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HomeMy WebLinkAboutOrdinance 3897 FILED FOR RECORD, ' 95 JUN 23 Pfd 4 01 WASHINGTON CO ARr K . HARNESS ORDINANCE NO. 3897 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT CHANNEL IMPROVEMENT EASEMENTS FOR THE CATO SPRINGS FLOOD CONTROL PROJECT LOCATED IN BLOCK 10 OF THE PARKSDALE ADDITION , CITY OF FAYETTEVILLE, OWNED BY E.M. ADAMSON AND C.T. PEARSON 1R. . 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 permanent channel improvement easements on the property described below : See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this ?v day of June 1995. APPROVED: By: 141XI04c,T � Fred Hanna, Mayor J', (�R ATTEST: By : Traci Paul, City Clerk T _- 95031076 EXHIBIT "A" Property Description : All of Lot 24 and all that part of Lots 22 and 23 of Block 10 in Parksdale Addition to the City of Fayetteville , Arkansas , lying North of Town Branch , as described in Deed Book 895 at Page 844 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . Permanent Channel improvement Easement Description : The bearings for these descriptions 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 . A permanent channel improvement easement to be used for drainage purposes and being described as follows : Beginning at the Northeast corner of said Lot 23 ; thence running along the East line of said Lot 23 South 02030137 " West 13 . 98 feet to the centerline of Town Branch ; thence running along said centerline South 77031120 " West 59 . 35 feet ; thence South 69054150 " West 75 . 65 feet to a point 25 , 00 feet East of the West line of the SWI/4 of the SW1/4 of Section 21 , Township 16 North , Range 30 West ; thence running parallel with said West line , North 03 ' 04 ' 06 " East 27 , 90 feet to a point on the West line of said Lot 23 ; thence leaving said West line and running North 74 ` 41145 " East 133 . 30 feet to a point on the East line of Lot 24 ; thence South 02030137 " West 10 . 28 feet to the Point of Beginning , containing 3 , 010 square feet ( 0 . 07 acre ) , more or less . ALSO A permanent channel improvement easement to be used for channel access purposes , hereby designated as "Access F" , and being described as follows : Beginning at a Point on the East line of said Lot 24 , said point being North 02030137 " East 10 . 28 feet from the Southeast corner of said Lot 24 ; thence South 74 ' 41145 " West 133 , 30 feet along the North line of the above described permanent easement for drainage purposes to a point on the West line of said Lot 23 ; thence along the West line of said Lots 23 and 24 North 03004106 " East 50 . 00 feet to a point of the West line of Lot 24 ; thence leaving the West line of said Lot 24 and running South 83 ` 19109 " East 126 . 75 feet to the Point of Beginning and containing 3 , 162 square feet ( 0 . 07 acre ) , more or less . 950310'77 i, Kettusc T Nan rra, Circuit Clerk ano E^x_.,a.` hftLiM. aucT;or tur Washington C.C11fR(. SJ .m'Ml t1M`rJt1j C31'IttY that do ft4i for r000rd In my Wtim .te "skns3 tvw.,m rnd the same ie nor, rhea, rw^rxTEtd vRh the acknow- k :,rz; ,r`,t`n,ste ihoroon In PnTc�k ;px{C Arid Ftoo as hdcated U'�sRAI. IN VT'<f irp1OS VNiiF.cGF; I have hero- um , M tv.,i mt, &L-1.6d he seal of syyt Carrt r.:n ::s data trteaated nereon . Kath:lcn H�maO;a o=;t Mrk rrd Ex-otdco Mc"rdef STATE OF ARKANSAS ORDINANCE NO. 7587 County of Washington AN ORDINANCE AUTHOR. IZING EMINENT DOMAIN PROCEEDINGS FOR THE I, herebycer- CITY TO OBTAIN PERMA- NENT CHANNEL IMPROVE- tify that I am the publisherTHE NORTHWEST ARKANSAS TIMES, a daily MENT EASEMENTS FOR newspaper having a second cla mailing privilege, and being not less than four pages of THE FLOOD CONCATO CONTROL NGS SPRNGS Ifive columns each, published at a fixed place of business and at a fixed (daily) intervals . JECT LOCATED IN BLOCK continuously in the City of Fayetteville, County of Washington, Arkansas for more than 10 OF THE PARKSDALE ADDITION, CITY OF CALL aperiod of twelve months, circulated and distributed from an established place of business A . TEVILLE. OWNED BY E.M. to subscribers and readers generallyof all Classes in the City and County