HomeMy WebLinkAboutOrdinance 3830 ` I ` ) '' OR RECORD
194 SEP 26 PM 1 52
14A8HINGI0N CO AR
A . KOLLMEYER
ORDINANCE NO 3830
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
AND TEMPORARY CONSTRUCTION EASEMENTS FOR
THE 36" WATER LINE-SOUTH, ACROSS A TRACT OWNED
BY LAURA MENEES AND LOCATED AT THE CORNER OF
VAN ASCHE DRIVE AND HIGHWAY 112 NORTH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS _
Section 1 . That the City Council hereby authorizes and directs the city attorney of
the City of Fayetteville, Arkansas to initiate legal action in order to obtain permanent and
temporary construction easement for the 36" Water Line-South on the property described
below:
See Exhibit "A " attached hereto and made a part hereof.
Section 2. The City Council hereby determines that the immediate acquisition of the
above-described easement by eminent domain proceedings is necesasry for the City to provide
efficient water services and that the provision of efficient water service 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 20th day of September 1994.
APPROVED :
By :
red Hanna, Mayor
ATTEST: �1
By : �l1lC' 2 [ x J
Traci Paul, CityClerk
I �^
Tr CLQ` '; ``•```
94058146
Exhibit "A "
PROPERTY DESCRIPTION :
A part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SEI /4) of
SEction 28, Township 17 North , Range 30 West, Washington County,
Arkansas, as conveyed in Deed Record 93-66851 of the Office of the Circuit
Clerk and Ex-Officio Recorder of Washington County, Arkansas, and described
as follows: Beginning at an existing fence corner on the East right-of-way of
State Highway 112, said point being 448.41 feet South and North 88 ' 44' 00"
East 22 .79 feet from the Northwest corner of said 40 acre tract; and running
thence North 88 ' 44' 00" East along an existing fence 454.40 feet; thence North
434.40 feet to the South right-of-way 454.40 feet to the South right-of-way of
an existing county road; thence South 89" 20' 00" West along the county road
right-of-way 454.40 feet; thence South 448 :41 feet to the Point of Beginning.
PERMANENT EASEMENT DESCRIPTION :
A thirty (30) foot wide permanent utility easement of equal and unifiorm width
located across a part of the above described property, said easement lying South
of and running parallel with and contiguous to the South right of way line of
Van Asche Drive and being 454 feet, more or less, in length, said easement
being fifteen ( 15) feet on both sides of the centerline of the easement, said
centerline being more particularly described as follows: from the Northwest
Corner of said NEI /4 of the SEI /4; thence along the West line of said NEI /4
of the SEI /4 South 02 " 19' 26" West 43 . 37 feet; thence South 87 " 34' 03 " East
25 .23 feet to a point on the East right of way line of Arkansas Highway 112 and
the Point of Beginning of said centerline; thence South 87 " 34' 03 " East 454.40
feet to the East line of the above descirbed property. This permanent utility
easement contains 0.31 acre, more or less. The bearings for this description are
based on the City of Fayetteville Global Positioning Satellite System, which may
vary from the bearing system previously used in describing the subject property.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION :
A temporary construciton easmement fifty (50) feet in width being parallel with
and contiguous to the above described permanent utility easmenet and situated
on the South side thereof, LESS AND EXCEPT any permanent structures or
concrete pads that may exist at the time of the water line construction. This
temporary construction easement contains 0.52 acre, more or less, and shall
terminate when the hereinabove referenced project has been completed and
accepted by the City of Fayetteville, Arkansas.
