HomeMy WebLinkAboutOrdinance 4022 • FILED FOR RECORD
' 07 FEB 24 PM 2 49
WASHINGTON CO AR
K• HARiJESS
t,
ORDINANCE NO, 4 D 2 2
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN LAND FOR
RIGHT OF WAY PURPOSES AND TEMPORARY
CONSTRUCTION EASEMENT PURPOSES FROM LAND
OWNED BY JERRY D. SWEETSER AND THE HEIRS OF
PAUL E. TUNSTILL, OR JERRY D. SWEETSER, INC . , OR
MORNINGSIDE, INC. , LOCATED ON THE SOUTH SIDE OF
24TH STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the City Council authorizes and directs the city attorney of the City
of Fayetteville, Arkansas to initiate legal action in order to obtain fee simple title to the property
described below for right of way purposes, and a temporary construction easement on, over and
across the property described below:
See Exhibit "A " attached hereto and made a part hereof.
LAND APPROVED this l8th day ofFeb�ary , 1997 .
APPROVED :
syly / By :
red Hanna, Mayor
ATTES .
By :
Traci Paul, City Clerk
9'7,011054
4(
Exhibit "A "
Legal Description
PROPERTY OWNERS:
Jerry D. Sweetser and the heirs of Paul E. Tunstill, or Jerry D. Sweetser, Inc. ,
or Morningside, Inc.
FEE SIMPLE ACQUISITION DESCRIPTION:
A part of the Southwest Quarter (SW '/4) of the Northeast Quarter (NE '/4 ) of
Section Twenty-eight (28) , Township Sixteen ( 16) North, Range Thirty (30)
West, being more particularly described as follows : Commencing at the Northeast
corner of said SW '/4 of the NE '/4 and running thence South 02 ° 58 ' 20" West
90. 33 feet to the existing South right of way line of 24th Street for the Point of
Beginning; thence South 02° 58 ' 20" West along the East property line 6.98 feet;
thence North 80° 30' 00" West 168.22 feet; thence North 84 ° 07 ' 30 " West
145 . 70 feet; thence North 76 ° 42' 45 " West 50.83 feet to the existing South right
of way line of 24th Street; thence South 86 ° 46' 00" East along said existing
South right of way line 136.20 feet; thence continuing along said existing South
right of way line South 79 ° 59' 14" East 228 . 17 feet to the Point of Beginning ,
containing 3 ,083 square feet (0.07 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:
Property Descr' t� ion:
Part of the Southwest Quarter (SW V4) of the Northeast Quarter (NE 1/4 ) of Section
Twenty-eight (28) in Township Sixteen (16) North, Range Thirty (30) West, in
the City of Fayetteville, Washington County , Arkansas, more particularly
described as follows , to-wit: Beginning at a point which lies South 02° 51 ' 30"
West 60.0 feet from the Northeast corner of said forty acre tract, said point of
beginning being on the East line of said forty acre tract and on the South right of
way line of 24th Street; thence South 02° 51 ' 30" West with the East line of said
forty acre tract 930 feet; thence South 72 ° 04' 00" West 298 .45 feet; thence
South 02 ° 51 ' 30" West 220 feet to the South line of said forty acre tract; thence
North 86 ° 18' 00" West with the South line 1041 . 5 feet to the Southwest corner
of said forty acre tract; thence North 02° 52' 30" East with the West line of said
forty acre tract 224.04 feet; thence North 76 ° 32' 13 " East 270.06 feet; thence
ro11Q55
Page 2 4022
Ordinance No .
