HomeMy WebLinkAboutOrdinance 3883 FILED FOR RECORD
' 95 RPR 3 PPI 12 54
WASHINGTuN CO AR
K. HARNESS
ORDINANCE NO. 3883
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN ABANDONED
RAILROAD RIGHT-OF-WAY TO BE USED FOR PERMANENT
EASEMENT AND TEMPORARY EASEMENT BY THE CITY
AND U . S. ARMY CORPS OF ENGINEERS IN CONJUNCTION
WITH CATO SPRINGS BRANCH AND TOWN BRANCH
DRAINAGE AND FLOOD CONTROL 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 abandoned railroad right-of-
way to be used for permanent easement and temporary easements by the City and U . S. Army
Corps of Engineers in conjunction with Cato Springs Branch and Town Branch Drainage and
Flood Control Project.
See Exhibit "A" , attached hereto and made a part hereof.
PASSED AND APPROVED this 21st day of March 1995 .
APPROVED :
By: 4 4nll /
red Hanna, Mayor
ATTEST-
By: �Cn
TTEST:By: n . [ �J
Traci Paul, City Clerk
95015798
Exhibit "A"
Abandoned Railroad Right of Way
Easement Descriptions
Propa y Descri to ion:
All of a 100 foot wide abandoned Railroad right of way lying between U. S. Highway
71 Business and Garland Avenue located in the South-Half (SYe) of Section 21 ,
Township 16 North, Range 30 West, Washington County, Arkansas.
Permanent Drainage and Access Easement:
A Permanent Drainage Easement being described as follows, to-wit: Commencing
at the Southwest (SW) corner of the North-Half (Nih) of the Southwest Quarter
(SWY4) of the Southwest Quarter (SWI/4) of said Section 21 and running South 87
07' 54" East 670.00 feet; thence North 02 10' 38" West 12.34 feet and North 12°
11 ' 28" East 147.40 feet to the Point of Beginning, said point being on the South line
of the abandoned Railroad right of way and the North line of the property described
1n Deed Book 1045 at Page 609; thence North 12° 11 ' 28" East 105.80 feet to the
South line of Block 11 of Parksdale Addition to the City of Fayetteville; thence North
83° 26' 33" East along said South line of Block 11 a distance of 64.35 feet; thence
leaving said South line of Block 11 South 03° 38' 10" East 69.20 feet; thence South
41° 58' 14" West 46.63 feet to the North line of Block 12 of Parksdale Addition to the
City of Fayetteville; thence South 83 26' 33" West with said North line of Block 12
47.90 feet to the Northwest corner of said Block 12; thence South 83° 26' 33" West
11 .93 feet to the Point of Beginning and containing 0.17 acre (7,362 square feet),
more or less. The bearings for this easement description are based on the City of
Fayetteville GPS System, which may vary from the bearing system previously used
in describing the subject property.
ALSO,
A Permanent Access Easement, herein designated Cato Springs Branch °Access B",
being described as follows, to-wit: Beginning at a point that is North 83° 26' 33"
East 47.90 feet from the Northwest corner of Block 12 of Parksdale Addition to the
City of Fayetteville, said point being on the South line of the abandoned Railroad
right of way; thence running North 410 58' 14" East 46.63 feet; thence South 67° 51 '
14" East 34.22 feet; thence South 18° 27' 50 West 15.95 feet; thence South 83° 26'
33" West 58.20 feet to the Point of Beginning and containing 0.03 acre (1 ,171 square
feet), more or less. The bearings for this easement description are based on the
City of Fayetteville GPS System, which may vary from the bearing system previously
used in describing the subject property.