94058147
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AIM, �}_ -
ORDINANCE NO. 3830 PERMANENT EASEMENT- '
AN ORDINANCE AUTHOR- DESCRIPTION:
IZING EMINENT DOMAIN
PROCEEDINGS FOR THE -
easement r-
A thirty 1301 foot wide per
CITY TO OBTAIN PERMA- manent utility - -
NENT AND TEMPORARY equal and uniform width to
CONSTRUCTION EASE, catetl across a pert of the
MENTS FOR THE 36" WA- STATE OF ARKANSAS
TER LINE-SOUTH. ACROSS above described property,
A TRACT OWNED BY said easement lying South ss,
LAURA MENEES AND LO-
of and running parallel with County of Washin ton
CATED AT THE CORNER and contiguous to the Y g
OF VAN ASCHE DRIVE
South right Of way line of
i
Van Drive entl being
AND 11 I G H W A Y 1 1 2 feet, I,
NORTH. 454 feat, more or less. in C tU� L� � hereby cer-
length, said easement being - Gf that I am the publisher of HE NORTHWEST ARKANSAS TIMES, a daily
BE IT ORDAINED BY THE fifteen 1151 feet on both Y P Y
CITY COUNCIL OF THE sides Of the centerline of newspaper having a second class mailing privilege, and being not less than four pages of
CITY OF FAYETTE V ILLE, the easement, said center- five columns each, published at a feed lace of business and at a fixed (daily) intervals
ARKANSAS: line being more particularly P P Y)
described as follows: from continuously in the City of Fayetteville, County of Washington, Arkansas for more than
Section 1. That the City the Northwest Comer of a period of months, and distributed from as established lace of business
Council hereby authorizes said NEt/4 of the SE1/4; Pe P
and directs the city attorney thence along the West line to subscribers and readers generally ofall classes in the City and County for a definite price
of the City of Fayetteville, of said NE1/4 of the SE1/4 for each c0 Or a fixed rice r annum, which rice was fixed at what is considered the
Arkansas to initiate legal ac- South 02 ' 19' 28 West PY• P per P
non in order to obtain par 43.37 feet: thence South value of the publication, based upon the news value and service value it contains, that at
manent and temporary tort- 87'34'03" East 25.23 feet least fifty percent of the subscribers thereto have paid cash for thew subscriptions to the
straetlon easement for of a point on the East rigs[
on newspaper or ts a agents Or through recognized dl
nzenews eaers over a
38" Water Line-South on to way line of Arkansasih
g g g Period of at least six
the property described Highway 112 and the Point months; and that the said newspaperpublishes an average of more than forty percent news
below: of Beginning of said center-
line : thence South matter.
See Exhibit "A" attached 87'34'03" East 454.40 feet
hereto and made a pert to the East line of the
hereof. ' above described property. I further certify that the legal notice hereto attached in the matter Of
This permanent utility acre- /� � 2
cil hen y The City Cohn- mart contains 0.31 acre, L/!'1 ( cb ',io- iLao 3g 1�O
til hereby immediate
acquisition
that more i less. The bearing O
the immediate acquisition for this description are;
of the above-described based on the City of Fayet- was published in the regular daily issue of said newspaper for
easement by eminent do- teville Global Positioning
main proceedings is neces- Satellite System, which consecutive insertions as follows:
sary for the City to provide may vary from the bearing
efficient water services and system previously used in
mat the provision of effi- describing the subject The first insertion on the .0 /111:}2- � "I da of19�
tient water sarvice is es- property. Y
sential to the public health,
safety and welfare. There- TEMPORARY CONSTRUC-
fora , an emergency is ' TION EASEMENT the second insertion on the day of 19
hereby declared to exist DESCRIPTION:
and this ordinance being the third insertion on the
necessary for the public A temporary construction day of 19
health, safety and welfare easement fifty 1501 feet in
shall be in full force and ef- width being parallel with
fect from and after its pas- and contiguous to the and the fourth insertion on the day of 19
sage and approval. above described permanent
utility easement and si-
PASSED AND APPROVED' tuated on the South side
this 20th day of September,' thereof, LESS AND EXCEPT
1994, any permanent structures RECEIVE U
or concrete Pads that may
' APPROVED: exist at the time of the wa-
By: Fred Hanna. Mayor tar line construction. This Publisher General Manager
temporary construction OCT 04 199
ATTEST: easement contains 0.52 4
By: Traci Paul acre. more or less. ands
City Clerk shall terminate when the �� /t t11
hereinabove referenced Pro-
Exhibit
ro FI11j/tl\CE DEPT.
Exhibit 'A' ject has been completed
and accepted by the City of
PROPERTY DESCRIPTION: Fayetteville, Arkansas.
A part of the Northeast
Quarter (NEI /4) of the
Southeast Quarter ISE1/41
of Section 28, Township 17
North, Range 30 West, L
Washington County, Arke d
res, d 3-66851 in Deed `^.V\(—.1,
Record 93-86851 of die of- Swom to and subscribed before me on this day of
fice of the Circuit Clerk and, `-
_
Ex-Officio Recorder of , /� � A 19 (� r
Washington County. Arkan- \
sea, and described as fol- �J
Iowa: Beginning at an exist-
ing fence corner on the
East rightof-way of State
Highway 112, said point be,
Ing 448.41 feet South and Notary Public
I North 88.44'00" East 22.78
feet from the Northwest
corner of said 40 acre tract; My Commission Expires:
and running thence Northl
88.44'00" East along an ex-i l I^
isting fence 454.40 feet: ` A C '
thence North 434.40 feet to'l
the South right-of-way
454.40 feet to the South
right-of-way of an existing Q(�
county road: thence South Fees for Printing S
448.41 feet to the Point of
Beginning. Cost of Proof S
Total 5 uciq -9Gt,
