HomeMy WebLinkAboutOrdinance 3791 Fill- ED FOR. RECORiD .
094 MflY S flm 8 05
ORDINANCE NO. 3791 WASHINGTUN WAR
A . KOLLMEY+ER
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE PROPERTY , OWNED BY MS.
FRANCIS SOPKO, FOR A PRINCIPLE ARTERIAL
CONNECTING CROSSOVER ROAD AND HAPPY HOLLOW
ROAD, AS SET OUT IN THE CITY'S MASTER STREET
PLAN .
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 approximately 0.46 acres,
2000 feet in length, tapering from 30 feet to 0 feet in width, for street right-of-way over and
across property described below:
See Exhibit "A " attached hereto and made a part hereof.
Section 2. That Mr. Bill Underwood, developer of the Cliffs Subdivision, shall pay
100% of the costs associated with the eminent domain action, including but not limited to survey,
appraisal, court costs, compensation to the property owner as determined by negotiations or a
jury, and shall also pay 100% of the cost of construction of said street right-of-way.
Section 3 . The City Council hereby determines that the immediate acquisition of the
above-described property by eminent domain proceedings is necessary for the City to provide
efficient street right-of-way and that provision of efficient street right-of-way is 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 3rd day of May 1994.
APPROVED:
By:
ed Hanna, Mayor
ATTEST: /
erry L. Thomas, City Clerk
. . } . r 94027110
EXHIBIT "A"
A part of the SEI /4 of the NEI/4 of Section 14, Township 16 North, Range 30
West, Washington County Arkansas described as: Beginning at the Northwest
Corner of said SEI /4, NEI/4 thence S 8710'38 " E 30.44 feet along the north
line thereof to the westerly right-of-way line of Arkansas State Highway 265 ;
thence S 0004'23 " W 1252.78 feet along said westerly right-of-way line to the
west line of said SE1 /4, NE 1 /4; thence N 02 ' 40'51 " E 1252.49 feet along said
west line to the point of beginning containing 0.46 acres more or less.
9402'7111
f
CERTIFICATE OF RECORD
State of Ar'.ksn.sas i, Alma Kogrear for
Was'ai0=11 gtonClark aid
i ;4ty oo
or FayAteviile 5S Aro nmsicio Raco der y ccrti s4that this
s lr M
Sherry tbot"As, City Clerk and Ea- Arumcnt da -. - ycanifythatthisIo-
Officio recorder for the City of srument v.•c. f.:ni for rcord in my office
Fayetteville, do hereby certify that the as indiccted h..con and tho same is now
anacmAed or foregoing . Is of record in my duly rccorzLrd sv':h is o acknowledgement
effles and the same appears In and ccr;:Ccot . t:.raeninRecord Book and
Ordinance & Resolution bask XYLI 11 at Page as ine': thcroon.
page_ / 99 witness my Pan end IN NST\:.c.. Mr2 -0F, Ihave hereunto
gtal tNfg n, flay Of 57Ljest my hood and affixed the soul of old
19 e" Court on the date Indicated hereon
City Clerk d fts•Offlcio Recorder GAlma Kold
rcult ClAlma anand
Ex-officio Recorder
, t
STATE OF ARKANSAS
ss.
County of Washington
I• " ter G� �R hereby cer-
fore .- an emergency is: tify that I am the publisher of TA NORTHWEST ARKANSAS TIMES, a daily
2-*al Notices hereby declared to exisu newspaper having a second class mailing privilege, and being not less than foto pages of
and this ordinance P big five columns each, published at a fixed place of business and at a fixed (daily) intervals
ORDINANCE NO. TH health,necessary for the
AN ORDINANCE AUTHOR- health, safety and welfarecontinuously in the City of Fayetteville, County of Washington, Arkansas for more than
RING EMINENT DOMAIN shall be in full force and at-
PROCEEDINGS AC- fact from and after its 1»s-
aperiod of twelve months, circulated and distributed from an established place of business
O PROPERTY . saga and approval. to subscribers and readers generally of all classes in the City and County for adefmi[e price
OWNED
BY MS. FRANCIS PASSED AND APPROVED for each w or a fixed rice r annum, which rice was fixed at what is considered the
ASOPKO.RTERIAL
FOR A PRINCIPLE this 3rd day of May. 1994. Py P per P
ARTERIAL CONNECTING APPROVED: value of the publication, based upon the news value and service value it contains, that at
CROSSOVER ROAD AND By. Fred Hanna. Mayor least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
HAPPY HOLLOW ROAD. ATTEST:
AS SET OUT IN THE Sherry L. Thomas newspaper or its agents or through recognized news dealers over a period of at least six
CITY'S MASTER STREET City Clerk months; and that the said newspaperpublishes an average of more than forty percent news
PLAN.
BE IT ORDAINED BY THE EXHIBIT -A- matter.
CITY COUNCIL OF THE A part of the SE 1/4 of the
CITY OF FAYETTEVILLE, NE1/4 of section 14. Town-
ARKANSAS: ship 16 North, Range 30 I further certify that the legal notice hereto attached in the matter of
Section 1: That the City West, Washington County �, ^
��� :!)-7qCouncil authorizes and di- Arkansas described as: Be-dr7d 1 1 !1�1O
rei tY
s the city attorney of ginning at the Northwest �tC
the City of Fayetteville. Ark- Corner of said SE1/4, NE1/4
ansas to initiate legal action thence S 87'10438' E 30.44
in order to obtain approxi- feet along the north line was published in the regular daily issue of said newspaper for
mately 0.46 acres, 2000 thereof to the westerly
feet in length , tapering right-cif-way line of Arkan- consecutive insertions as follows:
from , feet 0 feat in sae State Highway 285; y _ f
width, for street right-of- thence 5 0004 ' 23 " W �ai41'—
way over and across prop- 1252.78 feet along said The first insertion on the da of 19
erty described below: westerly right-of-way line to
SEE EXHIBIT "A" attached the west line of said SE1/4.'
hereto and made a part HE 1/4; thence N 02'40'51 " the second insertion on the day of 19
hereof. E 1252.49 feet along said
Section 2. That Mr. Bill west line to the point of
Underwood. developer of, beginning containing 0.46 the third insertion on the day of 19
the Cliffs Subdivision, shalt acres more or less.
Pay 100% of the copts as-
sociated with the eminent and the fourth insertion on the day of 19
domain action, including but
not limited to survey, ap-
praisal. court coats. Com-
pensation to the property
owner as determined by
negotiations or a jury, and
shall also pay 100% of thoi MAY 1 8 1994
cost of construction of said Publisher / General Manager
street rigthof-way.
Bl heretion Y The City C that FINANCE DEP_TR
nthhereby determines that
the immediate acquisition
of the above-describedantdomain property eminent ne tlomary
proceedingsthCity
is necessary
effi-
for the City ig provide and
tient street right-cif-way end
'fthat provision of elficient .
{II
Sworn to and
subscribed before me on this I / —' day of
Notary Public
My Commission Expires:
og - o � - oi
Fees for Printing $ O
Cost of Proof $
Total
