thence North 63 ' 37 ' 0611 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
Section 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 00 ' 1110011 East a distance of 15. 00
feet to a point on the proposed Southerly right of way
line of said North Street ; thence south 81 ' 1710911 East
along said proposed right of way line a distance of 50 . 56
feet to a point ; thence South 00 ` 11 ' West a distance of
7 . 5 feet to a point ; thence North 8949 ' 0011 West a
distance of 50 . 00 feet to a point of beginning and
containing 0 . 01 acre more or less .
9 try
ueEAMPhGE973
fiel R� amu+) Clerk and
do ha. ngta, c ouny,
irfreed ecadin inoffice
duly recordod With on and rho some is now
and
rh the ochnowl
certificate theroan in RecBement
AsBe as indicated therBook and
/N kVIWHeon.
bt my hoodand a
ERE 1 hove hereunto
and
un on the affixed the seal of said
�Odote indicated hereon,
Alma Kohmeyer
Orcull Clerk and
4%officfo Rocorder
CERTIFICATE OF RECORD
State of Arkansas ( SS
Cityy of Fayetteville
I, Sherry Thomas, City Clerk and Era
Officio recorder for the City of
Fayetteville, do herebycertify that the
annexed or foregoing of record in my
office and the same appears in
Ordinance & Resolution Nook X X V _ at
page 399 Witness my Bud and
aeal y of 2Ltila
Clerk andOfix_r
. .oepiwlvo
w
: as49.
AN aORDIWcEnE !AUTHOR
1 IZING ' EMINENT IDOMAIN
PROCEEDINGS, FOR THE
CITY TO OBTAIN STREET•
RIGHT-0F-WA/� UTILITIES STATE o1 ARKANSAS 1
AND SIDEWALK `EASE /IS as.
MEMS ON PROdERTV L0='
CANTED ALONG, NORTH County of Washington
STREET. TRACT 2. 4, 4E.. 51
AND`SE CONTAINING 0.20.
ACRE? � WNED BY BUR-
epOAwn, 1L �il4�cM�t .a
LINGTO-N NORTHERN I, — --- hereby Certify theft
RAILROAD: - am the publisher E NORTHWEST AR v NSAS TIMES, a dally newspaper
BE IT, ORDAINED THE
BOARD OF DIRECTORS OF, having a second class mailing privilege, and being not less than four pages Of
THE CITY: OF FAYETTE-. five columns each, published at a fixed place of business and at a fixed (dally)
V1 Section 4. That the Bo ARKANSAS
SectIntervals continuously In the City of Fayetteville, County of Washington, Arkansas of Directors authorizes and
. for more than a period of twelve months, circulated and distributed from an
directs the city attorney of established place of business to subscribers and readers generally of all classes
the Cay of Fayetteville. Ark-
ansas to inmate legal action, in the City and County for a definite price for each copy, or a fixed price per
in order to obtain street„ annum, which price was fixed at what Is considered the value of the publication,
utilities and sidewalk ease-
ments on the property. de- based u n the news value and service value It contains, that at least fiftypercent
:.
scribed below: of the subscribers thereto have paid cash for their subscriptions to the newspaper
At Property located on or Its agents or through recognized news dealers over a period of at least six
North Street, owned by.
Burlington Northern Rail-. months; and that the said newspaper publishes an average of more than forty
road. as more fully set forth percent news matter.
in the legal description at:.
tached hereto as Exhibit
"A I 1 further certify that the legal notice hereto attached In the matter of
Section 2. The Board of
Directors hereby deter-
mines that the immediate y.lO
acquisition of the above de- 1
JZ
scribed street rightofwvay. I
utilities and sidewalk ease- /
menta by eminent domain was published In the regular daily Issue of said newspaper for
proceedings are necessary consecutive Insertions as follows:
for the transportation ser-
vice. efficient utilities ser- /
aces and are essential to The first Insertion on the L� day of 19 �—
the public health, safety
i
and welfare. Therefore. an '
emergency is hereby dec the second Insertion on the day of 19
lared to exist and this ordk
nance being necessary for
tne —putihc neaffhsafety' the third insertion on the day of 19
and welfare shall be in full
force and effect from ani
after its passage and
and the fourth insertion on the __ day of 19
'
approval.
Section 3. All mann s in
and parts of ordinances in
conflict with this ordinance
are hereby repealed. $Worn to and subscribed before me o this �' day of
PASSED AND APPROVED'
this 7th tlaY of MAY.. OVE I 9
.CPPROVEDl 9
By: Fred. S'Vor mayor
Mayor
ATTEST
By: Sherry L. Thomas Notary Public
City Clerk 8 .
EXNiBfT A
LEGAL DESCRIPTION My Commission Expires:
Trait No. 2:
Part of the oest�
Ouarter
the Northnhwwest
Quarter off N
Section a Town
ship 16 North. Range 301
West. Washington County. '
Arkansas, more particularly',
described tl a9 follows:
Starting at the Southeast �a o -1 S
corner of me Southeast Fees for PriN ing — Ste- O OIcY
Ouarter of the Northwest
thence
of Section 9:
thence North 80'f f'0$t Of Proof _-
West along the Southouth line fT -•11 C
thereof a distance of y3od . ctrl
393.38 feat to a point on ' Total S '
the existing Easterly railroedl
right of way line of the Bur-
lington Northern Railroad: !
thence in a Northeasterlyl
direction along said existing-
Northerly right of way line `f p yY
on a curve to the right hav-' t 1 11
,ng a radius of 3287.75 feet
adistance of 20.00 feet to,
a paint on the existing JUN 1 4 1991
Northerly right of way line
of North Street: thence )
North 89.44'00" West along
said existing right of way FINANCE DEPT.
line a distance of 175.05
feet to a point'on the exist-
ing Westerly railroad right
of way line of the Arkansas-'
Missouri Railroad for the
point of beginning: thence
continue North 89.44'00"
West along said existing
right of way line a distance
Wast a Ong the outtiline
of 125.04 feet to a point on thereof a distance of
the existing Westerly rail. 44338 feet to a point On
read right of way line of the existing Easterly railroad
said Burlington Northern right of way line of the Sur.
