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Home My WebLink AboutOrdinance 3602 FILED FOR RECORD *92 nRR 5 PPI 2 , 36 WASHINGTON CO AR A . KOLLh1EYER .A, C-KOFYLMED ORDINANCE NO . 3602 V11 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN 30 FOOT PERMANENT UTILITY EASEMENT CONTAINING APPROXIMATELY 1 . 40 ACRES AND A 50 FOOT TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 2 . 30 ACRES ON PROPERTY LOCATED AT 3675 WEST 6TH STREET OWNED BY TED AND LELA WILLIAMS FOR ENGINEERING AND CONSTRUCTION OF A 36 " WATER LINE . 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 permanent utility easement and a temporary construction easement on the property described below : A ) Property located at 3675 West 6th Street , owned by 'Ted and Lela Williams , as more fully set forth in the legal description attached hereto as Exhibit "A" . PASSED AND APPROVED this 3rd day of March 1992 . APPROVED: By : �/� '� Mayor ATTEST" i By rk 92 ° �.4 EXHIBIT "A" Legal Description Property Description : The Northeast quarter of the Northwest quarter , and thirteen and twenty-eight hundredths ( 13 . 28 ) acres of equal width off of the east side of the Northwest fractional quarter of the Northwest fractional quarter of Section 30 , in Township Sixteen ( 16 ) North , of Range 30 West , containing 53 . 28 acres , more or less . Permanent Easement : A 30 foot permanent easement located in the NE4 of the NW4 of Section 30 , T- 16 -N , R- 30-W , the centerline of said easement being described as beginning at a point West - 15 . 00 feet from the NE corner of said NE4 , thence along said centerline S 2 ` 34118 " W and running parallel with the East line of said NE4 a distance of 230 . 70 feet ; thence S 63002108 " W along said centerline and running 20 feet South and parallel with an existing power line a distance of 1400 . 00 feet ; thence along said centerline S 2034 ' 18 " W a distance of 415 . 00 feet to the South line of the NE4 of the NW4 of said Section 30 and the end of said easement , containing 1 . 40 acres more or less . Temporary Construction Easement : Also , a temporary construction easement 50 feet in width being parallel to and contiguous with the above described permanent utility easement and situated on the West and North sides thereof . The temporary construction esaement contains 2 . 30 acres , more or less , and shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville . - � L `. a ."• :f it� � .''~ + . .e i ., _ .t . . 92 9 671 CEit'Y`MCATE OF RECORD Stat! Of Ari�nseB I, Alma Kollmeyer, circuit perk and Stolle Of Fayetteville � `SS Exofficio Recorder for Washington County, City Shirr �h0 Arkansas, do hereby certify that this in- Sherry Thomas, City Clerk and Ex- strument was filed for record in my office Mclo recorder for the City Of m indicated hereon and the same is now Fayettevilles do hereby certify that the duly recorded with the acknowledgement annexed or foregoing is of record in my and certificate thereon in Record Book and office and the same appears in ®rdiDaIIC@ & Resolution KOOK ",, , , , , at Page as indicated thereon. page /a / Witness my Ihan�a and IN WITN:SS WHEREOF, I hove hereunto Seal qday of 2dj. set my hand and affixed the tool of sold n Lours on the data i�dicold henor� d�Y� Alma Kollmeyer City Clem and Ez-Offlclo Recorde;7 Circuit Clerk and Ex-officio Resor r a ORDINANCE NO. ;3602 AN ORDINANCE AUTHOR- IZING .'EMINENT . DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN 30 FOOT PERMANENT UTILITY STATE of ARKANSAS EASEMENT CONTAINING APPROXIMATELY 1 .40 08. ACRES AND A 50 FOOT TEMPORARY CONSTRUC- County of Washington TION EASEMENT, CON- TAINING ES APPROXIMATELY � ` i�l/G(M/ 2.30 ACRES ON PROP- I hereby certify that I WE LOCATED AT EEE wEsr 6TH STREET - am thepublisher of THE NORTHWEST ARKANSAS TIMES, adally newspaper OWNED BY TED AND having a second class mailing privilege, and being not less than four pages of LELA WILLIAMS FOR EN- GINEERING AND CON- , five columns each, published at a fixed place of business and at a fixed (dally) ISTRUCTION OF A 36". WA- I Intervals continuously in the City of Fayetteville. County of Washington, Arkansas ITER LINE. IBE R ORDAINED BY THE an 8 for more than period of twelve months, circulated and distributed from an I BOARD OF DIRECTORS 1 established place of business to subscribers and readers generally of all classes IOF THE CrrV OF FAYET- ' In the City and County for a definite price for each copy, or a fixed price per I TEVILIE. ARKANSAS: Section 1 . That the annum, which price was fixed at what Is considered the value of the publication, Board of Directors author- based upon the news value and service value It contains, that at least fifty percent oars and directs the Fayet- of the subscribers thereto have aid cash for their subscriptions to the newspaper . torney of the City of Favet- P P tavale. Arkansas to initiate or Its agents or through recognized news dealers over a period of at least six legal action in order to ob- months; and that the said newspaper publishes an average of more than forty tain a permanent utility easement and a temporary percent news matter. construction easement on the property described below: I further certify that the legal notice hereto attached in the matter of AI Property lat 1 West 6th Street, owned ownetl W Tad Wil- LJ(� foams, as morare fully set I - jforth in the lapel description attached hereto as Exhibit ` was published In the regular daily issue of said newspaper for r -A-. 'PASSED AND APPROVED consecutive Insertions as follows: this 3rd day of March, � IC 1992. _1L(�I�' APPROVED The first Insertion on the day of 19 _ By: Fred S. Vorsanger ATTEST: Mayor the second Insertion on the day of 19 By: Sherry Thomas Cory Clerk EXHIBIT 'A' the third Insertion on the day of 19 LEGAL DESCRIPTION Property Description: and the fourth insertion on theday of 19 The Northeast Quarter Of the Northwest Quarter• and thirteen and twenty- eight hundredths 113.281 acres of equal width off of the east side of the S nand and subscribed before me on this day of Northwest fractional quer- n ter of the Northwest frao- 9 Honai quarter of Section i - 30, in Township Sbrtern (16) North, of Range 30 West, containing 53.28 aeras, mom or less. I , O ary Pu IC Permanent Easement A30 foot. permanent ' easement located in the My Commissinoo�n� Fxpires: INE ISect/ioo 30.the NT- 16` of N , R-30-11111, the centerline of Bald easement being de- , Iscribed as beginning st a I ' ,point West 16>00 - feat from the NE corner of said co 1/4, thanes along , said NE 1/4, t S 234'18' I W and running parallel Fees lot' Printing _ S with the East line Of said ' NE 1 /4 a distance Of Cost of Proof '—. S •1• 230.70 feet: thence S 63'02'08" W along said 2 canteHine and running 20Total J ' feet South and parallel - with an existing power • . line a• distence of 1400.00 - feet; thence alongsaid Also, a temporary con- cesmorline 5. 2'34'18' W a struction easement 60 - distance of•. 416.00 feet to feet In width being Fare- - the South line of the °NE , Iql to and contiguous , Se of the and' tNWA4 e d of with the above described -� '� V C.0 Y „ J Section 30 end the end of permanent utility ease- V said easement, dor less. merit and situated on the 1,40 acres mom or less. I West '-end North aides (1 Q Temporary Construction thereof. The '-temporary MAR ase . � V 1996 Ement: construction easement contains 2.30 acres, Moro or less. and he :tarmi- FINANCE DEPT nate when the heroject have ren completed project hes been eomPleted and accepted by the City Of Favet vlllo.