Tem op rare Co=ruction and ACcess Ea menta
A Temporary Construction and Access Easement being described as follows: From
the Northwest corner of Block 12 in Parksdale Addition to the City of Fayetteville,
said corner also being a point on the South line of the abandoned Railroad right of
way, thence running along the North line of said Block 12 North 83° 26' 33" East
106.10 feet; thence North 18° 27' 50" East 15.95 feet to the Point of Beginning;
thence North 180 27' 50" East 25.43 feet; thence North W260 33" East 570.66 feet;
thence North 020 52' 44" West 62.63 feet; thence South 83° 26' 33" West 25.05 feet;
thence South 020 52' 44" East 37.58 feet; thence South 83° 26' 33" West 563.14 feet;
thence South 180 27' 50" West 39.75 feet; thence South 67 51 ' 14" East 25.05 feet
to the Point of Beginning and containing 0.37 acre (16,240 square feet), more or
less. The bearings for this easement description are based on the City of
Fayetteville GPS System, which may vary from the bearing system previously used
in describing the subject property.
95015'799
IA
1, K.-J :4een Hqrness, Cf=h C erh and
Cct.aey, Arlasnus, do henaby mrVfy that
Via rxxrjm.4" Fran Iftiad for rcmrd In my
ole" as ku>;card hen. n and the same
Is now duty recorded wYh the acknow-
k ,&ZwmrrY.idi and contl:cata thereon In
Record Bock and Pogo as Indloatad
thereon.
IM V rrNESS WHEREOF, I have here-
unto eat M. hand and affixed 'tie seal of
bald Couri an the data krSaaled hereon.
Kathleen Harness
Circuit Clerk and
Ex-oFi o F%Wrdar
by
ORDINANCE NO. 3880 City of Fayetteville, thence '•
SAN ORDINANCE AUTHOR- South 83-26'33" West with
IZING EMINENT DOMAIN, said North line of Block 12
IPROCEEDINGS FOR THE 47.90 feet to the Northwest
CITY TO OBTAIN ARAN- corner of said Block 12; STATEOFARKANSAS
DONED RAILROAD RIGHT- thence south 83'26'33 " Ss.
OF-WAY TO BE USED FOR West 11 .93 feet to the
'PERMANENT EASEMENT Point of Beginning and con- County of Washington ^
AND TEMPORARY EASE- raining 0. 17 acre /
MEDT BY THE CITY AND square feet), more orr less,
less.
U.S. ARMY CORPS OF EN The bearings for this ease- I, pe hereby cer-
GINEERS IN CONJUNC-- ment description are based
TION WITH CATO on the City of Fayetteville tify that I am the publisher of THE'NORTHWEST ARKANSAS TIMES, a daily
SPRINGS BRANCH AND GPS system. which may newspaper having a second class mailing privilege, and being not less than four pages of
TOWN BRANCH DRAIN- vary from the bearing sys-
AGE AND FLOOD CON- tem previously used in de- five columns each, published at a fixed place of business and at a fixed (daily) intervals
TROL PROJECT. scribing the subject continuously in the City of Fayetteville, County of Washington, Arkansas for more than
BE IT ORDAINED BY THE property. a period Of twelve months, and distributed from an established laceofbusiness
CITY COUNCIL OF THE ALSO, (R p
CITY OF FAYETTEVILLE, A Permanent Access Ease- ; to subscribers and readers generally of all classes in the City and County for adefnite price
ARKANSAS: ment. herein designated for each co p ' per prim Section 1. That the City Cato Springs Branch " Ac- copy, or fixed rim rannum, which ce was fixed at what is considered the
Council authorizes and di- cess 8 -, being described as value of the publication, based upon the news value and service value it contains, that at
rects the city attorney of follows. to-wit: Beginning at
the City of Fayetteville, Ark- a point that is North 83. 26' least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
ansas to initiate legal ac- 33 - East 47 . 90 feet from . newspaper Or its agents Or through recognized news dealers over a period Of at least Six
tion. in order to obtain the Northwest corner of
abandoned railroad right-of. Block 12 of Parksdale Addi- months; and that the said newspaperpublishes anaverage Of more than forty percent news
way to be used for perm a- tion to the City of Fayette- matter.