Railroad: thence in a North- lington Northern Railroad'
easterly direction along said thence in a Southwesterly
existing railroad right Of direction along saitl existing
way line on a curve to the railroad right of way line on
right having a radius of a curve to the left having a
3587.75 feet a distance of radius of 3337.75 feet a
24.45 feet to a point on the distance of 30.00 feet 10 a
proposed Northerly right Of Point on the existing South-
way line of said North any right of way line of-
Street ; thence South North Street for the point
89049'00" East along said of beginning: thence con-
Proposed fight of way line a tinue in a Southwesterly di-
distance of 125.08 feet to a rection along said existing
point on the existing Wes- railroad right of way line on
toffy railroad right of way of a curve to the left having a
saitl Arkaneas-Missouri Rail- radius of 3337.75 feet a
read: thence in a Southwes- distance of 23.29 feet to a
terly direction along saitl ex- Point on the Proposed
isting railroad fight of way Southerly right of way line
on a curve to the left hew Of saitl North Street: thence
ing a radius Of 3462.75 feat North 81 '17.09" West along
a distance of 24.63 feet to said proposed right of Way
the point containing 0.07 acre more
of line a distance of 54.53 feet
beginning and to a point; thence North
or less. 8949West along 0 ' '
or les9 saitl
Tinct 4: Proposed right of way line a
Pan of the Southeast distance of 21 .03 feet to a
Quarter of the Northwest point on the existing_ Eas-
Quarter of Section 9, Town- tarty railroad right of way
ship 16 North, Range 30 line of the Arkansas-
West. Washington County, Missouri Railroad; thence in
Arkansas, more Particularly a Northeasterly direction
described as follows: along saitl existing railroad
Starting at the Southeast right Of way line on a curve
Corner of the Southeast to the right having a radius
Quarter of the Northwest Of 3412.75 feet a distance
Quarter of Section 9; Of 15.31 feet to a point on
thence North 89444'00" the existing Southerly right
West along the South line Of w :-{ot saitl orth
thereof a distance Of Street ; thence South
393.38 feet to a point on 89'44'00" East along said
the existing Easterly railroad existing right of way line a
right Of way line of the Bur- distance of 75.00 feet to a
lington Northern Railroad; pint of beginning and con-
thence in a Northeasterly taining 0.03 acre more or
direction along saitl existing less.
railroad right of way on a Temporary Construction
curve to the right having a EasemTract 4E:en
radius of 3287.75 feet a
distance of 20.00 feat to a Part of the Southeast
point on the existing North- Quarter of the Northwest
erly right of way line of Quarter of Section 9, Town-
North Street for the point ship 16 North, Range 30
of beginning; thence North West, Washington County.
89'44400" West along said Arkansas. more Particularly
existing fight of way line a described as follows:
distance of 125.04 feet to a Beginning at a point
point on the existing Eas- which is 60.00 feet left of
telly railroad right of way and perpendicular to Can-
line of the Arkansas- terline Station 38+30.00.
Missouri Railroad; thence in North Street: thence South
a Nonheasterly direction 89'49.00" East a distance
along said existing railroad of 40.00 feat to a point:
right of way line on a curve thence South 67'00'44'
to the right having a radius East a distance of 38.71
of 3412.75 feat a distance feet 10 a point On the prop-
of 21 .10 feet to a point on Osed Northerly right of way
the proposed Northerly right line Of said North Street;
of way line of saitl North thence North 89.49'00 "
Street : thence South West along said proposed
85'41 '14" East along said right of way line a distance
proposed right of way line a of 105.68 feet to a point;
distance of 19.39 feet to a thence North 63.37'06"
point ; thence North East a distance of 33.54 •
89'49'00" East along said deet to the point of begin-
proposed right of way line a ning and containing 0.03
distance of 105.68 feet to a acre more Or lass.
point on the existing Em- AND '
terly railroad right of way Tract No. 5E:
line of said Burlington-North Part of the Southeast
Railroad; thence in a South- Quarter Of the Northwest
westerly direction along Quarter of Section 9,Tovin-
said existing railroad right ship 18 North, Range 30
of way line on a curve to West. Washington County,
the .left having a radius of Arkansas, more particularly
3287.75 feet a distance of described as follows:
19.88 feet to the point Of Beginning at a point
beginning and containing which is 55.00 feet right of
0.06 acre more or less. and Perpendicular to Con-
Tract 5: terline Station 38+00.00,
Part of the Southeast North Street: thence North
Quarter of the Northwest 00'11 '00" East a distance
Quarter of Section 9, Town- of 15.00feat to a Point on
ship 16 North, Range 30 the Proposed Southerly
West, Washington County, right of way line of said
Arkansas, more Particularly North Street: thence south
described as follows: 81'17'09" East along said
Stertirp at the Southeast proposetl right of way line a
Corder of the Southeast distance of a So fee[ to a
Quarter of the iNorthweat Point: thence South 00'11
Quarter of Section 9; West a distance of 7.5 feet
thence North 89'44'00" to a point thence North
89'49'00" West a distance
of 50.00 feet to a Point of
beginning and containing
0.01 acre more Or less.