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HomeMy WebLinkAboutOrdinance 3703 FILED FOR RECORD ORDINANCE NO. 3_ JUN 3 AM 9 51 WASNINGFON CO AR AN ORDINANCE AUTHORIZING EMINF(1NT, O IDOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN SEVEN SEPERATE TRACTS FOR THE AIRPORT LAND ACQUISITION PROJECT IN CONJUNCTION WITH THE OBSTRUCTION LIGHTING AND REMOVAL PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council 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 Land Acquisition Project in conjunction with the Obstruction Lighting and Removal Project, on the property described below: A. Tract #21 , property easement, owned by Gerald James, Louise Dunlap, Trustee, B. Tract #48, avigation easement, owned by John Andre C. Tract #93, 94, & 97, fee simple, owned by Floyd Mabry, Jr. D. Tract #101 , fee simple and avigation easement, owned by Mary Bond Smith E. Tract #118, fee simple, owned by Esther Bowling and the heirs of Elvis Kelley, Such legal descriptions are more fully set forth in Exhibit "A" , attached hereto and made a part hereof. Section 2. The City Council hereby determines that the immediate acquisition of the above-described property for the Airport Federal 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 its passage and approval. PASSED AND APPROVED this 18th day of May 1993 . APPROVED: XBy: lG " red Hanna, Mayor s$h@rry Lf Thomas, City Clerk 93 30088 CERTIFICATE OF RECORD State of Arkansas I City herrFayetteville SS Officio y Thornes' fotr Clerk and Fx_ Fayetteville corder the > do herebyCity of annexed or forvgoin certify that the office and the g !s of record in wy same page°� & Resolution book nears ip sea! t r_v witness my rau At 19�_ �z� day of �d Clq Clerk nd �'r..prficto R-Re ��di! EXHIBIT A Legal Description for Tract No. 21 : A part of the North Half (N'h) of the Northwest Quarter (NW 'A) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows: commencing at the Northwest corner of the Northeast Quarter (NE 'A) of the Northwest Quarter (NW 'A) of said Section 33 ; thence South 01 ` 37'55 " West - 422.50 feet; thence South 88` 22'50" East 220.00 feet to the point of beginning; thence North 01 ` 37'55 " East - 102.50 feet; thence South 88022'50" East - 200.00 feet; thence South 01 037'55 " West - 115 .00 feet; thence South 88022'50" East - 237 . 10 feet; thence South 14`05' 14" East - 218 . 15 feet; thence North 8822350" West - 748. 10 feet to the East right- of-way line of U. S. Highway No. 71 ; thence along the right-of-way North 02040'47 " East - 206.56 feet; thence leaving the right-of-way North 87056' 10" East - 248.64 feet to the point of beginning, containing 174,613 square feet or 4.01 acres, more or less, Washington County, Arkansas. LESS AND EXCEPT: part of the North Half (N'h) of the Northwest Quarter (NW 'A) of Section Thirty-three (33), Township Sixteen ( 16) North, Range Thirty (30) West of the 5th Principal Meridian, Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a point on the East Right of Way line of U .S . Highway No. 71 , at a point 422. 5 feet South and 12 . 84 feet West of the Northwest corner of the Northeast Quarter (NE 'A) of the Northwest Quarter (NW 'A) of said Section, Township and Range, and running along said Right of Way South 01 006' West 15 feet, thence leaving said Right of Way East 233 . 12 feet, thence North 15 feet, thence West 232. 84 feet to the point of beginning. Containing 0.08 acres. LESS AND EXCEPT: part of the North half (N'h) of the Northwest Quarter (NW 'A) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West of the 5th Principal Meridian, Washington County, Arkansas, and being more particularly described as follows to-wit: Beginning at a point on the East Right of Way line of U.S. Highway No. 71 , at a point 222.5 feet South and 9 feet West of the Northwest corner of the Northeast Quarter (NE 'A) of the Northwest Quarter (NW 'A) of said Section, Township and Range, and running along said Right of Way South 01 006' West 200.0 feet; thence leaving said Right of Way East 232. 