HomeMy WebLinkAboutOrdinance 4110 ORDINANCE NO. 4110 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN LAND FOR PARK PURPOSES WHICH IS LOCATED IN THE 400 BLOCK OF SUTTON STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Sectiol. 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 of property described below for park purposes: See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this -4�- day of August , 1998 . APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk Mayor veto 8 / 7 / 98 EXHIBIT "A" A PART OF LOTS NUMBERED TWO (2), THREE(3), AND FOUR (4), IN BLOCK TEN ( 10), IN MASONIC ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT ONE ( 1 ); THENCE N89°59'51 "E ALONG THE NORTHLINE OF SAID LOT ONE (1 ) 55 .00 FEET; THENCE S00°00'47"W 172 FEET; THENCE EAST 15.00 FEET; THENCE S00°00'47" W 172.00 FEET; THENCE EAST 15.00 FEET; THENCE S00°00'47" W 51 .00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89059'51 "E 43 . 12 FEET; THENCE NO2° 16'55"E 51 .04 FEET; THENCE N89059"5I T 81 .85 FEET; THENCE S00°00"47W 63.22 FEET TO THE CENTER OF THE BRANCH; THENCE ALONG THE CENTER OF SAID BRANCH. THE FOLLOWING BEARINGS AND DISTANCES; N89°031[5IT5 11 .05 FEET; N71 °39'06"E, 30.07; N64°27'26"E, 37.03 FEET, TO A POINT WHICH IS SIXTY (60) FEET EAST TO THE WEST LINE OF SAID LOT FOUR (4); THENCE LEAVING SAID BRANCH S00°00'47"W 127.46 FEET TO THE SOUTH LINE OF SAID BLOCK TEN (10); THENCE WEST 200.00 FEET TO A POINT WHICH IS SEVENTY (70) FEET EAST OF THE SOUTHWEST CORNER OF SAID BLOCK TEN (10); THENCE N00°00'47E 114.06 FEET TO THE POINT OF BEGINNING, CONTAINING 26.877. 1 SQUARE FEET (0.6170 ACRES), MORE OR LESS. FAYETTEVI LLE FILED IN W OFFICE"� THIS DAY OF116 ;; City Ckrk THE CITY OF FAYETTEVILLE, ARKANSAS I've August 7, 1998 Heather Woodruff, City Clerk City of Fayetteville Fayetteville Arkansas 72701 Dear Madam Clerk: Pursuant to my authority as Mayor of the City of Fayetteville, I hereby exercise the Mayor's power to veto the following ordinance passed by the City Council on August 4, 1998: ORDINANCE NO. 4110 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN LAND FOR PARK PURPOSES WHICH IS LOCATED IN THE 400 BLOCK OF SUTTON STREET I am vetoing this ordinance as I believe it is contrary to the public interest of the citizens of Fayetteville because: 1 . The exercise of eminent domain is one of the strongest powers of a municipality; and 2. I do not believe this is a judicious use of the power of eminent domain; and 3 . An overwhelming number of citizens have voiced strong objections to this seizure of private property in order to create a public park; and 4. The City Council has approved another park on Mt. Sequoyah not far from this location; and 5. I do not believe condemnation in this case is in the best public interest. I am therefore vetoing this ordinance. Please cause this exercise of the veto power of the Mayor to be laid before the next regular meeting of the Fayetteville City Council as required by law. Siely, UA" Fred B. Hanna Mayor 113 WEST MOUNTAIN 72701 501 -521 -7700 FAX 501 -575-8257