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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.