HomeMy WebLinkAboutOrdinance 3635 FILED I C '; RECORD
ORDINANCE NO , 36 "15 092 AUG 14 Mn 1155
WASHIN ITON CO AR
AN ORDINANCE AUTHORIZING EMINENt KODOM6TUR H
PROCEEDINGS FOR THE CITY TO OBTAIN STREET
RIGHT-OF-WAY , UTILITIES , SIDEWALK EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS ON O
PROPERTY LOCATED ALONG NORTH STREET , TRACTS pi
12 , 12E1 , and 12E2 OWNED BY DAVID S . RANDLE
AND JEANE W . RANDLE , GLACIER PARK CO . , INC . ,
AND BURLINGTON NORTHERN RAILROAD ,
M
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF d
FAYETTEVIIJ, 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 street , utilities ,
sidewalk easements and temporary construction easements on the
property described below :
A ) Property located on North Street , owned by David S .
Randle and Jeane W . Randle , Glacier Park Co . , Inc . , and
Burlington Northern Railroad , 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 street right-of-
way , utilities , sidewalk and temporary construction easements by
eminent domain proceedings are necessary for transportation service
and efficient utilities services and are 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 and approval .
PASSED AND APPROVED this 4th day of August 1992 .
APPROVED :
too
Mayor
T .
A'ITFpST : r
itp
Bjti t
92 41410
CERTIFICATE OF RECORD
State of Arbansas SS
City of Faygttevilte
i , 4 herry Thewitag, City Clerk and Ex•
Orricto recorder for the City of
'1IN ettevilte, do hereby certify that the
s:::inad or foregoing is of record in MY
order and the same appears in
n
(3edlaance @ Resolution book tia�aotid
a e
Witness my
e.ol t . s day of --„
C!cvCSV.z a �PIYci e'�
EXHIBIT "A"
Tract No . 12
Part of the Northeast Quarter of the Southwest Quarter of
Section 9 , Township 16 North , Range 30 West , Washington
County , Arkansas , more particularly described as follows :
Starting at the Southeast Corner of the ' Southeast Quarter
of the Northwest Quarter of Section 9 ; thence North
89 " 44100 " West along the South line thereof a distance of
443 . 38 feet to a point on the existing Easterly railroad
right of way line of the Burlington Northern Railroad ;
thence in a Southwesterly direction along said existing
railroad right of way line on a curve to the left having
a radius of 3337 . 75 feet a distance of 30 . 00 feet to a
point on the existing Southerly right of way line of
North Street ; thence North 89044100 " West along said
existing right of way line a distance of 210 . 00 feet to
a point for the point of beginning ; thence in a
Southwesterly direction on a curve to the left having a
radius of 3547 . 75 feet a distance of 26 . 0 feet to a point
on the proposed Southerly right of way line of said North
Street ; thence North 89049 ' 00 " West along said proposed
right of way line a distance of 40 . 00 feet to a point on
the existing Southerly right of way line of North Street ;
thence in a Northeasterly direction along said existing
right of way line on a curve to the right having a radius
of 3587 . 75 feet a distance of 26 . 0 feet to a point ;
thence South 89 ' 49100 " East along said existing right of
way line a distance of 40 . 00 feet to a point of beginning
and containing 0 . 02 acres , more or less , or 1 , 040 square
feet , more or less .
Tract No . 12E1
A part of the Northeast Quarter of the Southwest Quarter
of Section 9 , Township 16 North , Range 30 West,
Washington County , Arkansas , described as follows :
Beginning at a point that is 63 . 0 feet right of and
perpendicular to North Street Centerline Station
35+89 . 69 , said point being on the existing Southerly
right of way line of North street ; thence South 89 ° 49 '
East along said existing right of way, line a distance of .
