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Home My WebLink AboutOrdinance 3621 w FILED FOR RECORD 92 JUL 17 AM1 a g6 ORDINANCE NO . '1621 WASHINGTON CO AR A . KOLLMEYER b AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN A WATER LINE EASEMENT ON TRACT # 149 OF THE 36 " WATER TRANSMISSION LINE PROJECT , LOCATED ON THE SOUTH SIDE OF EMMA AVE . AT MONITOR RD . , �] SPRINGDALE , ARKANSAS , OWNED BY MAY BURK , 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 water line easement on the property described below : A ) Property located on the South side of Emma Ave , at Monitor Rd . , Springdale , Arkansas owned by May Burk , as more fully set forth in X the legal description attached hereto as E4 Exhibit "A" . V Section 2 . That Board of Directors hereby determines that U the immediate acquisition of the above-described easement by J eminent domain proceedings is necessary for the City to provide efficient water services and that the provision of efficient water service is essential to the public health , safety and welfare . Therefore , an emergency is hereby declared to exist and this LL 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 7th day of July , 1992 . APPROVED : By may ok ATTEST : By : �rlE City C rk 92 3621 v • CE�3n �;zXATL OF RECORD Cfgi.a ,gyp �•_a �r CPerk and Fz_ the C;t9 of n2r „� d'� legit lyy cert'( that Pcrz;aing i:, of re tine cord le', rry C• ¢<,o ry^ „CC �'[ �iE^IIIEBt Glf a earszi = eS Eli,Y fi.7lY uBid ti Exhibit "A" Property Description : Part of the SE'k of the SE'k of Section 31 , Township 18 North , Range 29 West of Washington County , Arkansas , as described in Deed Book 526 at Page 154 of the records of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . Permanent Easement : A permanent easement described as follows : Begin at the concrete monument which marks the southeast corner of Section 31 , Township 18 North , Range 29 West , thence North 00 ' 14 ' West along the East line of said Section 31 1262 . 8 feet , more or less , to the South right of way line of Arkansas Highway 68-B ( East Emma Avenue ) and the Point of Beginning of this permanent easement description and run thence West along said South right of way line 59 feet , thence South 490 25 ' East 77 . 96 feet to said East line of Section 31 , thence North 00 ' 14 ' West along said East line 50 . 72 feet to the Point of Beginning . This permanent easement contains 0 . 03 acres , more or less . 92 3621,4 � � / * `�®�J � .� 3 \ » �7 ��/ � �� Z `� z • � � : �/ � � �. : �� /� � � 2 / yt« f - �� /��:»� � � < ® ® 77 �� $�� : ��7 4 � STATE of ARKANSAS 1 County of Washington j.� y- � ,..� I, S� • ,�Q . S 1 C)1--1 cm, 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 feed (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 in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed after its De99age end at what is considered the value of the publication, based upon the news value and ser- approval. PASSED AND AP . vice value it contains, that at least fifty percent of the subscribers thereto have paid PROVED this 7th day of cash for their subscriptions to the newspaper or its agents or through recognized news ORDINANCE NO. 3621 July, 1882. dealers over a period of a least six months; and that the said news APPROVED: Per paper publishes an AN ORDINANCE AUTHOR- IZING EMINENT DOMAIN By Fred S. Vonenger average of more than forty percent news matter. PROCEEDINGS FOR THE Mayor CITY TO OBTAIN A WATER ATTEST' LINE EASEMENT ON By: Sherry L. Thomas I further certify that the legal notice hereto attached in the matter of TRACT #149 OF THE 36' Cay Clerk WATER TRANSMISSION Exhibit 'A' MAI) l, Npy # �!I/ / LINE PROJECT, LOCATED Property Description: CJ A it ) DA / �pj X ON THE SOUTH SIDE = OF Part of the SE 1/4 of the EMMA AVE. AT MONITOR SE 1 /4 of Section 31 , / RD.. SPRINGDALE. ARKAN- Township 18 North. Range was published in the regular daily issue of said newspaper for SAS. OWNED BY MAY 29 West. of Washington consecutive insertions as follows: BURK. County, Arkansas, as de- BE IT ORDAINED BY scribed in Deed Book 526 r7 THE BOARD OF DIREC. at Page 154 of the records The first insertion on the day of 19 TORS OF THE CITY OF of the Circuit Clerk and Ex- FAY, ETTEVILLE , Officio Recorder of the second insertion on the da of 19 ARKANSAS: Washington County . Y Section 1 . That the Arkansas. Board of Directors author- Permanent Easement: i:es and directs the city at- A permanent, easement de- the third insertion on the day of 19 tomey of the City of Fayet- scribed as, follows: Begin at teville. Arkansas to initiate the concrete monument and the fourth insertion on the da of 19 legal action in order to ob- which marks the southeast Y lain a water line easement comer of Section 31 , Town- on the property described ship 18 North, Range 29 below: West, thence North 00' 14' AI Property located on the Westalong the East line of South side of Emma Ave, said Section 31 1262.8 feat. Publisher / General Manager at Monitor Rd., Springdale. more or less.,to the South Arkansas owned by - May right of way . line of Arkan- Burk, as more fully set sas Highway 68-B (East forth in the legal description Emma Avenue) and the Sworn to and subscribed before me on this da of j attached hereto as Exhibit Point of Beginning of this Y 1 "Am. permanent easement de- Section 2. That the scription and run thence 19g� Board of Directors hereby West along said South right dotermines that the imme- of way line 59 feet, thence plate acquisition of the South 49' 25' East 77.96 above-described easement feet to said East line of by eminent domain pro- Section 31 , thence North ceedings is necessary for 00' 14' Wast along said Public the City to provide efficient East line 50.72 feet to the water services and that the Pont of Beginning. This provision of efficient water permanent easement con- service is essential to the tains 0.03 acres, more or My Commission Expires: public health, safety and less. welfare. Therefore. an 1 I — 0 1 —o /emergency is hereby dec- ' I lared to exist and this ordi- nance being necessary for the public health, safety and welfare shall be in full 9g force and effect from and Fees for Printing $ Cost of Proof $ RE Vv GI. Y GV Total $ 02 � JUL 2 8 1992 FINANCE DEP-Ta