Exhibit A
North 130 37 ' 12" East 151 . 35 feet; thence North 530 58 ' 58 " East 626. 12 feet;
thence North 05 ° 00' 35 " East 415 .02 feet to the South right of way line of 24th
Street; thence Easterly with said South right of way line approximately 530 feet
to the Point of Beginning and containing 23 . 12 acres, more or less. LESS AND
EXCEPT 1 .44 acres, more or less, more particularly described as follows, to-wit:
Beginning at a point that is 518 .43 feet South and 749 .75 feet East of the
Northwest corner of the above mentioned forty acre tract and running thence
South 53 ° 58 ' 58" West along the existing property line 626. 12 feet; thence South
130 37' 13 " West along the existing property line 151 .35 feet; thence North 530
58' 58 " East 656. 16 feet; thence North 05 ° 00' 33 " East 129.93 feet to the point
of beginning. ALSO LESS AND EXCEPT that portion of this property
conveyed to the City of Fayetteville, Arkansas, as 24th Street right of way under
the above referenced project number.
Temporary Construction and Grading_ Easement Descriptio
A fifteen ( 15) foot wide temporary construction and grading easement across the
above described property , said easement being parallel with and contiguous to the
South right of way line of 24th Street between the East and West property lines,
and situated on the South side thereof. This temporary construction and grading
easement contains 7,889 square feet (0. 18 acre) , more or less.
9'7011056
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unto cel • 11 nd ca' ,.-:t xCU tho cool of
said Court on t. te date indceted hereon.
Kathleen Harness
Circu!t Clerk and
it; o Records!
by
ORDINANCE NO. 4022 TEMPORARY CONSTRUC. r` Us 11i rm � � �' lu
AN ORDINANCE AUTHORIZ- TION EASEMENT.'
ING EMINENT DOMAIN PRO. Property Description:
CEEDINGS FOR THE CITY TO Pan of the Southwest Quarter klAnt 0 6 1997
OBTAIN LAND FOR RIGHT OF (SW 1/4) of the Northeast
WAY PURPOSES AND TEM- Quarter (NE 1/4) of Section r,' a �r�°�
PORARY CONSTRUCTION Twenty-eight (28) in Township STATE OF ARKANSAS FINANCE DEPT•
EASEMENT PURPOSES Sixteen (16) North, Range Thir- i
FROM LAND OWNED BY JER. tY (30) West, in the City of 1 ss.
RY D. SWEETSER AND THE Fayetteville, Washington Coun. County of Washington
HEIRS OF PAUL E. TUNSTILL, ty. Arkansas, more particularly
OR JERRY D. SWEETSER, described as follows, to-wit: Be-
INC., OR MORNINGSIDE, ginning at a point which lies I, h Q hereby cer-
INC., LOCATED QN THE South o2° 5r 30• west so.o Gfy that I am the publisher of NORTHWEST ARKANSAS TIMES, a daily
SOUTH SAID OF 24TH feet from the Northeast corner
STREET. of said forty acre tract, said newspaper having a second class mailing privilege, and being not less than four pages of
BE IT ORDAINED BY THE point of beginning being on the five columns each, published at a fixed place of business and at a fixed (daily) intervals
CITY COUNCILOF THE CITY East line of said tarry acre tract
OF FAYETTEVILLE, ARKAN- and on the South right of way continuously in the City of Fayetteville, County of Washington, Arkansas for more than
'
SAS: line of 24th Street; thence aperiodof twelve months, circulated anddistribuled from an established placeof business
wont That the City Coun. South 020 51' 30• West with the to subscribers and readers genera(Iyofall classes intheCity andCountyforadefiniteprice
cil authorizes and directs the East line of said forty acre tract for each copy, or a fixed price per annum, which price was fixed at what is considered the
city attorney of the City of 930 feet; thence South 720 04'
Fayetteville, Arkansas to initiate 00• West 298.45 feet; thence . value of the publication, based upon the news value and service value it contains, that at
legal action in order to obtain South 020 51' 30• west 220 least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
fee simple title to the property feet to the scutili line of said for- newspaper or its agents or through recognized news dealers over a period of at least six
described below for right of way ty acre tract; Awe North 860
purposes, and a temporary 18' oo• West with the South line months; and that the said newspaperpublishes anaverage of more than forty percent news
and across easement on, over 1041 .5 feet to the Southwest mailer.
