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HomeMy WebLinkAboutOrdinance 3608 �l FILED :`nL RECORD rr�� yyppyyr� gT ��yy iiTT�� ' 92 MHY `i AM 10, 4.9 QslA/ �L A1� ® 6&�li� F ORDINANCE NO . 3608 ; . : GN CO AR A . Y„ ;. LMEYER A ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN 1 APPROXIMATELY TWO ACRES , TRACT NO . 59 , OWNED -J BY MR , AND MRS , BUSTER CARLISLE , WHICH IS PART OF THE AIRPORT FEDERAL LAND ACQUISITION PROJECT AREA , 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 property needed for the airport federal land acquisition project , on the property described below : Y A ) Tract No . 59 , owned by Mr . and Mrs . Buster Carlisle , containing approximately two acres , as more fully set forth in the legal description attached hereto and Exhibit "A" . 'u Section 2 , The Board of Directors hereby determines that the immediate acquisition of the above-described property for the airport federal land acquisition project is necessary for runway approach and transitional area protection/obstruction removal and is essential for 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 21st day of April , 1992 . APPROVED : By : � �i� Mayor ATTEST, V By : i' . 67 ity �C'ler , n EXHIBIT "A" LEGAL DESCRIPTION TRACT NO . 59 : Part of the Southwest quarter ( SW4 ) of the Southwest quarter ( SW4 ) of Section Thirty-three ( 33 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West , described as follows : Beginning at a point on the center line of U . S . Highway No , 71 which is 125 feet South of the North line of said 40 -acre tract , and running thence South 2024 ' West with the center line of said Highway 125 feet ; thence West 675 feet to the East right of way line of the St , Louis and San Francisco Railroad ; thence Northeasterly with the East line of said right of way 127 feet ; thence East 700 feet to the point of beginning , containing two ( 2 ) acres , more or less , `9` 1211:2:-2 f C��CAvM of RECORD State of Arkansas SS C" of %y�ho wEv City Clerk and E:- 1, Sherry officio recorder for thethat We Fayettevilldo Of hereby certify rd In UV e,annexed or foregoing to of ears in omce and the same akpXx� at ordinaz>ce & Resolution boo and gage 3 3 Witness my seal s o7iyday of 19 Val Q _.-� I dre.✓-- o Clty Ct.r and gtA•nMnf) P.ocardEc Clrcu££ Cierk and �• ay CtAlfy That W3 In.. -d ;a, .ocord in ny offlou C. . -on and 6-o mmis awv cult/ h rc ackrowivdpement Cne -,on In .3acorc! Book and Car: J theroom I:` �. . • :'✓,::.COF, 1 hove heroaap Sal my •d pf£Izetd She seal of Wb Court on !: _'3ru indicated henlM Alma ::o: , :yx Circuit Clerk and &-offido Recorder b)y& — . STATE of ARKANSAS County a1 WasQhing�/t'o�/n I, a, ' +� - �� hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of _ five columns each, published at a fixed place of business and ata fixed (dally) ,. ORDINANCE NO. 3608 health, safetyand welfare intervals continuously in the City of Fayetteville, County of Washington, Arkansas AN ORDINANCE AUTHOR- shall be in full. force and of- for more than a period o1 twelve months, circulated and distributed from an IZING EMINENT DOMAIN fect from and, after its PtI established lace of business to subscribers anreaders dof all classes PROCEEDINGS FOR THE sage arid approval. p generally .CItiY':TO OBTAIN APPROXI- PASSED AND , AP - in the City and County for a definite price for each copy, Or a fixed price per tv11"A T„ELY TWO ACRES. PROVED tliI p st% •Uay of annum, which price was fixed at what is considered the value of the publication, ' TRACT NO. 59. OWNED April. 1992 +. OV tb1R. & MRS. BUSTER APPROVED:. based upon the news value and service value it contains, that at least fifty percent CARLISLE; WHICH .IS' PART B'% F.iea'5. VOrsanger' of the subscribers thereto have paid cash for their subscriptions to the newspaper OF THE .AIRPORT FED- Mayor or its agents or through recognized news dealers over a period of at least six . ERA4 LAND ACOUI$ITION - ,. " ATTEST: g g g RROJE�ET AREA. r By: Sherry Y. Thonnas months; and that the said newspaper publishes an average of more than forty ro BE IT, ORDAINED BY 1 City Clerk percent news matter. l THE BOARD ,OF DIREC- EXHIBIT "Al „TORS OF THE CITY OF LEGAL 'DESCRIPTION IF A Y E T T E V 1 L L E , I TRACT NO. 59: _ , I further certify that the legal notice hereto attached in the matter of _ ARKANSAS: I Part of the Southwest Section 1 . That the Quarter ISW 1/4) of the I oueartl of . reds til author- ; ; Southwest Ouartar (SW � rn/1 m/SO 660 V rites and tile the coy at- 1/4) of ISectioil Thirty-three t ) f ir{ 3' tLl/ I/LX/ ' foillay ville of the City of Fayat- 133). Township Sixteen 116) ' ieville. Arkansas i� initiate ' North. Range Thirty (30) iegal action, in order to of)- west, pesctrbedtas follows: was published in the regular daily Issue of said newspaper for talo piupa ty needed Wr the Beginning . at a pont on the consecutive Insertions as follows: . a- purt federal .land acyuisi- Center line of U 'S Highway 11 - / t•• - I— Q I tion project. on the property N° 71 'which s 125 feet 1—d day o1 J LSdb� 19 / Scott, of the. North line or The [list Insertion on the UU described Trtl below: said 40 acre,tract antl run- Al Trac[ No. 59. owned ning thence- South '2' 24' 19 by Mr. and Mrs. Buster West with. tpe comer line the second insertion on the " .day of Carlisle, containing approxi- , of said FJighway X125 teat; ... mately two eves. as more thence West 675 feet to tolls set forth in the legal _ I the third Insertion on the day of 19 description attached hereto the East-right of way line ' �+ arrd Exhibit "A". of the . 91. Louis aSan r Section ',2. The Board of ;Francisco Railroad: th l I and the fourth insertion on the day. of 19 Di ectors hereby dater- i _ .4 Northeasterly .with- the -East mines that .,the Immediate line of said right of ' way acgtiisilion of the above- _ describath property for the 127 feet; thence East 700 / airport federal land acoue feet to the point ofbegin- I sworn to and subscribed before - a On this —R/— day of not' project is necessary for ning containing . two 121 runway approach and trans= ' acres, more or less.'1 tonal area protection/ 9 _ obshuction removal antl is essential for lite public health, safety and welfare. - - Therefore, an emergency is - NO y Public hereby declared to exist ) - iand this ordinance being necessary for the public My Commission Expires: Fees for Printing _ S Cost of Proof —. 5 Totai _ RECEIVE ® MAY 1 3 1992 FINANCE DEPT.