HomeMy WebLinkAboutOrdinance 3622 FILED FC ,4 RECORD '92 JUL 1 / H/1 8 sfi ORDINANCE NO , 3622 WAS K �' G7pH CO AR LLMEYER AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN A WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON TRACT ,# 178 OF THE 36 " WATER TRANSMISSION LINE PROJECT , LOCATED AT ALBRIGHT AND GEORGE ANDERSON RDS . , SPRINGDALE , ARKANSAS , OWNED BY JOHN AND SHARON FAUBUS , 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 and temporary construction easement on the property described below : A ) Property located at Albright and George Anderson Rds . , Springdale , Arkansas owned by John N . and Sharon K . Faubus , as more fully x set forth in the legal description attached hereto as Exhibit "A" . u Section 2 . That the Board of Directors hereby determines that the immediate acquisition of the above-described easements 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 : / ��F \ By ; Mayo ATTEST : By . A, City CLbrk 92 36209 � -� . . . Cra &macRCCORD e \ 99d � \o-v72rf ed the G@ of / a %% g • d& ! j;; 1),recc a . Z.44 \ ©��urn \ ƒ7,r % \\ K6 m _ ± % \ &! 4 ! b _d �s � » 2 � « �,�w� v KK- � \ j� Exhibit "A" Property Description : Part of the SE; of the NEh of the SEk , Section 18 , Township 17 North , Range 29 West of Washington County , Arkansas , as described in Deed Book 639 at Page 238 of the records of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas , Permanent Easement : A permanent easement 30 feet in width , being 15 feet on both sides of the centerline of the water line constructed and referred to herein , said centerline being further described as follows : Begin at a point on the north line of the above described property , said point being located west along said north line 30 feet from the northeast corner of the SEk of the NEh of the SEk of Section 18 , Township 17 North , Range 29 West and run thence southerly 644 . 3 feet , more or less , to a point on the south line of said SEh of the NEk of the SEk of Section 18 , said point being located west along said south line 33 . 4 feet from the southeast corner of said SE; of the NEh of the SE'h of section 18 . This permanent easement contains 0 . 45 acres , more or less . Temporary Easement : A temporary easement of 50 feet equal and uniform width , the East line of said temporary easement shall be coincident with the West line of the 30 foot wide permanent easement granted and conveyed herein . This temporary easement contains 0 . 76 acres , more or less , and shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville . 92 3620 00 r. rd'joi.p f= va _p • y n. dL% c P4� `too do 2a vi LETH9 CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Kevin Crosson, Public Works Director Sherry Thomas, City Clerk Jerry Rose, City Attorney THRU : Donald R. Bunn, City Engineer FROM : Jim Petty, Land Agent �p DATE: July 10, 1992 SUBJECT: 36' Water Transmission Line Project-North John N . Faubus and Sharon K. Faubus Tract # 178 Settlement A settlement has been reached, and easement executed, on the subject property for construction and maintenance of the subject water transmission line. On July 7, 1992, the City Board of Directors passed Ordinance No.92-3622 therein authorizing the Mayor and City Clerk to execute documents as required to begin condemnation proceedings. Since a settlement has been reached, no further action should be taken nor will be necessary against the owners of this particular tract of land. _ STATEofARKANSAS ORDINANCE NO. 3622 thence Southerly 644.3 feet, ss. AN ORDINANCE AUTHOR- more or less, to a point ON IZING EMINENT DOMAIN the south line of said SE'' County of Washington PROCEEDINGS FOR THE 1/4 of the NE 1/4 Of the SES CITY TO OBTAIN A WATER 1 /4 of Section 18. said LINE EASEMENT AND point being located west /1 TEMPORARY CONSTRUC- ' along said south line 33.4. I n D .CL/ hereby certify that I TION EASEMENT ON feet from the southeast; TRACT #178 . OF THE 36- corner of said SE 1/4 of that am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper WATER TRANSMISSION � NE 1/4 of the SE 1/4 Of•. having a