nen( easement and tempor- ville, said point being on
'ary easements by City and the South line of the aban-
V .S. Army Corps of Engi. doned Railroad right of way; I furter certify that the legal notice hereto attached in the matter of
nears in conjunction with thence running North y g
Cato Springs Branch and 41 '58' 14 ' East 41 ' 14 -
CatoTowBranch Drainage rch antl IhanCe South 67 '51 ' 14 -
Flood
7 46.63;
Flood Control Project. East 34. 22 feet; thence
'See Exhibit " A " , attached South 16'27 ' 50 - West
hereto and made a part 115,95 feel; thence South was published in the regular daily issue of said newspaper for
'hereof. '83'26'33 " West 58.20 feet
'PASSED AND APPROVED 4o the Point of Beginning consecutive insertions as follows:
,this 21st day of March, and containing 0. 03 acre
1995. ( 1 , 171 square feet), more or
APPROVED: less. The bearings for this The first insertion On the
By: Fred Hanna, Mayor easement description are, dayof 19
ATTEST: based on the City of Fayet-
By: Traci Paul :teville GPS System , which the second insertion on the
'City Clerk - may vary from the bearing day of 19
system previously used ins
EXHIBIT 'A" describing the subject
Abandoned Railroad Right propertythe third insertion on the day of 19
of Way` Easement Temporary Construction
Descriptions and Access Easement
Property Description A Temporary Construction and the fourth insertion on the day of 19
All of a 100 foot wide abil and Access Easement being
doned Railroad right of way described as follows: From
lying between (J . S. High- the Northwest corner of
way 71 Business and Gar- Block 12 in Parksdale Addi-
land Avenue located in thei tion to the City of Fayette-
South-Halt SI/Z) of Section Ville, said corner also being) p
21 , Township 16 North; a point on the South line of, 1Y L C E B V E Publisher General Manager
Range 30 West, Washing- .the abandoned Railroad'
ton County, Arkansasright of way. thence run-
Permanent Drainage and ening along the North line of
Access Easement said Block 12 North APR 13 1995
A Permanent Drainage 83'26'33- East 106. 10 feet:
'Easement being describetl thence North 18'27'50 "
as follows, to-wit: Com- East 15.95 feet to the Point riasarin - r1 7'
Imencing at the Southwest of Beginning; thence North ',� •� nEn
(SW) corner of the North. 18-27'50" East 25.43 feet;
'Half (N1 /2) of the South. thence North 83626'33 " �
west Quarter (SW1 /4) of East 570.66 feet; thence
the Southwest Quarter North 02'52 '44 " West '
(SWI/4) of said Section 21 62.63 teat: thence South
and I running South 83'26'33- West 25.05 feet; '
87'07'54- EAst 670.(0 feet; thence South 02-52"44 "
thence North 02' 10'38 " East 37.56 feet: thence
West 12.34 feet and North South 83'26'33 " West
12' 11 '28- East 147.40 feet 563. 14 feat; thence South Swom to and Subscribed before me on this day of
to the Point of Beginning, 18'27'50" West 39.75 feet:
said point being on the thence South 67651 ' 14 "
south line of the abandoned East 25.05 feet to the Point 19
Railroad right of way and of Beginning antl containing
the North line of the prop. 0.37 acre ( 16,240 square
id
erty described in Deed feet), more or less. The
'Book 1045 at Page 609; bearings for this easement ««««««««««< « < Y«<
thence North 12-11 '28 " description are based on 1 /aa.Le
East 105.60 feet to the the City Of Fayetteville GPS I 1. LLl Notary Public
South line of Block 11 of System , whmay vary
iCh 1 Notary Public, State Of Arkansas
Parksdale Addition to the from the bearing system 1
City of Fayetteville; thence previously used in describ- Washington County 1
North 83'26'33- East along ,ing the subject property. . _ My Commission E 1i4§:Commission Expires 02/27/051
said South line of Block I1 ((((((((((CCC(CCCCC<CC((C((<CCC(C(l
a distance of 64 .35 feet:
I thence leaving said South'
line Of Block I I South
03638' 10- East 69.20 feat; '
ihenfe South 41 '58' 14 -
West 46.63 leer to the
North Alpo of Block 12 of f g $ r-217 .Fees for Printin -_
N
Parkstlale Addition to The ; Cost of Proof $
Total $ � �