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Home My WebLink AboutOrdinance 3610 ORDINANCE NO , 3610 MICROFILMED AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDING FOR THE CITY TO OBTAIN A TEN ( 10 ) FOOT DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON PROPERTY OWNED BY C . T . AND WYMA PEARSON LOCATED ON DICKSON STREET . 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 temporary and permanent drainage easements on the property described below : A ) Property located on Dickson Street owned by C . T . and Wyma Pearson 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 easement by eminent domain proceedings is necessary for the City to provide efficient drainage services and that the provision of efficient drainage services is 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 . PASSED AND APPROVED this 5th day of May , 1992 . APPROVED : By : .�/�� Mayo ATTEST : By : i '2Ci66, EXHIBIT "A" PERMAMENT EASEMENT DESCRIPTION : A ten ( 10 ) foot drainage easement described as being five feet either side of a centerline described as follows : A part of Lot 8 and Lot 11 , Block 6 , County Court Addition to the City of Fayetteville , Arkansas , and described as commencing at a railroad spike which is S 00014147 " E 15 . 02 feet from the Northeast corner of the above referenced Lot 8 , thence S 8939158 " W 192 . 17 feet , thence S 4030118 " W 8 . 22 feet , thence S 0008126 " E 79 . 75 feet , thence S 30058150 " E 12 . 37 feet , thence S 890 5013011 W 28 . 00 feet to a point on the North property line , said point being the Point of Beginnng of the centerline of the easement herein conveyed , said centerline running thence S 40009130 " E to a point of the east property line . TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION : A temporary construction easement of equal and uniform width described as being ten feet either side of the above described permanent easement . This Temporary Construction Easement shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville , Arkansas . ; : , {. C R'CATE ()F RECORD ste.e oa A,rIWn Is Chy of Fay t lie SS I, She �O�b City Cleric and Ex, Fa etto recorder for the Ciey of Fayetteville, do hereby certify that the aaaeaad or totr Ing Is Of record in oCe and pr einauce� & R�l��a. appears in g ihI— " -- Wit oeokv at sea __day Hasa �mn and of Cit o • ,�. 1 Cie ad •� c�_.�,r._ Recoruxr STATE of ARKANSAS es. County of Washington (� I, x ? 1✓• / /v 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 at a fixed (daily) Intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes ORDINANCE NO. 3610 and described as comment- in the City and County for a definite price for each copy, or a fixed price per AN ORDINANCE AUTHOR- ing at a railroad spike which annum, which price was fixed at what is considered the value of the publication, RING EMINENT DOMAIN is S t a rai47" E 1 spike fiat PROCEEDING FOR ` THE from "'the Northeast corner based upon thenews valueand service value it contains, thatat least fifty percent CITY TO OBTAIN A TEN of the above referenced Lot of the subscribers thereto have paid cash for their subscriptions to the newspaper ( 10) FOOT DRAINAGE 1 thence a 89thenc" W or its agents or through recognized news dealers over a EASEMENT AND A TEM- 192. 17 feet, thence S g g period o1 at least six PORARY CONSTRUCTION 40"30'16'^ W 8.22 feet, months; and that the said newspaper publishes an average of more than forty EASEMENT ON PROPERTY thence S. p0i08'26" E 79.75 , percent news matter. OWNED BY C .T. AND feet,, thence"S 30(4'58'50" E WYMA PEARSON LO. 12 .37 f'e'et, f4rlce S SATED ON DICKSON 89650'30- Won- 213100 feet to STREET. a pointtonprop- l I further certify that the legal notice hereto attached in the matter of the North Prop- 6E IT ORDAINED BY C- any line said point being _ THE BOF T OF TY OF the point of of the eof - TORS OF THE CITY OFA the centerline of the ease- F A Y E T T E V I L L E , matt herein conveyed, said 1! ARKANSAS centerline running, thence S 1 Section 1 . That thea 40"09'30" E to a point of w85 published In the regular daily issue of said newspaper / Board of Directors author- the east property line. P g p per for izes and directs the city at- TEMPORARY CONSTRUC- Consecutive insertions as follows: torney of the City.of Fayet- TION EASEMENT teville. Arkanpas to initiate DESCRIPTION: legal action iAA order to ob. A temporary construction The first insertion On the day Of 19 twin temporary and perma- easement of equal and uni. nent tlreinage easomems form widfhh 0 scribalas ell the second insertion On the day Of 19 on' . the . property described ing ten feet . either side of) below: the above descrjbed perma- i A) Property located on nent easement. This Tem- the third insertion on the day of 19 Dickson Street owned by porary Construction Ease- C.T. and Wyma Pearson as ment shall terminate- wn more fully set forth. in the the hereinabove reference19' and the fourth insertion on the _ f legal description attached Project has been completed hereto as Exhibit "A', and accepted by the City of Section 2. The Board of Fayetteville. Arkansas. ZE Directors hereby Qeter- -. _ mines that me immediate Sworn to and subscribed before me on this day of described acquisition a the above- easement by eminent domain proceed- ings the q Cityis necessary for the I City provideefficient drainage services and that the provision of efficient N tar Public drainage services is asserty . tial to the public health,. safety and welfare. Thera- My Commission Fx ires: There- fore, an emergency is p hereby declared to exist O / -0I and roar ordinance ce D public health. necessary for the public ' health. safety and welfare shall be in full force and its ef- fect from and after its passage. PASSED AND AP - PROVED this 5th day of - _ Fees for Printing — S May. 1992. , APPROVED: � By: Fred S. Vorsanger Cost Of Prmf _- s ATTEST: Mayor i 40 /a5 By: Sherry L. Thomas COtal S . City Clerk 1 EXHIBIT 'A' PERMANENT EASEMENT ' DESCRIPTION: 1p ja U (G u• i 9p U easement (10) foot drainage ., f� Y Y easement tlescribed as be- ing five fent either a of a los:centerlinedescribed as fel- MAY 2 6 1992 lows: A part of Lot 8 and Lot 11 , Block 6, County Court Additions. to a `' FINANCE DEPT. of Fayetteville, Arkansas.