HomeMy WebLinkAboutOrdinance 3903 ORDINANCE NO. 3903
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN PERMANENT
EASEMENTS FOR THE CATO SPRINGS FLOOD CONTROL
PROJECT AS FOLLOWS : .025 ACRE LOCATED ON
PROPERTY AT 1749 S. SCHOOL OWNED BY DARREL cD
MEREDITH AND ETHEL F. MEREDITH; . 10 ACRE n C"
LOCATED ON LOTS 23 AND 31 IN BLOCK 9 OF rte`— m
PARKSDALE ADDITION TO THE CITY OF FAYETTEVILLE
OWNED BY RUBY M . ABEL, ADRIAN ANDREW ABEL, y o oT
TROY LEE ABEL AND LYNN EDWARD ABEL; AND . 19 20 ::0mz v
ACRE FOR PERMANENT EASEMENT AND . 10 ACRE FOR y Co.) 3 m
TEMPORARY CHANNEL IMPROVEMENT EASEMENT n ro v o
LOCATED IN PART OF BLOCK 12 OF PARKSDALE cin o
ADDITION TO THE CITY OF FAYETTEVILLE OWNED BY
CHARLES B. SANDERS, WINONA F. SANDERS AND
DEBRA L. SANDERS .
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 channel improvement easements on the property described below:
See Exhibit "A" attached hereto and made a part hereof.
PASSED AND APPROVED this 5t_ day of July 1995 .
APPROVED:
By:
4P 4; ��-
Fr"d(MHLna,' Mayor
ATTEST: \
Traci Paul, City Clerk L' ^ ' .
95034087
EXHIBIT "A"
TRACT NO. 104
PROPERTY OWNERS :
Charles B. Sanders
Winona F. Sanders
Debra L. Sanders
PROPERTY DESCRIPTION : (RE: Book 1091 at Page 728)
All of Block 12, LESS AND EXCEPT 130 feet off of the East end, Parksdale
Addition to the City of Fayetteville, 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 Southwest corner of said Block
12; thence North 03 G 04' 06" East 159 .70 feet to the Northwest comer of said
Block 12; thence running along the North line of said Block 12, North 83 � 26'
33 " East 47 .90 feet; thence leaving said North line and running South 08 30'
20" West 55 .40 feet; thence South 04 " 49' 40" East 113 .42 feet to a point on
the South line of said Block 12; thence North 87 ' 07' 54" West 57.56 feet to
the Point of Beginning, containing 0. 18 acre (7,867 square feet), more or less.
ALSO,
A permanent channel improvement easement to be used for channel access
purposes, being designated as part of Access B, and being described as follows:
Commencing at the Northwest comer of said Block 12; thence running along the
North line thereof North 83 " 26' 33 " East 47.90 feet to the Point of Beginning;
thence continuing along said North line of Block 12 North 830 26' 33 " East
30.62 feet; thence leaving said North line and running South 18 " 27' 50" West
0.25 feet; thence South 04" 10' 50" East 16. 12 feet; thence North 67 " 52' 05 "
West 34.02 feet to the Point of Beginning, containing 249 square feet (0.006
acre), more or less.
95034088
TRACT NO. 207
PROPERTY OWNERS :
Ruby M. Abel, Adrian Andrew Abel, Troy Lee Abel and Lynn Edward Abel
PROPERTY DESCRIPTION :
Lots 23 through 31 , inclusive, in Block 9 of Parksdale Addition to the City of
Fayetteville, Arkansas, as described in Deed Book 1234 at Page 26 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 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 .
A permanent channel improvement easement to be used for drainage purposes
and being described as follows: Commencing at the Southwest corner of the
above said Lot 23 Block 9, thence running along the South line of said Block 9
South 87 ' 23 ' 02 " East 46.78 feet to the Point of Beginning: thence leaving
said South line and running North 700 36' 15 " East 121 . 85 feet to a point on
the East line of Lot 24 of said Block 9; thence running along the East line of
Lots 23 and 24 of said Block 9 South 02 " 18' 37" West 45 .90 feet to the
Southeast comer of said Lot 23 ; thence running along the South line of said Lot
23 North 87 " 23 ' 02" West 113 .20 feet to the Point of Beginning, and
containing 0.06 acre (2,585 square feet) , more or less.