and across the property desert- corner of said forty acre tract;
bed below' thence North 02° 52' 30• East
'See Exhibit •A• hereof hereto 1 further certify that the legal police hereto attached in the matter of
and made a pan hereat. with the West line of said forty
PASSED AND APPROVED this etre tract 224.04 feet; thence
North 760
thence North
East 270.06
18th of February, 1997. �-.r> �� r�ilAQ'e I�JQr Oc
feat; thence North 130 37'
APPROVED: North
- I
BY: Fred Hanna East 151 .35 feet thence Nonh was published in the regular daily issue of said newspaper for `
Mayor 53° 58' 58• East 626. 12 feet;
ATTEST: thence North 05° 00' 354 East consecutive insertions as follows:
415.02 feet to the South right of
BY: Traci Paul way line of 241h Street; thence /�
City Clerk Easterly with said South right of The first insertion on the A
_ I dayof 19 7
Exhibitway line approximately 5feet
Legal Description 30 to the Point of Beginning and
PROPERTY OWNERS: containing 23.12 acres, more or the second insertion on the day of 19
Jerry D. Sweetser and the heirs less. LESS AND EXCEPT 1 .44
of Paul E. Tunstill, or Jerry D. , acres, more or less, more par- the third insertion on the day of 19
Sweetser, Inc., or Momingside, lculady described as follows, to
Inc. wit: Beginning at paint that is
,V,EE SIMPLE ACQUISITION 518.43 feet South and 749.75 and the fourth insertion on the day of 19
DESCRIPTION: feet East of the Northwest cor-
(SWA part 1 the Southwest NorQuatheast
net of the above mentioned for.
Qua ter ( E the Northeast . ty acre tract and running thence
Quarter (NE 1/4) of Section 1 South 53° 58' 580 West along
Twenty- 16)N North.
Township the existing property line
Sixteen (16) North, Range Thir- 626.12 feet thence South 130
ty (30) West being more partic- 37' IT West along the existing Publisher
n ml Manager
ularly described as follows: properly line 151 .35 feet;
Commencing at the Northeast ' thence North 530 58' 58• East
corner of said SW 1/4 of the 656.16 feet; thence North 050
NW 1/4 and running thence 00' 33• East 129.93 feet to the
' South 020 58' 20• West 90.33 point of beginning. ALSO LESS
feet to the existing South right AND EXCEPT that portion of
of way line of 24th Street for the this property conveyed to the
Point of Beginning; thence City of Fayetteville, Arkansas,
South 020 58' 20• West along as 24th Street right of way un-
the East property line 6.98 feet; der the above referenced proj.
thence North 80° 30' 000 West ect number.
168.22 feet; thence North 840 Temporary Construction and
07' 30' West 145.70 feel; Grading Easement Description: _ / /
thence North 76° 42' 450 West A fifteen (15) foot wide tempo- )<.h
50.83 feet to the existing South rery construction ar�d grading Swom to and subscribed before me on Oils day of
fight of way line of 24th Street easement across thetebove de- qqq
thence South 86° 46' 00• East scribed property, Said ease. y //�,- 0)
19
along said existing South right ment being parallel with and
/ /
of way line 136.20 feet; thence contiguous to the South right of
continuing along said existing way line of 24th Street between ([[y
South right of way line South the East and West property / ' -tell![[! 1
790 59' 140 East 228.17 feet to lines. and situated on the South �[[[ - 1
the Point of Beginning, contain- side thereof. This temporary [[[([[[[[[[
trig 3,083 square feet bear- construction and grading ease- c a G Sta10p Oil t 1 Notary Public
acre), more or less. The bear- ment contains 7,889 square c blit. t♦nty r
Ings for this description are feet (0.18 acre), more or less. 1JOlflTY hjn�tOttCO s0 ,��05
based on the City of Fayette- My Commission Expires: c Vf;j. rte acct
System,Global
Positioning maarytellite from - --_ l My Cpnlcrtn4cco nEccccccccccac
the bearing system previously tt_
used in describing the subject
property. ��'7
Fees for Printing $ a% 50
Cost of Proof $
Total $