84 feet; thence North 199.96 feet to South Right of Way of Whillock Street; thence West along said Right of Way 229.0 feet to the point of beginning, containing 1 .06 acres, more or less. 93 300009 Legal Description for Tract No. 48 : A part of the Southeast Quarter (SE '/a) of the Northwest Quarter (NW IA) of Section Thirty-three (33), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows, to-wit: Beginning at the Southeast comer of said forty (40) acre tract, and running, thence North 88 ` 10'39" West 1284.34 feet to the East Right-of-way line of U.S . Highway No. 71 thence North along said Right-of-way North 03046'42" East 25 .00 feet, thence South 88 " 10'39" East 791 . 29 feet, thence North 01 049'21 " East 270.23 feet to the Southline of Right- of-way of Highway No. 156; thence along said Right-of-way along a 6.67387 ' curve to the left 96. 81 feet, thence South 80004'39" East 196.05 feet, thence along a 4. 831350 curve to the left 132.58 feet, thence South 8627'59 " East 72.76 feet, thence leaving said Right-of-way South 02012'20" West 235 .23 feet to the point of beginning, containing 3 .37 acres, more or less, being situated in the City of Fayetteville, Arkansas. LESS AND EXCEPT : a part of the Southeast Quarter ofthe Northwest Quarter of Section 33, Township 16 North, Range 30 West, described as beginning at a point which is on the East line thereof, N 02 ` 12'20" East 235 .23 feet from the Southeast Corner of said 40 acre tract; thence S 02012'20" West 78.05 feet to the Northerly right-of-way of an existing road; thence along said right-of-way N 34026' 13 " West 98 .98 feet, to the Southerly right-of-way of Arkansas State Highway 156; thence along said right-of- way South 86027'59" East 59.09 feet, to the point of beginning, containing 0.05 acres, more or less, in Washington County, Arkansas. Legal Description for Tract No. 93 : Part of the Southeast Quarter (SE 'A) of the Southwest Quarter (SW 'A) of Section Four (4) in Township Fifteen (15) North of Range Thirty (30) West, described as follows, to-wit: Beginning at a point Two Hundred Eighty-four and four-tenths (284.4) feet East of the Northwest corner of said forty (40) acre tract where the center line of a platted thirty (30) foot road intersects with the North Line of said forty (40) acre tract and running thence South 89 030' East Four Hundred Four and Eighty-two hundredths (404. 82) feet to the property line of Drake Field Fayetteville Airport; thence along property line of said Drake Field South 12039' East Five Hundred Twenty-four (524) feet; thence South 89006' West Five Hundred Seventeen (517) feet to the centerline of said platted road; thence North 0" 14' West along the centerline of said platted road to the point of beginning, being further known and described as a part of Lots Twelve (12), Thirteen (13) and Fourteen ( 14) in Parkers' Plat of Greenland Acres, being a subdivision of part of the Southwest Quarter (SW 'A) of Section 4, Township 15 North of Range 30 West as shown upon the recorded plat thereof. Together with and easement for ingress and egress to and from U.S . Highway 71 over and across other lands owned previous grantors herein with the centerline of easement thirty (30) feet in width to be located thirty-five (35) feet South and parallel to the North line of the said above described 40 acre tract. 93 30030 Legal Description for Tract No. 94 : Part of Lot Twelve (12) in Parker's Plat of Greenland Acres, being a Subdivision of a part of the Southwest Quarter of Section Four (4), in Township Fifteen (15) North of Range Thirty (30) West, described as follows, to-wit: Beginning at a point 792 . 