ALSO,
A permanent channel improvement easement to be used for access purposes,
hereby designated as "Access E" , and being described as follows: Beginning at
the Southwest corner of Lot 23 of said Block 9 and running along the West line
thereof North 02 " 23 ' 10" East 25 .00 feet to the Northwest comer of said Lot
23 ; thence running along the North line of said Lot 23 South 87" 23 ' 02" East
108.72 feet; thence leaving the North line of said Lot 23 South 700 36' 15 "
West 66.70 feet to the South line of said Lot 23 ; thence running along the south
line of said Lot 23 North 870 23' 02" West 46.78 feet to the Point of Beginning
and containing 0.04 acre ( 1 ,944 square feet), more or less.
95034E089
TRACT NO. 305
PROPERTY OWNERS:
Darrel Meredith and Ethel J. Meredith, husband and wife.
PROPERTY DESCRIPTION :
A tract of land located in the Northwest Quarter (NW '/a) of the Southeast
Quarter (SE 'A) of Section 21 , Township 16 North, Range 30 West, as described
in Deed Book 1187 at Page 155 of the records of the Office of the Circuit Clerk
and Ex-Officio Recorder of Washington County, Arkansas, as follows :
Beginning at the Southwest corner of said 40 acre tract and running thence East
198 feet; thence North 09 ' 30' 00" East 107 feet to the Point of Beginning;
thence South 89 " 19' 00" East 431 feet to the previous West right of way line
of Highway 471 ; thence North 080 00' 00" East 210 feet; thence North 820 32'
00" West 150 feet; thence North 09` 27' 42 " East 130.68 feet; thence South
86' 10' 00" West 287 feet; thence South 070 57' 43 " West 335 .28 feet to the
Point of Beginning and containing 2.96 acres, more or less, and subject to that
portion which now lies in Highway 471 on the East side.
PERMANENT CHANNEL IMPROVEMENT EASEMENT DESCRIPTION:
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.
A permanent channel improvement easement to be used for drainage purposes
and described as follows: Commencing at the Southwest corner of said NW 'A
of the SE '/a ; thence South 860 54' 33 " East 198 .00 feet; thence North 120 35 '
27 " East 107 .00 feet to the Southwest corner of the above described property;
thence North 110 03 ' 10" East along the West line of the above described
property a distance of 311 .42 feet to the Point of Beginning; thence continuing
along said West line North 11 ' 03' 10" East 23 . 86 feet to the Northwest corner
of the above described property; thence running along the North line of the
above described property North 890 15 ' 27 " East 93 . 60 feet; thence leaving said
North line and running South 75 ' 54' 54" West 101 .20 feet to the Point of
Beginning. This easement contains 0.03 acres ( 1 ,093 square feet), more or less.
95034090
I, KaNean Herneas, Circuit Gerk and
Ex•o;ficio ReCOrder for Washington
Count}, Arkarasa, do heratry cwti y that
thtc fnatrurnint Was fltcd for reoprd In my
ofticn as ind!cat_^d harem aad tiro aeme
la ro:f dWy roobrd.yJ vr;fh Ct0 acknovt
Ie600mt'nt a.rx! cartiilccto thereon in
RecorS Book end PaV as Indloated
thereon.
IN VdRtdESS ''vWlEFlEOF, I have hero.
unto M my hand and a"fixed the seal of
said Court ori the date Indicated hereon
Kath:.;;n Harness
Ci Muft Clad( and
Etcaffi `lo Recorder
STATE OF ARKANSAS l
J} ss.
County of Washington
I, hereby cer-
tify that I am the publisheylf THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second Mss mailing privilege, and being not less than four pages of
five columns each, published at a fixed place of business and at a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County for a definite price
for each copy, or a fixed price per annum, which price was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper or its agents or through recognized news dealers over a period of at least six
months; and that the said newspaperpublishes an average of more than forty percent news
matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows: (n,;
The first insertion on the I day of 19
the second insertion on the day of 19
the third insertion on the day of 19
and the fourth insertion on the day of 19
96=
E Publisher / General Manager
JJL 2 e 1995
Fi%'A1N`CE CENT.
