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HomeMy WebLinkAboutOrdinance 3717 ORDINANCE NO. -4717 AN ORDINANCE AUTHORIZING EMINENT DOMAIN w n PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT - C. r- EASEMENTS ACROSS A PORTION OF TRACT #327, (nrte- o LOCATED AT 420 WEST 6TH STREET, OWNED BY D � -n CD CAMPBELL SOUP COMPANY (HERIDER FARMS); AND `+ w ACROSS A PORTION OF TRACT #329, LOCATED AT 653 rrnn z m WEST 6TH STREET, OWNED BY E. H. SONNEMAN AND m o 3 0 BEATRICE M. SONNEMAN, HUSBAND AND WIFE, AS v r SELLERS, AND CLEVE CARLISLE AND VICKI CARLISLE, HUSBAND AND WIFE, AND EARL GILBERT AND KATHY GILBERT, HUSBAND AND WIFE, AS BUYERS, FOR WATER AND SEWER RELOCATION/ADJUSTMENT IN THE CONSTRUCTION OF HIGHWAY 180 IMPROVEMENTS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : _ Section That the City Council authorizes and directs the city attorney of the City of Fayetteville, Arkansas to initiate legal action in order to obtain permanent water/sewer easements on and over the property described below: (A) Tract #327, located at 420 West 6th Street, owned by Campbell Soup Company (Herider Farms), as more fully set forth in the legal description attached hereto as Exhibit "A" . (B) Tract #329, located at 653 West 6th Street, owned by E. H. Sonneman and Beatrice M. Sonneman, husband and wife, as sellers; and Cleve Carlisle and Vicki Carlisle, husband and wife, and Earl Gilbert and Kathy Gilbert, husband and wife, as buyers, as more fully set forth in the legal description attached hereto as Exhibit "B " Section 2. The City Council hereby determines that the immediate acquisition of the above-described easements by eminent domain proceedings are necessary for the City to provide efficient water services; such water services 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. 9 38565 Page 2 Ordinance No. 3717 July 7, 1993 PASSED AND APPROVED this 6th day of July 1993 . APPROVED : By: F ed Hanna, Mayor ATTEST: 0 By: YLA4� C2 Sherry & Thomas, City Clerk i. pryl//IIIIIII 93 38566 EXHIBIT "A" TRACT #327 PROPERTY OWNERS : CAMPBELL SOUP COMPANY PROPERTY DESCRIPTION: Parts of Lot Nine (9) and Lot Seventeen (17) in Block Fourteen (14) of Ferguson's Addition to the City of Fayetteville, Arkansas, said Lots being located in the Southwest (SW 'A ) of the Southeast Quarter (SE 'A) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, as described in Deed Book 459 at Page 391 , Book 986 at Page 723 and Book 540 at Page 368 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT that part of said property in the possession of and/or conveyed to the Arkansas State Highway Commission. PERMANENT EASEMENT DESCRIPTION : A permanent utility easement located along and contiguous to the North right of way line of Arkansas Highway 180, being more particularly described as follows: From the Northwest corner of said SW 'k of the SE 'k , thence South 02012'42 " West 959.26 feet to a point; thence South 87047' 18" East 574.35 feet to a point on the North right of way line of Arkansas Highway 180 for the Point of Beginning; thence along said North right of way line, North 8706'25 " West 10.00 feet thence North 46048'20" West 15 .85 feet; thence North 86051 '41 " West 10.00 feet; thence leaving said North right of way line North 03008' 19" East 25 .00 feet; thence South 860 51 '41 " East 7.00 feet thence South 41047'00" East 35 .53 feet; thence South 02053 '35 " West 10.00 feet to the Point of Beginning, LESS AND EXCEPT that portion of the above described easement contained within the public alley situated between said Lots 9 and 14, as recorded in Plat Book 4 at Page 222 in the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said permanent utility easement containing after said exception 385 square feet, more or less. EXHIBIT "B" TRACT #327 PROPERTY OWNERS: E.H . SONNEMAN and BEATRICE M . SONNEMAN, husband and wife, as sellers; and CLEVE CARLISLE and VICKI CARLISLE, husband and wife, and EARL GILBERT and KATHY GILBERT, husband and wife, as buyers. PROPERTY DESCRIPTION: Part of Lot Eleven (11) in Block Twenty-three (23) of Ferguson's Addition to the City of Fayetteville, being a part of the Southeast Quarter (SE 'A) of the Southwest Quarter (SW 'A) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, as described in Deed Record 92-67375 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT that part of said property in the possession of and/or conveyed to the Arkansas State Highway Commission. PERMANENT EASEMENT DESCRIPTION : A permanent utility easement located along and contiguous to the South right of way line of Arkansas Highway 180, being more particularly described as follows: From the Southeast comer of the SE 'A of the SW 'A of said Section 16, thence North 02 ' 12'42" East along the East line of said SE 'A of the SW 1/4 a distance of 281 .03 feet to a point on the South right of way line of Arkansas Highway 180 for the point of Beginning; thence along said South right of way line North 72049'31 " West 45 .43 feet; thence North 86"51 '41 " West 50.00 feet; thence South 86051 '41 " West 41 . 