1 feet North and North 8936' East 269.4 feet of the Southwest comer of the Southeast Quarter of the Southwest Quarter of Section 4, Township 15 North, Range 30 West, thence South 00 14' East 152.7 feet, thence 8928' East 566 feet to property line of Drake Field Fayetteville Airport, thence with said line North 12039' West 160 feet, thence South 8906' West 532 feet, thence South 0' 14' East 6 feet to the point of beginning. Legal Description for Tract 97 : Part of Lots Ten (10) and Eleven (11) in Parker's Plat of Greenland Acres, being a Subdivision of part of the Southwest Quarter of Section Four (4), in Township Fifteen (15) North of Range Thirty (30) West, as designated upon the recorded plat of said Subdivision, more particularly described as follows, to-wit: Beginning at a point 251 .5 feet North and 601 .3 feet West of the Southeast corner of the Southeast Quarter of the Southwest Quarter of Section 4 in Township 15 North of Range 30 West, thence East 203 feet, thence North 12 ` 30' West 422 feet; thence West to a point 200 feet East of the West line of Lot 11 , thence South 206 feet, thence East to a point 206 feet due North of the point of beginning, thence South 206 feet to the point of beginning. Legal Description for Tract No. 101 : Lot Numbered Nine (9) in Greenland Acres, a subdivision of the Northwest Quarter (NW 'b) of the Southwest Quarter (SW 'k) and part of the South Half (SI/2) of the Southwest Quarter (SWIA) of Section Four (4) and a part of the North Half (NI/2) of the Northwest Quarter (NW IA) of Section Nine (9) in Township Fifteen (15) North of Range Thirty (30) West of the 5th Principal Meridian, LESS AND EXCEPT Part of the Southeast Quarter of the Southwest Quarter of Section Four (4) in Township Fifteen ( 15) North of Range 30 West of the 5th P.M . , described as follows: Beginning at the Southeast corner of said forty acre tract, running thence North 251 .5 feet, more or less, to the Northeast comer of Lot Nine (9) of Parker's Plat, Greenland Acres, thence West 173 . 3 feet; thence South 12030' East 257 .5 feet, more or less, to the South line of said forty acre tract; thence East 119.4 feet, more or less, to the point of beginning. 93 30091 Legal Description of Tract No. 118: An easement described as a Part of the Southwest Quarter (SW 'A) of the Southeast Quarter (SE 'A) of the Northeast Quarter (NE 'A) of Section Sixteen (16), Township 15 North, Range 30 West, more particularly described as follows: Beginning at a point North 88024'41 " West - 165 .78 feet from the Northeast corner of the Southwest Quarter (SW 'A) of the Southeast Quarter (SE 'A) of the Northeast Quarter (NE 'A) of Section Sixteen (16), Township 15 North, Range 30 West, thence South 10" 10'41 " East - 232.00 feet, with the easement being 25 feet wide on each side of centerline; thence South 10' 10'41 " East - 36.00 feet, with the easement being 25 feet wide on the eastern side of centerline only; thence South 10" 10'41 " East - 192.27 feet, with the easement being 25 feet wide on each side of centerline, to a point on the South line of the above described property, said point being North 88 "21 '41 " West - 71 . 17 feet from the Southeast corner thereof, containing, 20,662 sq. ft. or 0.47 acres, more or less, the sidelines of said easement being lengthened or shortened to terminate at the property boundary. 93 30092 I, Alma Koilrnoycr, Circuit Clerk and Ex-officio Reccrdsr for Washington County Arran:as, do hcrr'y cor iy that this in- strument vras f.'.ce for re ' c In n.y offico ce indimtcd liwoon and il:c r.no is now duly racorded w::h Vio acknowlcdtament and cert Icotc !I-- :an ! ^.a.-ard book and Page as in.';:: .-u themes•.. IN I Novo hereunto tet my hand and ciiiu J tho eacl of said Court on the c:ata indicetod hereon. Alma Kollmoyer Circuit Cork and 6c-officlo Recorder r - -- - - - STATEofARKANSAS 1 88'22'50" East - 237.10 Southeast - Quarter of the Fifteen (15) North of Range - J} ss. feet : thence South Northwest Quarter of Ser Thirty (30) West, as desig- 14-05' 14" East - 218. 15 tion 33. Township 16 North, noted upon the recorded County of Washington feat : thence North Range 30 West, described plat of said Subdivision, 88'22'50" West - 748. 