Swom to and subscribed before me on this /q1 day of
19 /
CBLtletine Sall t Notary Public
Notary Public, State of Arkansas ;
My Commission Expires: x WBSII1rtgt0a colmty +
t
My Commission Expires 01/27/05 s
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Fees for Printing —$
Cost of Proof $
Total $
above Said Lot 23 Block 9 which, may ary. ,form the
which may vary from the r
[ en<e r,bnn n algny ' the bearing system,previously
bear ng systamapra�iou91Y ; South line "Of �-bd�block� 9 used -in describing [he sub-
ng in describing the 'sub- South 87 degree 23'02" led property
]act property. East 46 . 78 feet to the -
permanent channel im- POint of Beginning: [hence A permanent channel im-
provement
mant easement to leaving said South line and provemen[ easement to be
usatf for drainage purposes running North 70 degree used for drainage purposes
and tieing described as fol- 36' 15" East 121 .85 feat to and described as follows:
-lows: Beginning at the a point on the East line of Commencing aLthe South-
Southwest corii8r Of said Lot _24 of saitl ' Block 9; west, corner,ot:said:NW 1/4
Block 1": tM1ance North 03 thence running along the oltha SE 1/4; thence South
degree. 04'06' .East 159,70 East line of Lo[s 23 antl 24 86 degree 54'33 " East
feet to the Noithwest Cor- of said Block 9 South 02de. 198.00 feet: thence North
nor of Said . BIOck 12; gree 18 '37 - West 45.90 12 degree 35' 27 - east
he feat to the Southeast cor- 107 .00 feet to the South-
[hence rushing along tNorth line of said Block he ner of Said Lo[ 23: thence west corner of, the above
North 83 degree 26' 33 " running along the South described property; thence
East 47 .90 teal thence line of said Lo[ 23 North 87 North 11 - degree 03 ' 10"
leaving said North line and tlegree ^_3'02- West 113._20 Eastpiong: th4,West line of
running South 08 tlegree teat to the Point . be the,above described prop-
30' 20" West 55.40 feet: ping, and containing 0 96 arty a distance, of 311 . 42
thence South 04 degree acre (2, 585 square feet), . feet to the POint of Begin-
I_
O9309 I . more or lass sing - y [he��ce,��++ continuing
49 40 East 113 4 feett��to� S � ) a�ongr a tl W«es Mine North
a,pontron the Soul h�Ina'Cofi V
�3 5atl Blockll ' [hboce North ALSO] t 411 tlegree t03�12,0" East
AN ORDINANCE AVTHOrR ! . n' a ) t - 2386 feet to [he Northwest
IZING EM IN ENT : DOM IN d87 degree 07 $41 West a I , . 11
PRQGEEDIN GS FOR TME 5.7 $6 feet to the PO nt o`'f P`?ymana nt channel m corner of the above tle-
CITY TO OBTAIN PER - Beg inn Ing contalllnlgg 0 ItB Pry me` easem Snt_itp be scubed prop�tyythance
NENT EASEMENTS FOR .acre (7 867 "S gLara leet1, setl o accessapurposes running along [tie Inn line
THE CATO „SPRINGS' 1 T ' 4rhereb tleslgnated'as %Ac dtdlhe ra be a §described
more or less. t. aa a
tl + - + - ' a<es5 -k-�khdk6emg de property Nortth Cdegree
FLCIOD CONTROL PRO- ALSO, scribed as follows: Begin 15' 27 East 916 feet;
JECT AS FOLLOWS: .025 ning atone Southwest car. thence leaving 'saitl Norlh
ACRE LOCATED ON PROP- A ,permane permanent channel im ncr'of. Lot 23 0l seiA 'block line and runs ng;.South 75
OWND 1749 S. SORREL 9 and running along the degree 54 54 ;West 101 .20
OWNED BY DARREL used for easement to be ..>�
MEREDITH AND ETHEL F . used for channel access Wast line [hereof North 0 feet to the ia,a of Begin-
ME€3EDITH; . 10 ACRE FOR Purposes. being deSlgnate4 degree 10 E¢td2.5 00 yiij, , ;T" s ease`.m ant con-
TEMPORARY CHANNEL as paRNbf `Access -B 'antl J&ionto :the Northwestrcor. iairTs 0.03 aTcres - ( 1 ,093
IMPROVEMENT EASE- being described as follows. nor of said Lot 23. thence square feet), more orless. _
MENT LOCATED IN PART" Commencing at`the'North- running along the 'North line`
