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HomeMy WebLinkAboutOrdinance 3636 FILED FOR RECORD ORDINANCE NO . 3636 • ' 92 AUG 14 Aft 1155 AN ORDINANCE AUTHORIZING EMINEN�jASD.OMAINN CO AR PROCEEDINGS FOR THE CITY TO OBTAIN ASI'R`FF}� EYER RIGHT-OF-WAY , UTILITIES , SIDEWALK EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ON PROPERTY LOCATED ALONG NORTH STREET , TRACTS 3 AND 14E OWNED BY JACK BURGE CONSTRUCTION CO . , INC . , GLACIER PARK CO . , INC . , AND BURLINGTON NORTHERN RAILROAD . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OFj FAYEPTEVILLE , ARKANSAS : 1e1 Section 1 . That the Board of Directors authorizes and V 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 Jack Burge Construction Co . , Inc . , 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 : By : Mayor ATTEST : _ ?. ' Ts It , D . By : City CIVerk . r� _t 92 41413 S« e C! . /§ r ! "r r » ~ a» 1 � ° ; :. e / c � � c � EXHIBIT "A" Tract No , 3 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 89044100 " 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 89 ° 44100 " West along said existing right of way line a distance of 125 . 00 feet to a point on the existing Westerly railroad right of way line of the Arkansas - Missouri Railroad for the point of beginning ; thence in a Southwesterly direction along said existing railroad right of way line on a curve to the left having a radius of 3462 . 75 feet a distance of 8 . 39 feet to a point on the proposed Southerly right of way line of said North Street ; thence North 89049100 " West along said proposed right of way line a distance of 85 . 00 feet to a point on the existing Westerly railroad right of way line of said Burlington Northern Railroad ; thence in a Northeasterly direction along said existing railroad right of way line on a curve to the right having a radius of 3587 . 75 feet a distance of 8 . 51 feet to a point on the existing Southerly right of way line of said North Street ; thence South 89044100 " East along said existing right of way line a distance of 85 . 00 feet to the point of beginning and containing 0 . 02 acres more or less or 717 square feet more or less . Tract No . 14E ( Temporary Construction Easement ) 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 : Beginning at a point which is 75 . 00 feet right of and perpendicular to Centerline Station 36+60 . 00 , North Street ; thence North 89 ` 49100 " West a distance of 16 . 08 feet to a point ; thence in a Northeasterly direction on a curve to the right having a radius of 3547 . 75 feet a distance of 42 . 0 feet to a point on the proposed Southerly right of way line of said North Street ; thence South 89049100 " East alone said proposed right of way line a distance of 85 . 00 feet to a point of the existing 92 41414 1 , Westerly railroad right of way line of the Arkansas- Missouri Railroad ; thence in a Southwesterly direction along said existing railroad right of way line on a curve to the left having a radius of 3462 . 75 feet a distance of 4 . 00 feet to a point ; thence North 89 ` 49 ' 00 " West a distance of 69 . 00 feet to a point ; thence South 00011100 " West a distance of 38 . 00 feet to the point of beginning and containing 0 . 02 acres , more or less , or 951 square feet , more or less . 92 41415 £ t , # ! ! ] � : * t ! 2 � � 2 � Tl � � � ) \ } / k ! } . \ ! ; _ _ ! S ! # } / { � KK ( ) { ƒ / 7 � \ . % ; ) \ ! ) § \ : { . � ; � ae ; t : � � � : fi ( � � & Ja \ ! ; £ - aa : � j a � . ORDINANCE NO. 3636 Southwesterly diraction AN ORDINANCE AUTHOR- along said existing railroad IZING EMINENT - DOMAIN right ofwayline on- a curve PROCEEDINGS FOR THE to the len having a radius CITY TO OBTAIN STREET of 3462.75 met a distance STATE of ARKANSAS 1 RIGHT-OF-WAY. UTILITIES. of 8.39 feet to a point on J} SIDEWALK EASEMENTS theproposedSoutherly SS. AND TEMPORARY CON- right of -way line of said County of Washington STRUCTION EASEMENTS North ,Street: thence North ; ON PROPERTY LOCATED 89.49.00" West along said ALONG NORTH STREET, i proposed right of way lino a , n /� TRACTS 3 AND 1 4 E distance of 85.00 feet to a I, S • •--� [ /�/ hereby certify that I OWNED BY JACK BURGE point the existing waa- am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily news CONSTRUCTION CO.. INC., telly railroad right way P y paper GLACIER PARK CO., INC., line of said Burlington having a second class mailing privilege, and being not less Than four pages of five AND BURLINGTON Northern Railroad: thence in columns each, published at a fixed place of business and at a fixed (daily) intervals NORTHERN RAILROAD. a Northeasterly direction ' BE IT ORDAINED BY along said existing railroad continuously in the City of Fayetteville, County of Washington, Arkansas for more THE BOARD OF DIREC- right of way line on a curve than a period of twelve months, circulated and distributed from an established place TORS OF THE CITY genera to