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Home My WebLink AboutOrdinance 3633 FILED FCR RECORD 092 AUG 14 W10 55 WASHINGTON CO AR ORDINANCE NO . ':613 A . KOLLMEYER AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN b APPROXIMATELY 2 . 15 ACRES , TRACTS 75 , 76 , 77 , t=4 OWNED BY MR . AND MRS . MELVIN FRANCIS , 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 : A A ) Tracts No , 75 , 76 and 77 , containing approximately 2 . 15 acres , owned by Mr . and Mrs . Melvin Francis , 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 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 it ' s passage and approval . PASSED AND APPROVED this 4th day of August 1992 , APPROVED : By : Mayo ATTEST : "• Byy� City . Cle& 92 41406 I , . CERTW KATE OF RECOR9 State of Arlhansas SS C.lty of Taya!teville L, sherry thojnaa, City Clerk and Ex- L4 recorder for the City of Esy�ttevt!le, do hereby certify that the annexed or foregoing is of record in my o `ftce and the same appears In i^at•dinence & Resolution book XX Witnlu 'less my �n� and rgga 02 s qday of C" Nm s a-O(('fcio (tewcder th EXHIBIT "A" A part of the Southwest Quarter of the Southwest Quarter of Section 33 in Township 16 North of Range 30 West , described as follows : Beginning at a point which is 505 . 9 feet North of the South line of said 40 acre tract , and running thence East 127 feet to a point on the West line of U . S . Highway Number 71 ; said point being Northeast corner of a tract of land heretofore conveyed to Ben Thomas and wife ; thence North running with the West line of said Highway , 120 feet ; thence West 66 feet ; thence in a Southwest direction 62 feet more or less to a point which is 83 feet due North of the point of beginning , and thence South 83 feet to the place of beginning , said being more particularly described as follows , to-wit : Beginning at the Southwest corner of Section 33 , Township 16 North , Range 30 West , and running thence East 883 . 88 feet , thence North 297 . 18 feet , thence North 3 ° 12151 " East 130 . 14 feet , thence North 8908118 " E 162 . 2 feet , thence North 100 feet , thence North 8908 ' 18 " East 22 feet , for the point of beginning of the property herein conveyed , thence continuing North 89008118 " East 130 . 89 feet to the West Right-of-way line of U . S . Highway No . 71 , thence North 1032135 " East 120 feet , thence South 89 ` 08118 " West 66 feet , thence South 60 ` 53118 " West 66 feet , thence South 60053113 " West 77 . 96 feet to a point which is 83 feet due north of the point of beginning , thence South 83 feet to the point of beginning . 92 41407 ORDINANCE NO. 1633 - -- STATEofARKANSAS 1 AN ORDINANCE AUTHOR- too feet, thence NorthJy ss. IZING EMINENT DOMAIN 89.8.18" East 22 feet, for PROCEEDINGS FOR THE the point of beginning of County cl Washington CITY.rTO OBTAIN APPROXI- the property herein con- MATELY 2 . 15 ACRES. °eyed, thence continuing TRACTS 75 . 76 . 77 , North eet to t3 " East \ . � SI �"/lC/o/� herebycert' that 130.89 feat to the Wast I, l JJJ l i , OWNED ' BY MR. & MRS. MELVIN FRANCIS. WHICH Right-of-way line of U.S. am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper IS PART OF THE AIRPORT Highway - No. 7E thence ' FEDERAL LAND ACOUI51- North 1 '32'35" East 12e having a second class mailing privilege, and being not less than foto pages of five TION PROJECT AREA. feet , thence South columns each, published at a feed place of business and at a feed (daily) intervals BE IT ORDAINED BY thence te" west 66, teat, continuous[ in the Ci of Fayetteville, Com of Washin mn, Arkansas for more . THE BOARD OF DIREC- theses South 80.53' 18" Y City Y tY Washing um, oR THE cm of Wast 66 feet, the South than a period of twelve months, oculated and distributed from an established place 60.53'13"- West 77:98 feat I p, A, v E T T E V I � LIE , of business to subscribers and readers generally of all classes N the City and County ARKANSAS: to a point which it feat Section 1 . That the dt,a north of the' point m for a definite price for each copy, or a fixed price per annum, which price was fixed Board of Directors author- beginning, thence South B:: at what is considered the value of the publication, based upon the news value and ser- ines and directs the city at- feet to the point of torney. of the City of Fayet- beginning. vice value it contains, that az least fifty percent of the subscribers thereto have paid teville, Arkansas to mieate _ _ - cash for their subscriptions to the newspaper or its agents or through recognized news legal action in order to ob- dealers over a period of a least six months; and that the said newspaper publishes an tarn property needed for cq the average of more than forty percent news matter. airport project. o land property tion project. to the property described below: AI Tracts No. 75, 76 and I further certify that the legal notice hereto attached in the matter of 77, containing approxi- mately pproxi- 2.15 acres. owned by Mr. ra & Mrs. Melvin Faun- cis. Mc i cis. as more fully set form , I in the legal description at- was published in the regular daily issue of said newspaper for tached hereto as Exhibit "A" consecutive insertions as follows: Section 2. The Board of Di rectors hereby determines The first insertion on the J$_ day of (LADIAAA 19 that the immediate amineF U tion of the above described , property for the Airport the second insertion on the day of 19 Federal Land Acquisition I Project is necessary for run- way approach and transi- the third insertion on the day of 19 tional area protection/ obstruction removal and is essential for the public and the fourth insertion on the day of 19 health, safety and welfare. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public Publishe / General Manager health, safety and welfare shall be in full force and of- , fact from and after Its pas- sago and approval. Sworn to and subscribed before me on this / 38 da of PASSED AND AP - Y PROVED this 4th day of August. 1992. APPROVED: .(�1 Old 19 By: Fred S. Vorsanger ATTEST: By: Sherry L. Thomas City Clerk EXHIBIT 'A' Notary Public A pert Of the Southwest Quarter of Section 33 in Township 16 North of Range 30 . West. described My Commission Expires: as follows: Beginning at e point which is 505.9 feet '? -0 / � _D / _ O / 'Orth of the South line of said 40 acre tract. and run- ning thence East 127 feet to a point on the West line of U:'S. Highway Number 71 : said point being t I2jO _OV east Cosner of a traccOf t of Fees for Printing $ land heretofore conveyed Banc Thomas and wife; thence running with Cost of Proof $ the Wastt line of said High- ///111 way. et: feet: thence West 1 ,total $ e 66 feet: thence in a Sounh west direction a fit Leet more or lass to a point which 'i r 83 feat data North of the point of beginning, and thence South 83 feet to the place of beginning. and bo- ; scr more particularly tle- ' scribed as follows, to-wit: ' Beginning at the Southwest ' corner of Section. 33. Town- ship 16 North, Range 30 West, and running thence l East 883.88 feet. thence , North 297.10 feet, thence North 3.12'51 " East 130.14 ' feet. thence North 89'8'18" E 162.2 feet, thence Northi