10 as beginning at a point more particularly described {� /'�/I v� � r1 - feet to the East rightof-way which is on the East line asfollows. a to- it: Begin- 1, JIB-1fU I l A T� Begin- line of U.S. Highway No. thereof. N02012'20" East hereby certify that I 71 : thence along the right- 235.23 feet from the South- North and 601 .3 feet Wast am theP ublisher of THE l0 WEST ARKANSAS TIMES, a dail Hnews of-way North 02'40'47 " east Corner of said 40 acre of the Southeast corner of y paper East - 206.56 feet: thence tram: thence S 02"12'20' the Southeast Quarter of having a second class mailing privilege, and being not less than four pages of five leaving the right-Of-way West 76.05 feet to the the Southwest Quarter of columns each, published at a fixed place of business and at a fixed (daily) intervals North 87'56' 10" East - Northerly right-of-way of an Semion 4 in -Township 15 248.64 feet to the point of existing road: thence along North of Range 30 West, continuously in the City of Fayetteville. County of Washington, Arkansas for more -beginning , ie 6 3 ingi , containing ont of i of N34tl26' 13 i g h t -ofest 98.98 thence East 203 feet. than a period of twelve months, circulated and distributed from an established place thence acres . -more or less , 422 feet; th nce Westrth 1230d Vto a of business to subscribers and readers generally of all classes N the City and County feet to the Southerly right- Washington CountY . of-way of Arkansas State point 200 feet East of the for a definite price for each copy, or a fixed price per annum, which price was fixed ORDINANCE NO 3703 ' Arkansas EXCEPT: part said 156; thence e5outh West line of Lot 11 , thence at what is considered the value of the publication, based upon the news value and ser- AN ORDINANCE AUTHOR- g South 206 feet. thence East IZING, EMINENT DOMAIN of the North Half (Nl/2) of 86'27'59" East 59.09 feet, to a point 206 feet due vice value it contains, that at least fifty percent of the subscribers thereto have paid PROCEEDINGS FOR THE the Northwest Quarter to the point of beginning, North of the Point of begin- cash for their subscIlP tiorl3 t0 the newspaper Or hitsagents or throw recognized nized news CITY TO OBTAIN 'SEVEN (NW1/41 of Section Thirty- containing 0.05 acres, more ring, thence South 206 feet g g SEPARATE TRACTS FOR three (33). Township Six- or less. in Washington to the point of beginning. dealers over a period of a least six months; and that the said newspaper publishes an THE AIRPORT LAND AC- teen (16) North, Range County, Arkansas , average of more than forty percent news matter. OUISITION PROJECT IN Thirty (30) West of the 5th CONJUNCTION WITH THE Principal Meridian, Washing- LEGAL DESCRIPTION FOR Legal Description for OBSTRUCTION LIGHTING ton County. Arkansas. and TRACT NO. 48 Tract No. 101: 1 further certify that the legal notice hereto attached in the matter of AND REMOVAL PROJECT. being more particularly de- A part of the Southeast Lot Numbered Nine (9) in 1 BE IT ORDAINED BY THE scribed as follows, to-wit: Quarter (Sirte (S the Greenland Acres, a subdivi- �t� ry , ,^^ ) ,t � ,� �••r �03 CITY COUNCIL OF THE Beginning at a point on the Southwest Quarter (SWI/4) Sion of the Northwest Quar- �161hm1 Y-YaA/t9-Ik/ll !� CITY OF FAYETTEVILLE. East Right of Way line of of Section Four (41 in Town- ter (NW1/4) of the Soutfl- U.S. Highway No. 711 at a ship Fifteen (15) North of west Quarter (SW1/41 and ARKANSAS: point 422.5 fest South and Range Thirty 130) West, de- part of the South Half was published in the regular daily issue of said newspaper for Section 1. That the City 1284 feet West of the scribed as follows, to-wit: (St /2) of the Southwest Council authorizes and di- Northwest corner of the Beginning at a point Two Quarter ISW1/41 of Section consecutive insertions 8s follows' reins the City Attorney of Northeast Owner (NE1/4) Hundred Eight-four and Four (4) and a part of the n the City of Fayetteville. Ark- of the Northwest Quarter four-tenths (284.4) feet East North Half (N7/2) of the The first insertion on the � da of U Ak 19 arises n initiate legal et- Northwest Quarter (NW1/4) y tion, in needed or obtain Township of said Section, of the Northwest corner of of Section Nina (9) in ro nestled for the Air- Township