HomeMy WebLinkAboutOrdinance 3562 i
Aprw
FILED FOR RECORD
' 91 SEP 5 API 9 26
ORDINANCE NO . ir; 69 WASHINiJTON CO AR
A . fk _, LLIMEYER
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS - FOR THE CITY TO OBTAIN
APPROXIMATELY 79 ACRES , LOCATED NORTH OF
DICKSON STREET , EAST OF WEST AVENUE , SOUTH OFWATSONTTy� ����dd
ROBERT �ALAN LEWIS , NANCY WITT LEWIS ,AND WEST OF CAMPBELL � AND JAXq CR0FjL ,P��
HARGIS FOR THE PURPOSE OF PUBLIC PARKING FOR
THE WALTON ARTS CENTER ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
> Section 1 . That the Board of Directors authorizes and
LL directs the City Attorney of the City of Fayetteville , Arkansas to
I
nitiate legal action in order to obtain approximately . 79 acres
located north of Dickson Street , east of West Avenue , South of
Watson , and West of Campbell Avenue , as more fully set forth in the
r legal description attached hereto as Exhibit "A" ; owned by Robert
I-i Alan Lewis , Nancy Witt Lewis , and James Hargis for the purpose of
U public parking for the Walton Arts Center .
Section 2 . That the Board of Directors hereby determines
that the immediate acquisition of the above described property is
necessary for the City to start construction of public parking at
the site in order to finish the parking area at or near the opening
of the Walton Arts Center and that the provision of such parking is
essential to the public safety and welfare . Therefore an emergency
is declared to exist and this ordinance being necessary for the
public safety and welfare shall be in full force and effect from
and after its passage and approval ,
PASSED AND APPROVED this 20th day of August , 1991 .
APPROVED :
By : !
Mayor
".ATTEST :
City ..0 ek
EXHIBIT "A"
Legal Description
Tract One :
A part of Lot 8 in Block 6 in the County Court Addition to the
City of Fayetteville , Arkansas , as per plat recorded in the Circuit
Clerk ' s office in Washington County , Arkansas , and being more
particularly described as follows :
Commencing at a railroad spike on the East line of said
Lot 8 which is S00014147 " E 15 . 02 feet from the Northeast
corner of said Lot 8 ; thence S89 ` 39 ' 58 " W 192 . 17 feet to
a Brass Cap for a point of beginning ; thence N00038 ' 5l "
W 13 . 17 feet to a brass cap ; thence S 88 ' 42 ' 50 " W 131 . 20
feet to the Northwest corner of a lease description from
Hargis-Witt to Burban ; thence along the West line of said
lease S 03 ` 36130 " E 107 . 39 feet ; thence along the South
line of said lease N 89 ` 50130 " E 125 . 78 feet to a rebar
pin ; thence N 30058150 " W 12 . 37 feet ; thence N 00008126 "
W 79 . 75 feet ; thence N 40 ° 30 ' 18 " E 8 . 22 feet to the point
of beginning , containing 13 , 427 . 28 square feet , more or
less .
Tract Two :
A part of Lots 5 , 7 and 8 in Block 6 of the County Court
Addition to the City of Fayetteville , Arkansas , as per plat
recordedin the Circuit Clerk ' s office in Washington County ,
Arkansas , and being more particularly described as follows :
Commencing at a railroad spike on the east line of said
Lot 8 which is S 00 ` 14147 " E 15 . 02 feet from the
Northeast corner of Lot 8 ; thence S 89039158 " W 192 . 17
feet to a brass cap ; thence N 00 ' 38151 " W 13 . 17 feet to
a brass cap ; thence S 88 ` 42150 " W 131 . 20 feet to the
Northwest corner of a lease description from Hargis-Witt
to Burban for a point of beginning ; thence along the West
line of said lease S 03036130 " E 107 . 39 feet ; thence
S89 ' 59 ; 30 " W 246 . 48 feet to the East right of way of West
Avenue ; thence along the Right-of-way N 00009130 " W 29 . 44
feet ; thence leaving the right of way along a curve to
the right having a radius of 603 . 80 feet through a
central angle of 01037056 " an arc length of 17 . 20 feet to
a point of compound curve ; thence along a curve to the
right having a radius of 282 . 58 feet through a central
angle of 38 ` 42124 " an arc length of 190 . 90 feet to a
rebar pin ; thence N 88042150 " E 51 . 53 feet to the point
of beginning , containing 21 , 185 . 97 square feet , more or
less .