second class mailing privilege, and being not less than four pages of five LINE PROJECT, LOCATED Section 1„Tnis permanent. columns each, published at a faced place of business and at a feed (daily) intervals AT A L B R I G H T AND easement contains 0.46 GEORGE ANDERSON + acres, more less. continuously in the City of Fayetteville, County of Washington, Arkansas for more RDS.. $PRINGDALE, ARK--; Temporary Easement: ement than a period Of twelve months, circulated and distributed from an established place ANSAS OWNED BY, JOHN IN A temporary easement of of business to subscribers and readers generally of all classes in the City and County AND SHARON FAUBUS. 50 feat equal and uniform BE IT ORDAINED BY width, the East line of said for a definite price for each copy, or a fixed price per annum, which price was fixed THE BOARD OF DIREC- temporary easement shall at what is considered the value of the publication, based upon the news value and ser- TORS OF THE CITY OF ' be coincident with the - .West line Of the 30 foot vice value it contains, that at least fifty percent of the subscribers thereto have paid Y E TT E V I L L-e . wide permanent easement I cash for their subscriptions to the newspaper or its agents or through recognized news ! ARKANSAS: ARKANSAS' ranted and conveyed ne- dealers over a period of a least six months; and that the said newspaper publishes an Ip,�Saetlon 7 . That .[he 9 _ ._, Bpard of Directors author- rein. This temporary ease- average of more than forty percent news matter. iiies and directs the city at- ment contains 0.76 acres. torney of the City Of Fayet- more or less. and shall "wr- teville. Arkansas to initiate urinate when the hereina- I further certify that the legal notice hereto attached in the matter of legal action in order to Orr have referenced project has rein a water line easement been completed and ac- and temporary construction copied by the City of l /L.IA IA.CA 1 , t lea9ement on the property Fayetteville. A) property located at AI-below: was published in the regular daily issue of said newspaper for described ' .. bright and George Anderson consecutive insertions as follows: Rds.. Springdale, Arkansas owned by John N. and Sha- ron K. Faubus. as more The first insertion on the �[_ day of 19 fully set forth in the legal description attached hereto as (Exhibit "A• '. the second insertion on the day of 19 I Section 2. That the r Board of Directors hereby determines that the imme- the third insertion on the day of 19 dhis acquisition of -the above-described easements by eminent domain Pro- and the fourth insertion on the day of 19 ceetlings 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 bl' er / General Manager welfare. The ref ore. .:an emergency is hereby dec- N'1 fared to exist and this ordi- R'nance being necessary for Sworn to and subscribed before me on this J day of the public health, safety (� f antl welfare shall be in full 1 , 19 `�1 ] force and effect from and —lQ after its passage and .approval. r PASSED AND AP= PROVED this 7th dayof JW. 1992. azy APPROVED: NO[ Public I By Fred S. Vorsan9er Mayor ATTEST: M Commission Expires: By: Sherry L. Thomas y P City Clerk Exhibit 'A' Property Description: I Part of the SE 1/4 of the NE 1/4 of the SE 1/4. Stic- tion eo-tion 18. Township 17 North, '1 Range 29 West of // c 'hG Washington County. Arkan- Fees for Printing $ LA • sea. as described in Deet! I Book 639 at Page 238 of the records of the Circuit Cost of Proof $ !, Clerk and Ex-Officlo ReCOr- Q t3v der of Wennington County, Total $ / (J I' Arkansas. Permanent ntEasement:sm { 30 f permanent beasement ing 15 et feet in width, being 15 feat RECEIVED on both sides t the center- line to the weter line con- rein, etl and referral to he- being rein, said centerline being JUL6 1992 further Begin at a of fol- I2 lows: Begin et fa point the north line of the above described property, said FiNpNCE DEV''. point being located west along said north Zine 30 feet from the northeastNE nor of the SE 1/4 of the NE 1/4 of the 1/4 of Sec- tion 18, Township 17 North, Range 29 West and run