the right having a maces E of business to subscribers and readers lly City of all classes in the Ci and Court FAV E T T E V I L L E , of 3587.75 feet a distance ty ARKANSAS: of 8.51 feet to a point on for a definite price for each copy, or a fixed price per annum, which price was fixed Section 1 . That tt4e the existing Southerly right at what is considered the value of the publication, based upon the news value and ser- Board of Directors author- of way line of said North izes and directs the city at- Street . thence South vice value it contains, that at least fifty percent of the subscribers thereto have paid torney of the City of Fayet- 89'44'00" East .along said cash for their subscriptions to the newspaper or its agents or through recognized news teville. Arkansas to initiate existing right of way line a legal action in order to ob- distance of 85.00 feat to dealers over a period of a least six months; and that the said newspaper publishes an Lain street, utilities. sidew- the point of beginning and average of more than forty percent news matter. alk easements and tempor- containing 0.02 acres more ary construction easements or less or 717 square feet on the property described more or less. I further certify that the legal notice hereto attached in the matter of below: Tract No. 14E (Temporary An Property located on Construction Etheast Q o � t nn v # 3693/, North Street, owned by Part Construction the Northeast Quer- [.[fid—ILS-LCL' V, 1 Jack Burge - Construction ter of the Southwest Ouar- Co.. Inc.. Glacier Park Co.. ter of Section 9. Township ' Inc.. and Burlington North- 16 North, Range 30 West, was published in the regular daily issue of said newspaper for em Railroad. as more fully Washington County. Arkan- consecutive insertions as follows: set forth in the legal de- sas, more particularly de- scription attached hereto as scribed as follows: �� �.� ��� /� ���_� ��l�t � �7 Exhibit "A". Beginning e a point f and The first insertion on the day of V 19 —1�-' Section 2. The defard r- p pends feet right nt and a Directors hereby deter- Station 0. Centerline mines that the immediate Station 36+60.00. North ' the second insertion on the day of 19 acquisition of the above de- Street ; thence North . scribed street right-of-way. 89.4900" West a distance utilities, sidewalk and term of 16.08 feet to a point: the third insertion on the day of 19 porary construction ease- thence in a Northeasterly mens by eminent domain direction on a curve to the proceedings are necessary right having a radius . of and the fourth insertion on the day of 19 for transportation service 3547.75 feet a distance of and efficient utilities ser- 420 feet to a point on the vices and are essential to proposed Southerly right of the public health, safety way line of said North and welfare. Therefore, an Street : thence South ' emergency is hereby deo- 89-49-06- East along said bits er / Genera] Manager tared to exist and this ordt proposed right of way line e nonce being necessary for distance of 85.00 feet to a 't the public health, safety point of the existing Wes- I and welfare shall be in fun terly railroad right of way Sworn to and subscribed before me on this / day of force and effect from and line of the Arkansas- after its passage enc Missouri Railroad; thence in . 19 approval, a Southwesterly direction PASSED AND AP- i along said existing railroad PROVED this 4th day o right of way line on a curve August. 1992. to the left having a radius I APPROVED: of 3462.75 feet a distance By: Fred S. Vorsanger of 4.00 feat to a point: Notary Public ATTEST: thence North 89'49'00 " WU By: Sherry L. Thomas West a distance of 69.00 City Clerk feet to a point: thence EXHIBIT 'A' South 00-11 '00" West a Tract No. 3 My Commission Expires: Part of the Northeast Ouer- distance of 38.00 feet to ter of the Southwest Guar- the point of beginning and �— O lrO ter of Section 9. Township containing 0.02 acres, more 16 North, Range 30 West, or less, or 951 square feet. Washington County. Arkan- more or less. sea, more particularly de- scribed as follows: /8 Starting at the Southeast Fees for Printing $ C213 . — Corner of the Southeast I Quarter of the Northwest Quarter . of Section 9; Cost of Proof $ thence North 80" West along the Southouth line Total $ thereof a distance of the ex feel a a Point on l the existing Easterly railroad light of way line of the Bur- lington Northern Railroad: thence in a Southwesterly exty direction along said existing railroad right of way line on a curve to the Ian having a radius of 333].]5 feet a distance of 30.00 feet to a point on the existing South- erly right o: way line of North Street. thence North 8944'00" West along said existing right of way line a distance of a axis feet to - point on the existing Wes- terly f the tl right of way lino of the Arkansas - Mis- souri t sours Railroad for the point I of beginning: thence in a ;