14 . 21 feet to a point ; thence in a Northeasterly
direction along said existing right of . way line on a
curve to the right having a radius of 3587 . 75 feet a
distance of 12 . 0 feet to a point on the proposed
Southerly right of way line of said North Street ; thence
South 89049 ' 00 " East along said proposed right of way
line a distance of 40 . 00 feet to a point ; thence in a
92 41411
Southwesterly direction on a curve to the left having a
radius of 3547 . 75 feet a distance of 24 . 00 feet to a
point ; thence North 89 ° 49100 " West a distance of 51 . 31
feet to a point ; thence North 13029134 " West a distance
of 12 . 35 feet to the point of beginning and containing
0 . 03 acres , more or less , or 1 , 113 square feet , more or
less .
Tract No . 12E2
A part of the Northeast Quarter of the Southwest Quarter
of Section 9 , Township 16 North , Range 30 West ,
Washington County , Arkansas , described as follows :
Beginning at a point that is 77 . 0 feet right of and
perpendicular to North Street Centerline Station
35+10 . 26 , said point being on the existing Southerly
right of way line of North Street ; thence South 89 ° 49 '
East along said existing right of way line a distance of
29 . 75 feet to a point ; thence South 00 ' 11 ' West a
distance of 23 . 0 feet to a point ; thence North 89049 '
West a distance of 23 . 56 feet to a point ; thence North
14052 ' West a distance of 23 . 82 feet to a point of
beginning and containing 0 . 01 , more or less ; or 613
square feet , more or less .
92 41412
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ORDINANCE NO. 3636 the left having a radius of
AN bRDINANCE AUTHOR- 3547.75 feet a distance of
IZING EMINENT DOMAIN 26.0 feet to a Point on the
'PROCEEDINGS FOR THE proposed Southerly ' right of
,CITY TO -OBTAIN STREET way line of said .North STATE of ARKANSAS 1
RIGHT-OF-WAY, UTILITIES. Street : thence North 1}
SIDEWALK EASEMENTS 89'49'00" West along Said ss.
AND , TEMPORARY CON- proposed right of way line a County of Washington
STRUCTION EASEMENTS distance of .40.00 feet to a
ON PROPERTY LOCATED point of the existing South.
ALONG NORTH •STREET, erly right of way line of t'}
TRACTS 12. 12E1 , and North Street; thence in a I 5 hereby certify that I
12E2 OWNED BY DAVID S. Northeasterly direction
RANDLE AND JEANE W. along said existing - railroad am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper
RANDLE. GLACIER PARK right of way line on a curve having a second class mailing privilege, and being not less than four pages of five
CO.. INC. AND BU LING-ERN to the right having a radius columns each, published at a feed lace of business and at a fixed (daily) intervals
TON NORTHERN Of 3587.75 feet a distance P P Y)
RAILROAD.. of 26.0 feet to a point: continuously in the City of Fayetteville, County of Washington. Arkansas for more
BE IT ORDAINED By thence South 89'49'00"
THE BOARD OF DIREC- East along said existing than a period of twelve months, circulated and distributed from an established place
TORS OF THECITY OF right of way line a distance of business to subscribers and readers generally of all classes in the City and County
F,A V E T T E V I L E of 40.00 feet to a point of for a definite price for each copy, or a fixed price per annum, which price was fixed
ARKANSAS: beginning and containing
Section 1 . That the 0.02 acres, more or less, or at what is considered the value of the publication, based upon the news value and ser-
Board of Directors author- 1040 square feet. more or vice value it contains, that at least fifty percent of the subscribers thereto have paid
izes and directs the city at- less. cash for their subscriptions to the newspaper or its agents or through recognized news
'tomeV of the City of Fayet- Tract No. 12EI Perg 8 8
teville. Arkansas to initiate A part of the Northeast dealers over a period of a least six months; and that the said newspaper publishes an
legal action in order to ob- Quarter of the Southwest
' tain street. utilities, sidew- Quarter of Section 9, Town-
alk easements and temper- ship 16 North. Range 30
.ary construction easements West, Washington County, I further certify that the legal notice hereto attached in the matter of
