HomeMy WebLinkAboutOrdinance 4055 ORDINANCE NO.-4k5-5
AN ORDINANCE AUTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR THE CITY TO OBTAIN LAND FOR
UTILITY EASEMENT PURPOSES FOR THE WHITE RIVER
WATER SYSTEM CONNECTION WITH THE CITY OF
FAYETTEVILLE ALONG HIGHWAY 45 AND LAKE
SEQUOYAH ROAD, FROM LAND OWNED BY THE HEIRS OF
OLIVER W. GATCHELL, JR.
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 easements and temporary
construction easements over and across the property described below for utility easement purposes
for the White River Water System connection with the City of Fayetteville along Highway 45 and
Lake Sequoyah Road:
See Exhibit "A" attached hereto and made a part hereof.
'` RASSED AND APPROVED this16AL day of September, 1997.
APPROVED:
By:
j6 Fr d Hanna, Mayor
ATTEST:
By:
Aao� 4a
Traci Paul, City Clerk
Exhibit "A"
Property Owners:
surviving spouse of Oliver W. Gatchell, Jr.,
Oliver W. Gatchell, III, and spouse,
David Butler Gatchell and spouse
Nancy E. Gatchell and spouse
Peter Gatchell and spouse
the Unknown heirs of Oliver W. Gatchell, Jr.
the Unknown Heirs, if any, of any of the above.
Property Description:
A part of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), AND
a part of the Southeast Quarter (SEI/4) of the Northwest Quarter (NW1 /4) of
Section Thirty-four (43), Township Seventeen (17) North, Range Twenty-nine (29)
West, described as follows: Beginning at a point marked by a pin on the centerline
of State Highway No. 45 as now located, said point is 805 feet East of the
Northwest comer of said S W 1/4 of the NW I/4; thence South 02°57' West 1321 feet
to an iron pipe on the South line of said SW 1/4 of the NW 1/4; thence East 797 feet
to an iron pipe on South line of said SEI/4 of the NW 1/4; thence North 04° East
1321 feet to a point 988.5 feet West of comer rock marking the Northeast corner
of said SEI/4 of the NWI/4; thence West 821 .5 feet to Point of Beginning, said
tract containing 25 acres, more or less, subject to an easement for roadway 20 feet
wide, extending from the Northwest comer of said tract South along the West side
thereof a distance of 435 feet for joint use of the lands on either side of said
roadway, LESS AND EXCEPT the following described property, to-wit: A part
of the said SWIA of the NW1/4 described as follows: Beginning at a point marked
by a pin on the centerline of state Highway No. 45 as now located, which point is
805 feet East of the Northwest corner of said forty-acre tract; thence South 02° 57'
West 1321 feet to an iron pipe on South line of said forty-acre tract; thence East
along the South line of said forty acre tract 185 feet; thence North 020 57' East 1321
feet, thence west 185 feet to Point of beginning, containing 5.6 acres more or less.
Permanent Easement Description:
A permanent easement described as follows: Begin at the point of intersection of
the west line of the grantor's above described property and the south right of way
line of Arkansas State Highway Number 45 and run thence North 88' 59' East
along said south right of way line a distance of 481 .985 feet to the beginning of a
curve to the right, said curve having a radius of 894.95 feet, thence continuing with
said right of way line along said curve a distance of 153.9 feet, more or less, to the
east line of the grantor's above described property; thence southerly along said east
line a distance of 20.0 feet; thence North 81 ° 15' West a distance of 49.5 feet;
thence South 89° 27' West a distance of 586.0 feet, more or less, to a point on the
west line of the grantor's above described property; thence northerly along said
west line a distance of 20.00 feet to the point of beginning. This permanent
easement contains 13,856 square feet (0.32), more or less.
The term "south right of way line of Arkansas State Highway Number 45" shall
mean a line sixty (60) feet south from and parallel with the centerline of the driving
surface of said Highway 45 as it exists at the time of this taking.
Temporary Construction Easement:
A temporary construction easement of thirty (30) feet equal and uniform width:
The north line of said temporary easement shall be the south line of the above
described permanent easement; said temporary easement shall commence at the
west line of the grantor's above described property and run thence easterly with the
above described permanent easement to the east line of the grantor's above describe
property. This temporary easement contains 19,019 square feet (0.44 acre), more
or less.