for adefmite price ADAMSON AND C .T. 54'50- West 75.65 feel to for each copy, or a fixed rice rannum, which rice was fixed at what is considered the PEARSON JR.. a point 25.00 feet East of py' P P BE IT ORDAINED BY THE the West line Of the SW 1/4 value of the publication, based upon the news value and service value it contains, that at CITY COUNCIL OF THE of the SW 1/4 of Section 21 . least fifty percent of the subscribers thereto have paid cash for their subscriptions to the Township 16 North, Range CITY OF FAYETTEVILLE, ' 30 West: thence running newspaper or its agents or through recognized news dealers over a period of at least six ARKANSAS: parallel with said West line. months; and that the said newspaper publishes an average of more than forty percent news Section 1 . That the City North 03 degrees 04'06 " East 27.90 feet to a point matter. Council authorizes and idi-ty rects the Oily attorney of on [ Was[ line of said' Lot 233;; thence leaving said the City of Fayetteville., Ark- West line and running I further certify that the legal notice hereto attached in the matter of ansas to initiate legal action - North 74 degrees 41 '45 " in order to obtain perma- East 133.30 feet to a point ' nent channel improvement on the East line of Lot 24; _���_/f_7A.p ) / easements on the property thence South 02 degrees ' described below: 30'37 - West 10.28 feet to Sea Exhibit "A " attached the Point of Beginning. con- was published in the regular daily issue of said newspaper for raining 3.010 square feet hereto and made a part he- i (0.07 acre), more or less. consecutive insertions as follows: roof. 1 I ALSO n PASSED AND APPROVED The first insertion on the Y14L L, da of 19 this 191h day of June. A permanent channel im . day of provament easement to be ' used for channel access ' the second insertion on the da of 19 APPROVED: By: Free tpurposes; hereby desig- 1 y Henna Mayor mated as Access F ', ancit ATTEST: By: Traci Paul. City being described as follows: the third insertion on the Beginning at a Point on the day of 19 Clerk ' East line of said Lot 24. 1 EXHIBIT OAff said point being North 02 ' and the fourth insertion on the da of property Description: degrees the37m East east y 19 An of Lot 24 and all that feet from the Southeast thenar of said Lot 24; part of Lots 22 and 23 of l . Block 10 in Parksdale Addi- thence South 74 degrees 41 '45 " West 133. 30 feat tion t0 the City of Fayette- along the North line of the , villa. Arkansas, lying North above described permanentl of Town Branch. as de- easement for drainage pur scribed in Deed Book 895 , poses to a point on the Publisher / General Manager at Page 844 of the records West line of said Lot 23; of the Office Of the Circuit thence along the West line p G T' _ i w L Clerk and Ex-Officio Recor- of said Lots 23 anR 6., 'iI d 24 , 8 Sri ej der of Washington County. . North 03 degrees 04.06 . 1 Arkansas. East 50.00 feet to a point Permanent Channel Ill of the West line of Lot 24; , JUL 0 7 1995 provae mnt Easement Da- thence leaving the West serlpter: line of said Lot 24 and run. The bearings for these de- ning South 83 degrees p� �t�' [p77 scriptions are based on the 19"09" East 126.75 feet to FI11)jtITCE DEP_1.a City of Fayetteville Global the Point of Beginning ands positioning Satellite System, tcoritaining 3, 162 square which may vary from the toot (0.07 acre), more Or bearing system previously less used in describing the sub - --- —� fact property. A permanent channel im - Sworn to and subscribed before me on this provament easement to be day of used forbeing drainage purposes 1/� ,t and being described as fol- \ \LA.I IAI AI 1vtl lows: Beginning at the 19 Northeast cornerof said Lot 23: thence running along the East line of said Lot South degrees 30'377 -- t Wast 13.3.98 teat to the cen- terline of Town Branch; ' Catherine Sall l Notary Public thence running along said t c centerline South 77 degrees t Noint y PabfiC. State Of Arkansas 1 31 '20" West 59. 35 feet; My Commission Expires t WashipgtmCounty r thence South 69 degrees 1 My Commission Expires 07127/05 f «cccccccccccccccc««ct? Fees for Printing —$ Cost of Proof $ Total .$