on t he property described Arkansas, more particularly
below: - described as follows:
AI Property located on Beginning ata point that is (m)`d A-- i�1,f Ppk...>
�kJ 662 6S
North Street. Owned by Da- 63.0 feet right' of and per-
vid S. Randle and Jeans W. pendicular to North Street /
Randle,. Glacier Park Co.. Centerline Station was published in the regular daily issue of said newspaper for
Inc.,�. and .Burlington North- 35.89.69. said point being
em. Railroad. as more ' fully on the existing Southerly commutive insertions as follows:
set forth in the legal de- right of way line of North �n] ,,
' scription attached hereto as Street: thence South 89.49' The first insertion on the day of 19
Exhibit "A". East along- said existing
Section 2. The Board of right of way line a distance
Directors hereby deter- of 14.21 feet to a point: the second insertion on the day of 19
minas that the immediate thence in a Northeasterly
' acquisition of the above de direction along - said .existing
scribed street right-of-way. right of way line on a curve the thud insertion on the day of 19
utilities, sidewalk and tem- to the right having a radius
porary construction ease-' of 3587.75 feet a distance
mens by eminent domain of 12.0 feet to a point on and the fourth insertion on the day of 19
( proceedings are necessary the proposed Southerly
for transportation service right of way line of said
and efficient utilities ser- North Street: thence South
vices and are essential to 89'49'00' East along said
the public health, safety ' proposed right of way line a
and welfare. Therefore, an distance of 40.00 feet to a lblisher / General Manager
,emergency is hereby dec- point; thence in a South-
lared to exist and this ordl- westerly direction on a
nonce being necessary for curve to the left having a
the public health, safety radius of 3547.75 feet a Swom to and subscribed before me on this day of
and welfare shell be in full distance of 24.00 feet to a n -�
'tor<a and effect from and ' point ; thence North
after its passage and 89'49'00" West a distance n
approval. lof 51 .31 feet to a Point;
PASSED AND AP - . thence North 13.29'34"
PROVED this 4th -day of West a distance of 12.35
August. 1992. feet to the point of begin-
APPROVED: ning and containing 0.03
By: Fred S. Vorsanger ' acres. more or less. or Not Public
' ATTEST: 1113 square feet, more or
By: Sherry L. Thomas less.
City Clark Tract: No. 12E2
EXHIBIT 'A' A part of the Northeast My Commission Expires:
Tract No. 12 Quarter of the Southwest
, Pan of the Northeast Ouar- Quarter of Section 9, Town
ter of the Southwest Quer- ship 16 North. Range 3C
'ter of Section 9. .Township West, Washington County.
116 .North, Range 30 West, ' Arkansas. described ere
Washington . County, Arkan- follows:
seri, more particularly de- Beginning at a point that is 40
scribed as follows: pen feet right of arta per Fees for Printing $
' Starting f the Southeast pennterr n North Scree
Corner of the Southeast Centerline Statior
Quarter of the Northwest 35+10.26. said Point beim Cost of Proof $
Quarter of Section 9: on the existing Southerll
thence '- North 89.44'00" right of way line of Nortt ¢O
West along the South line Street; thence South 89.49 'total $
thereof a distance of
443.38 feet to a point on East along. said existing
the existing Easterly railroad right of way line a distance
right of way line of the Bur- of 29.75 feet to a point:
lingtori Northern Railroad; thence South 00'11 ' West a
. thence ' in a Southwesterly distance of 23.0 fee to a
' direction along said existing oointl thence North 89'49'
railroad right of way line on .Nest a, distance of 23.56
a curve t0 the left having a last to a point: thence
radius of 3337.75 feet a North 14452' West a dis- '
distance of 30.00 feet [once of 23.82 feet to a i
' point on the existing South. point of beginning and con-
taining
slily right of way line Of taining 0.01 , more or less.
North . Street: thence North or 613 square feet, more or
89644'00" West along said less. _
existing right of way line a
distance of 210.00 feet to a
point for the point of beglo-
ning; thence in a Southwee-
terlY direction on p_curve to ;