Loading...
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.