and Range, and said forty (40) acre tract property running along mid Right of where the canter line of a Township Fifteen 1151 North the second insertitm On the day Of 19 port co Acquisition Pro- Wa South 01'06' West 15 platted thirty (30) foot road of Range Thirty (30) West jam it conjunction with the feet, thence leaving said intersects with the North of the 5th Principal Mer: Obstruction Lighting and Right of Way East 233.12 Lina of said forty (40) acre dian. LESS AND EXCEPT• the third insertion On the day of 19 Removal Project. on the feet, thence North 15 feet, tract and running thence Part of the Southeast Ouar- property described below: thence West 232.84 feet to South 89-30' East Four ter of the Southwest Ouar- the point of beginning. Con- Hundred Four and Eighty- ter of Section Four (4) in and the fourth insertion on the day of 19 e Tram wed property twining 0.08 acres. -two hundredths (404.82) Township Fifteen (15) North James. Louise Dunnlap, easement, owned by lap. LESS AND EXCEPT: part feet to the property line of of Range 30 West of the of the North half (N1/2) of Drake Field Fayetteville Air- 51h P.M.. tlescribed as fol- B. the Northwest Quarter Port; thence alongproperty Iowa: Beginning at the e. Trett ane avigJohn e party Southeast corner of said easement, owned by John three ( ' of Section Thirty- line of said Drakes Field Andre � three 133). Township Six- South 12'39' East Five forty acre tract, running Publisher / General Manager C. Tract e93. 94, & 97. teen (16) North, Range Hundred Twenty-four (524) thence North 251 .5 feet, fee simple. Owned by Floyd Thirty (30) West of the 5th feat; thence south 89'08' more or less, to the North- r Principal Meridian, Washing- West Five Hundred Seven- east comer of Lot Nine 191 Mabry. Jr. teen (517) feet to the cen- of Parker's Plat. Greenland Sw0 O and subscribed before me n this a0.n Tract tion fee simple icon County. Arkansas, and Acres, thence West 173.3 day Of and eviy Mar easement. being more particularly de- thenc of saitl platteO'14rtl road; feet; thence South 12'30' E. Tr m Mary Bee Smith scribed as follows to-wit: thence North dine Was; East 257.5 feet, more or 19 E. Tram eEst fee simple. East Rig at a point on the along the centerline of said owned by Esther Bowling East Right of Way line of platted road to the point less, to rt the South line of and the hairs of Elvis U.S. Highway No. at a beginning, being furtherer said forty acre tract; thence Kelley, point222.5 We feet South and known and described as a east ss . l too that, more or point of 9 feet West of the North- Part of Lots Twelve 112). P Such legal descriptions are west corner of the North- Thirteen (13) and Fourteen beginning. more fully set forth in Exhi- east Owner (NEI/4) of the (14) in Parkers' Plat of 1 Notary Public bit "A", attached hereto Northwest Quarter (NWI/4) Greenland Acres, being a Legal Description of Tract and made art hereof. of said Section, Township subdivision of part of the No. 118: pe An easement described as and Range. and running Southwest Quarter (SWI/4) a Part of the Southwest My Commission EX res: Section 2. The City Coun- along said Right of Way of Section 4, Township 15 Quarter (SWI /4) of the //pp�� til hereby determines that South 01 '06' West 200.0 North of Range 30 West as Southeast Quarter SEI/4) the immediate acquisition feet: thence leaving said shown upon recorded plat of the Northeast Quarter of the above-described Right of Way East 232.84 thereof. Together with and for the Airport feet: thence North 199.96 easement for in ress and (NEl/41 w Section Sixteen property p 9 Ran Township 15 North, Federal Acquisition Project feet to South Right t Way egress to and from U.S. Range de West. more part: M1M1yy - I is necessary for runway aP of . Whitlock Street: thence Highway 71 over and culerly described as follows: proach and transitional area West along saitl Right of across other lands owned Beginning at a point North protection/obstruction re- Way 229.0 feet to the point previous grantors herein 88.24.41 ' West - 165.78 Fees for Printing $ moval and is essential for of beginning. containing with the centertine of ease- feet from the Northeast 1 .06 acres, more or less. ment thin the public health. safety Y (30) feat it corner of the Southwest Cost of Proof $ and welfare. Therefore. an width to be loutetl thirty- Quarter (SWI/4) of the emergency is hereby tlec- Legal Description for five 13o feet South and Ile- Southeast Quarter rune) e^ ♦ Treat t o. 48: th el to the North line of Total laretl to exist and this ordi- 'of the Northeast Quarter tante being health. safety for A part of the Southeast the said above described 40 (NEl/41 Township Section Sixteen $ the public health. safety Quarter ISE 1 /41 (N the acre tract. antl welfare shell be in full Northwest Quarter ee (33)) South 30 wat 5 thence force and spam from and of Section Thirty-three ( 16) Legal Description for South feet, 41 " East - aits passage and Township Sixteen 1161 Tract No. t mens feet, wily the on ease- approval. • North, Range Thirty (30) Part of Lot Twelve enl in mach being o feet wide on PASSED AND APPROVED West, more particularly tlo- porker's Plat of Greenland I this 18th day of May, 1993. scribed as follows, to-wit: Acres, being a Subdivision each side of centerline; Beginning at the Southeast of a art of the Southwest thence South 10'1th the APPROVED: P East - 192.27 feat with the RECEIVED ,By: Fred Henna. Mayor Quarter of Section Four 15) easement being 25 feet ATTEST: corner of said forty (40) N Township Fifteen (151 wide on each side of Geo- By: Sherry L. Thomas thea tract, and running. North of Ranee Thirty follows, South line a point on the City Clerk thence North 88' 10'39" West, described as follows, South line of the above da- JUL 1 4 ,993 Wast 1284.34 feet to the to-wit: Beginning at a point scribed property, said point EXHIBIT A , East Right-of-way line of 792.1 feetJNorth and North being North 88'21 '41 " LEGAL DESCRIPTION FOR U . S . Highway No . 71 89'36' East 269.4 feet of West - 71 .17 feet from the TRACT NO. 21: thence North along said the Southwest corner of Southeast corner thereof. FINANCE DEPT A part of the North Half Right - o f - way North the Southeast Quarter of containing. 20,662 sq. ft. or IN1/2) of the Northwest 03'46'42" East 25.00 feet, the Southwest Quarter of 0.47 acres, more or less, Quarter, (NW1/4) of Section thence South 88'10'39" Section 4, Township 15 the sidelines of said eass- Thirty-three (33). Township East 791 .29 feet. thence North, Range 30 West, mens being lengthened or Simeon (16) North; Range North 01 .49 '21 " East thence South 0.014' East shortened! to terminate at Thirty (30) West. and being 270.23 feet to the South- 152.7 feet. thence 89Y. e' the property boundary. more particularly described line of Rightof-way, of High- East 566 feet to property as follows: commencing at way No. 1561 thence along line of Drake Field Fayette-_ the Northwest corner of the said Right-of-way along a villa Airport, thence with Northeast Quarter (NEI/4) 6.67387' curve to the left said line North 12'39' West of the Northwest Owner 96.81 feet, thence South 160 feet, thence South (NW1/4) of said Section 33; 80'04'39• East 196.05 feet, .89.06' West 532 feet. thence South 01 '37 '55" thence along a 4.83135' thence South 0414' East 6 West - 422.50 feet; thence curve to the left 132.58 feet to the point of South 88'22 ' 50 - East feet , thence South beginning. 220.00 feet to the point of 86'27'59- East 72.76 feet. thence leaving said Right-of- Legal Description for beginning; thence North way South 02.12'20" West Tract 97: 01 '37'55" East - 102.50 235.23 feet to the pointof ; Part of Lots Ten (10) and feet ; thence South beginning. containing 3.37 Eleven 1111 In Parker's Plat 88'22'50" East - 200.00 acres. more or less, being of Greenland Acres, being a feet ; thence South situated in the City of Fay- Subdivision of part of the 01'37'55" West - 115.00 otteville. Arkansas. LESS Southwest Owner of Seo- feet : thence South AND EXCEPT: a part of the tion Four 141. in Township