u9Ua IUOPAGe983
1, Alma Ko!!-3y^r, �'--tp r'-r'; and
r . . 'nry
e"iy -CII. L — . -It CERTIFICATE OF RECORD
an-. . .i .nd State of Arkansas
/ Pap ; Cit of Fayetteville
SS
set my ,,� ._ _ . ,. .. of Said I, Sherry Thomas, City Clerk and Ex-
Officio recorder for the City of
CO0" on ` " = `°" Fayetteville, do hereby certify that the
Alma I:c "r. r annexed or foregoing is of record in my
Circuit office and the same appears in
Ordinance & Resolution book V I at
page 43 Witness my han and
by
seal 6 O ! of =fffgaim�
Cler& end ya
.JyORDIINANCE. NO. 3562
r AN `ORDINA.NCE " AU-
THORIZING' ENIINENF %DOo
MAIN PROGEEDINGS^:F-ORI
THE CITY TO OWAINsIAP- I
PROXIMATELY 79 ACRES. STATE of ARKANSAS
LOCA rEolle0ORAH�OF
88.
OICKSONySTR•EE1T1 EAST (
�'OF WEST gVENUE. SOUTH County of Washington
OF WATSON;� AND WEST �
OF CAMPBELL AVENUE /IJM
OWNED BY ROBERT°ALAN
LEWIS , N'ANCy WITT I, hereby certify that I
LEWIS, AND JAMES MAR-
GIS FOR THE PURPOSE am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper
OF PUBLIC PARKING FOR I having a second class mailing privilege, and being not less than four pages of
THE W A LT O N AR TSI five columns each, published at a fixed place of business and at a fixed (daily)
CENTER.
BE IT ORDAINED BY THE (
Intervals continuously In the City of Fayetteville, County of Washington, Arkansas
BOARD ,OFDIRECTORS I for more than a period of twelve months, circulated and distributed from an
OF TtE DTV OF FAVET•
TEVIrLE. nttltnNsas: ! established place of business to subscribers and readers generally of all classes
Section: I . That: the in the City and County for a definite price for each copy, or a fixed price per
Board -of ".Directors i6thor-
Use and Cirecls the .City. At- I annum, which price was fixed at what is considered the value of the publication,
fomey of gine. City. of Fayet- based upon the news value and service value It contains, that at least fifty percent
legal Arkansas to e ( to.initob- 1 of the subscribers thereto have paid cash for their subscriptions to the newspaper
legal ipp�ocrorl in order to. or Its agents or through recognized news dealers over a
rain apprexlmeteh/ -79 acres g g g period of at least six
located north of Dickson I months; and that the said newspaper publishes an average of more than forty
street. seat of West Av-
enue. South of Watson and
West of Campbell Avenue.
es mare fully set forth in
de
the legal deIscription al-I I further certify that the legal notice hereto attached In the matter of
tacked hereto Exhibit I
'q": owned by b
Robert Ari I �
Lewis, Nancy Witt Lewis.
and James Hargis for the
fng
ort theeWaltoof nuArs cenublic ter.. 4 I
Section 2. That the 1 was published In the regular dally issue of said newspaper for
Board of Directors hereby i consecutive Insertions as follows:
determines that the imine- '�11 I
diate acquisition of the vI
above described Property Is The first Insertion on the day of 19 1
necessary for the City to
start construction of public
parking at the site in order the second Insertion on the day of 19
to finish the perking area at
or near the opening of the
Walton Arta Center and that y the third Insertion on the da of 19
the provision of such Perk-
ing is essential to the and the fourth insertion on the d 19
public safety and warfare.