12 feet to a point on the West line of said Lot 11 ; thence along the West line of said Lot 11 South 0209' 10" West 0.50 feet; thence leaving said West line South 8651 '41 " East 90.95 feet; thence South 02 `09' 10" West 22.00 feet; thence South 8721 '49" East 53 .57 feet; thence North 00024' 16" East 13 .20 feet to a point on the South right of way line of Arkansas Highway 180; thence along said South right of way line North 72049'31 " West 9.62 feet to the Point of Beginning, said permanent utility easement contains 1 ,434 square feet, more or less. 1, Alma Kcdlmeyer, Circuit Clerk and CLQ'.-TIFICATE Or RECORD Ex-officio rccc-r-r fcr v r^tYngton County, Ancanses, e i :••-r.,:;y c. .,ry .:,a, this In- State of Ar!:ensas ( eirumcnt c: f::cd for maid in my office <:ity of 1''2y t=ttCVllhb ( as indicated Ir. •.cn cn9 ti» came is now b.. Sherry Thomas, City Clerk and EX- duly rccordrt o:vledpamenr 0Mclo recorder for the City of Fay,,.kt` ly_e, do her•cby czriify that the and corl:fi.^- r :"m :n G,cord Book and 3'^ ?I•:?f3 ,3' SE;1'k`f„6i;2f; is of rec,3% d in iry _ _ C % lice 2nd the saine at.?Cars IT; IN YJI'K.;.S 1�. . ._:...�:, Ihave hereunro (ie's.ill3is C8 @[ RcsMill.ion O._•�:1•: X ✓ ! t sat my hand and affixed the seal of sold Wft1'11%,S& my Court on the date Indicated hereon. ay. S27i�qq tUs _day U3• Alma Kallmoyer Circuit Clerk and _:_IR ,......_. :._ .._ Ey-officio Recorder by ORDINANCE NO. 3717 outhwest (SW114) of- the. AN ORDINANCE ,AUTHOR- Southeast Quarter (SEI/4) IZING EMINENT DOMAIN of Section 16, Township 16 PROCEEDINGS FOR THE North, Range 30 West. Washington County, Arken- CT' TO OBTAIN PERMA­T S sus as described in Deed ACRO $TATE Of ARKANSAS NENT EASEMENTS Book 459 at Page 391 . 1 55. TRACT A PORTION OF . Book 986 at Page 723 and Count of Washington TRACT EST LOCATED AT Book 540 at Page 368 of y g 420 WEST 6TH STREET, OWNED M CAMPBELL the Office of the Circuit SOUP COMPANY (HER- Clerk and Ex-Officio ^ D ReCOr- IDEA FARMS ) : AND der of Washington County, I .t./� n1 l hereby certify that I ACROSS A PORTION OF Arkansas, LESS AND EX-EX- TRACT 0329. LOCATED AT DEPT that part of said prop am the publisher of THE ISORTHWEST ARKANSAS TIMES, a daily newspaper 653 WEST 6TH STREET, any In the possession of having a second class mailing privilege, and being not less than four pages of five OWNED BY E.H. SONNE and/or conveyed to the Ark- MAN AND BEATRICE M. arises State Highway columns each, published at a fixed place of business and at a fixed (daily) intervals SONNEMAN, HUSBAND Commission. continuously in the City of Fayetteville, County of Washington, Arkansas for more AND WIFE. AS SELLERS, PERMANENT EASEMENT than a period of twelve months, circulated and distributed from an established place AND CLEVE CARLISLE DESCRIPTION: Of business to subscribers and readersenerallof all classes in the Ci d C AND VICKI CARLISLE, A permanent utility ease- ment CityCounty located along end for a definite price for each copy, or a fixed price per annum, which price was fixed AND EARL GILBERT AND KATHY GILBERT, HUS- contiguous to the North at what is considered the value of the publication, based upon the news value and ser- BAND AND WIFE, AS BUY. right of way line of Arkan- vice value it contains, that at least fifty percent of the subscribers thereto have paid ERS. FOR WATER AND see Highway 180, being SEWER RELOCATION/ more particularly described cash for their subscriptions to the newspaper or its agents or through recognized news ADJUSTMENT IN THEI as follows: From the North- dealers over a period of a least six months; and that the said newspaper publishes an ' CONSTRUCTION OF HIGH- west corner of saitl SWIM WAY 180 of the SEI/4, thence South average of more than forty percent news matter. IMPROVEMENTS. 