OF BLOCK 12 OF PARKS. `^test corner of said Block of said Lot 23 South 87 de-
12;ADDITION TO , THE 12; thence 'running along gree 23'02 ' East 108.72
CITY bF FAYETTEVILLE the NOrih line thereof feet: thence leaving the
OWNED BY CHARLES B . North 83 degree 26'33 ' NOrth line of said Lot 23;
SANDERS, WINONA F. East 47 .90 feet to the thence running along the
Point of Beginning; thence south line of said Lot 23 [y `_'
1
SANDERS. continuing along said North North B7 degree 23 '02 - H
SANDERS AND DEBRA L. ' J LS V
line of Block 12 North 83 West 46.78 feet to the
degree 26'33 ' East 30.62 Point of Beginning and con-
BE IT ORDAINED F THE feet; thence leaving said joining 0.04 acre ( 1 ,944 Jul 2 /1 1` 95 Jf1C
CITU COUNCIL OF THE North . line and runningsquare teat), more Or less. UV Y JJ
CITU OF FAYETTEVILLE,
ARKANSAS: South 18 degree 27 '50 ' TRACT NO.305
West 0.25 lest: thence [r ^ In I 1`�Jp
Section 1 . That the City South de 10'50' PROPERTY OWNERS t o"` IrE dLe
Council hereby authorizes East 16.6.12 feat:act: thence
and directs the city attorney North 67 degree 52 .05 '
redih and Ether
of the City of FAyetteville, West 34 .02 . feet to the JDa er�e`d Eh dh[us ba nd and
Arkansas to initiate legal ac- Point of Beginning, contain- wife.
' tion in order to obtain per. ing 249 square fact (0.0006
manent and temporary acre), more or less. PROPERTY DESCRIPTION:
channel improvement ease TRACT' NO. 207
ments on the property de A tract of land located in
scribed below: PROPERTYOWNERS; the Northwest Quarter (NW
I/4) of the Southeast Quar-
See Exhibit ' A" attached Ruby M . Abel. Adrian An- ter (SE 1 /4) of Section 21 ,
hereto and made a pan he.
7ro Lea Abel Township 16 North, Range
reef tlrd L nn Ed V 30 WEst. as described in
and Lynn Edward Abel Deed Book 1187 at Page
PASSED AND APPROVED PROPERTY DESCRIPTION: 155 of the records of the
this 5th day of July. 1995. Office of the Circuit Clerk
Lots 23 through 31 . inclu- and Ex-Officio Recorder of
APPROVED: sive, in Block 9 of Parks- Washington County, Arkan-
dale Addition to the City of sas. as follows: BEginning
By Fred Hanna, Mayor Fayetteville, ARkansas, as at the Southwest corner of
described in Deed Book Said 40 acre tract and run-
ATTEST: 1234 at Page 26 Of the re- ning thence East 198 feet:
cords of the Office of 1110 thence North OB degree
By Traci Paul, City Clark Circuit Clerk and Ex-Officio 90'00" East 210 feet;
Recorder of Washington. thence North 82 degree
EXHIBIT 'A" County, Arkansas 32'00' West 150 feet
thence North 09 degree
TRACT NO. 104 PERMANENT CHANNEL 2742 - East 130.68 feet:
IMPROVEMENT EASE- thence South 86 degree
PROPERTYOWNERS MENT DESCRIPTION: 10'00- West 287 feet:
thence South 07 degree
Charles B. Sanders The bearings for this de- 57'43" West 335.28 feet of
Winona F. Sanders scription are based on the the Point of Beginning and
Debra L. Sanders City of Fayetteville Global containing 2.96 ares, more
Positioning Satellite. System. . or ) ssMand subject to that
PROPERTY DESCRIPTION:. which may vary from the Portion which now lies in
(RE : Book 1091 at Page bearing system previously Highway 471 on the East
728) used in describing the sub sica.
PERMANENT CHANNEL. Tact property, :VP ERANENT' CHANNEL
IMPROVEMENT EASE'- "A permanent channel im- IMPROVEMENT EASE-
MENTDESCRIPTION; provemen[ easement:to be MENT DESCRIPTION:'
The bearings for these tle- used for drainage purposes The bearings for this de
The being tlascribatl as fol- scri tion are basad on the
scriptions are based on the lows: Commencing al the -scrip
tion
of Fayetteville Global Southwest corner of the Ciiy of Fayetteville Global
Positioning Satellite System; r� - Positioning Satellite system,