Therefore an exist
and tis .
declared to exist ece this
oMinenca being necessary/i
for the public safety and
we nem he be in fun force Swor to and subscribed before me on this 601urlay of
and affect from and attar
ns Sewage and approval. lA''At� lilt
PASSED AND APPROVED -
this 20thday of •August,
1991 .
APPROVED: _. It
By: Fred' S. Vo
yorot ry Public
Mar
ATTEST:s My Commission Expires:
By: Sherry L. Thomas
City Clerk 1 — D — � 1
j E1t11®ff 'A'
Legal Description
Tract Ona:
A part M Lot a it Bldo / • � �
8 In the County Court AEdi , tt
i. tion to the as. of Fer plat Fees for Printing — S
vee Arkansas. as per plat
lrecorded in the Circuit .--�—�
Clerk's office in Washington Cost of Proof —_ S
County. Arkansas., and be- ,
Ing more particularly do-
�scdbved as follows: Total S _
Commencing at a railroad
spike on the East line of
said Lo a which is .SW de-
grees 14'47" E 15.02 feet
from the Northeast corner bV I
of said 8: thence SV
V U
39
depress W 182.1717
area
feet .to a areas Cep for e -
point of beginning: thence Nov
N00 degrees 30'51 " W n•• p q 1991
13.17 feet to a brass cap:
�tllanca S08 degrees 42'50"
W 131.20 rest to jha North-
eat op
mer of a lease de-
scription from Hargis-Witt
to Burban; thence along the
Wast line of saitl lease S ,
103 deg roes 38'30 " E
107.39 feet: thence along
[ha Soutn line of said lease
N 89 degrees 50'30" E ,
125.78 feet to a rebar pin:,
` thence N30 . degrees 58'
`Ir50" W 12.37 feet: thence'
N00 degrees 08 ' 26 "
W79.75 feet: thence N40
d roes 30' 18" E 8.22 feet
ldfrha pubes of beginning,
edhjAnirig. 135427.28 square
f" . more or leas.
Tract 3wo;
A part of Loss 5. 1, and 8
in Block 6 Of the "County
Court Addition to the City
of Fayetteville. Arkansas, as
per plat recorded in the Cir-
cuit Clerk ' s office in
Washington .County, Arkan-
sas, and being more Parti-
cularly described as follows:
Commencing at a railroad
spike .on the• ,east line of
said Lot 8 which is SOO de-
grees 14'47- E 15.02 feet
from the Northeast corner '
of Lot 8: theme S 89 do-
gross
e-groes 39'58- W 192. 17
feet to a brass cap; thence
N00 degrees 38'51 ' W
13.17 feet to a brass cap;
thence S88 degrees 42'50-
W 131.20 feet to the Ncrtb-
west comer of a lease de-
scription from Hargis-Witt
to. Burban for a point of be-
ginning: thence along the
West line of said lease S03
degrees 36'30- E - 107.39
fast: thence S 89 degrees
59' 30' W 246.48 feet to
the East right of way of
West avenue; thence along
the Right-of-way N00 de-
grees 09'30" W 29.44 feet:
theme leaving the right of
way along a curve to the
right having a radius Of
603.80 feet through a cen-
tral angle of 01 degrees
37'56- an arc length of
187.20 feet to a point of
compound curve; thence ,
along a curve to the right
having a radius of 282.58 (
feat through a central angle -1� li Y �• f
of 38 degrees 42'24" an
are length of 190.90 feet to
a rebar pin; thence N88 de-
grass 42'50' E 51 .53 feet
to the point of beginning.
containing 21,185.97 square
feet, mop or less.