0212'42" West 959.26 feet to a point: thence south I further that the legal notice hereto attached in the matter of BE IT ORDAINED BY THE 87 47 1 o8o" East 574.35 er certify at g CITY COUNCIL OF THE feet to a point on the North right of way line of Arkan- ARKANSAS: CITY OF FAYE9-rEVILLE, gas Highway 180 for the point of Beginning; thence ' taeetion t. Ina, aria Cityalong said Nonh right ot, wasublished in the regular daily issue of said newspaper foz Council, authorizes and di- I way line. North 87'06'25" p g y reins the City Attorney of West 10.00 feet thence , consecutive insertions as follows: the City of Fayetteville. Ark- North 46'48'20 " West ansae to initiate legal action 15.85 feet: thence North 1 in order to obtain perma- 186'51 '41 " West 10.00 feet: The first insertion on the l day of 19 nen, water/sewer ease- ments on and over the theri n of way line Northce leasing said North property described below: 03.08'19" East line teak the second insertion on the day of 19 (A) Tact 0327, located at thence South 86'51 '41 ' !, 420 West stn Street. I East 7.00 feet mance South the third insertion on the da of 19 owned by Campbell Soup 41 .47.00" East 35.53 feet; y Company (Herider Farms). I thence South 02'53'36 " as more fully set forth in West 10.00 feet, to the and the fourth insertion on the yo 19 the legal description at- Point of Beginning, LESS / Lathed hereto as Exhibit AND EXCEPT that portion of the above described IBI Tact 0329, located at easement contained within the public alley situated be,wast E.H. street . Publisher General Manager and B by H. Sonnema , as en saitl Lots 9 and 14, end Beatrice M. Sonneman. as rage 22 in Plat Book 4 husband and wife. and Earl et the 222 in the records of the Office of the Circuit Gilbert and Kathy Gilbert. Clerk and Ex-0fficio Recor- Sworn [o and subscribed before me on this day of husband and wife, buy- der of Washington County,ounty, ars, as more fully set forth grkansas, said permanent in the legal description at- I utility easement containing 19 tached hereto; as Exhibit{ atter said exception 385 �B_ square feet, more or less. Seetion 2. The City Coun- EXHIBIT 'B' cil hereby determines that ' the immediate acquisition TRACT 0327 Lary Public of the above-described PROPERTY OWNERS: E.H. easements by eminent do- I ( SONNEMAN and BEATRICE main proceedings are M. SONNEMAN, husband necessary for the City to , and wife. as sellers; and My Commission Expires: ). provide efficient water ser- { '' CLEVE CARLISLE and VICKI vices: such water services) CARLISLE, husband and are essential to the public wife. and EARL GILBERT I 1 health. safety and welfare. and KATHY GILBERT, hus- Therefore, an emergency is band and wife, as buyers. G hereby declared to exist IPTION: l D -'. and this ordinance beingPROPERTY DESCR51 necessary for the publicFees for Printing $ health. safety and welfare Part of Lot Eleven 1111 In g shall be in full force and of- Block Twenty-three (23) of fact from and after its pas- Ferguson's Atltlition to the Cost of proof $ sage and approval. City of Fayetteville. being a �$ ( Ordinance No. 3717part of the Southeast Dust- ' - ter is E1/4) of the South- $ Total $ ' July 7, 1993 west Quarter (SW1/41 of ' PASSED AND APPROVED Section „16. Township 16 I ' this 8th day of July, 1993. North. Range 30 West, - APPROVED: Washington County, Aiken- By: Fred Hanna, Mayor sins as described in Deed ` ATTEST' Reoord 92£7375 of the Of- By: Sherry L. Thomas, five of the Circuit Clerk and. City Clerk Ex-Officio Recorder of EXHIBIT 'A' Washington County. Arkark' (' TRACT 0327 gas, LESS AND EXCEPT ( PROPERTY OWNERS : that part of said propety in CAMPBELL SOUP the possession of antl/or , r COMPANY 1 conveyed to the Arkansas ' PROPERTY DESCRIPTION: State, Highway Commission. Parts of Lot Nine (9) and PERMANENT EASEMENT ' Lot Seventeen (17) in Block I DESCRIPTION: Fourteen (14) of Ferguson's Addition to the City of Fay- q permanent utility ease- Iettevllle, Arkansas. said men, locatetl along andf Lots being located in the contiguous to the South ) right of way line of Arkan- sas Highway 180, being I more particularly described, as follows: From the South- east outh east corner of the SE1/4 of the SWI/4 of said Section 16, thence North 02'12'42" East along the East line of said SEI/4 of the SWI/4 a distance of 281 .03 feet to a point on the South right of way line of Arkansas High way 180 for the point of Beginning: thence along; said South right of way line North 72-49'31 ' West 45.43 feet; thence North 88'51 '41 " West 50.00 feet: thence South 86'51 '41 " , West 41 .12 feet to a point on the West line of said Lot 11 ; thence along the West line of said Lot 11 South 02'09'10" West 0.50 feet; thence leaving said Wast line South 86'51 '41 " East 90.95 feet; thence ' South 02009' 10 " West 22.00 feet; thence South : 87'21 '49" East 53.57 feet: ( thence North 00'24'16' East 13.20 feet to a point on the South right of way line of Arkansas Highway 180; thence along said South right of way line North 72'49'31 " West 9.62 feet to the Point of Begin- ning, said permanent utility easement contains 1 ,434 square feet. more or lass.