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HomeMy WebLinkAboutOrdinance 4129 ORDINANCE NO, AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN LAND FOR THE OLD MISSOURI/ZION ROAD INTERSECTION IMPROVEMENTS FROM JILL R. JACOWAY. 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 fee simple title and easements over and across property owned by Jill R. Jacoway, as described below, for the Old Missouri/Zion Road intersection improvements: See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 15`^ day of December 1998. � r APPROVED: ((Il. l Fred Hanna, Mayor . i 'ATTEtS'fl. By �i Heather Woodruff, City CleiO ORD . 4129 EXHIBIT "A" Property Owner: Jill R. Jacoway FEF. gIMPLE: A part of the Northwest Quarter (NW'/4) of Southeast Quarter (SE'/4) of Section 24, Township 17 North, Range 30 West, being more particularly described as follows: From the Southeast comer of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of said Section 24, thence North 87°50'26" West 556.23 feet to the centerline of Old Missouri Road; thence North 41 °33'00" East along said centerline a distance of 463.40 feet to the Point of Beginning; thence 44°25'00" East along said centerline a distance of 179.75 feet; thence North 71 °24'38" East 155. 17 feet; thence South 02°24'00" West leaving said centerline a distance of46. 12 feet; thence South 67°20'58" West 39.50 feet; thence South 62°52'17" West 33.08 feet; thence South 67°00'43" West 27.24 feet; thence South 70°53'26" West 103 .91 feet; thence South 40°34'25" West 98.35 feet; thence North 44°54'02" West 25.24 feet to the Point of Beginning, containing 11 ,814 square feet (0.27 acre), more or less, including 6,964 square feet (0. 16 acre) in existing roadway. The bearings of 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. WATER/SEWER EASEMENT LEGAL DESCRIPTION PROPERTY DEC .RIPTION- A part of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section Twenty- four (24), in Township Seventeen ( 17) North, of Range Thirty (30) West, being more particularly described as follows, to-wit: Beginning at a concrete monument which is North 00' 19'36" East, a distance of 272.42 feet from the Southeast corner of said forty acre tract; thence North 87°59' 03" West, a distance of 180.69 feet to a concrete monument; thence North 47017' 00" West, a distance of 115 .31 feet to the centerline of Old Missouri Road; thence along said centerline North 420 03' 19" East, a distance of 179.75 feet; thence North 690 04' 26" East, a distance of 155. 17 feet; thence South 00°00' 30" West, a distance of 273 .46 feet to the point of beginning, containing 1 . 13 acres, more or less, Washington County, Arkansas. LESS AND EXCEPT: A part of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 24, Township 17 North, Range 30 West, being more particularly described as follows: From the Southeast comer of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of said Section 24, thence North 87150'26" West 556.23 feet to the centerline Ord . 4129 of Old Missouri Road; thence North 410 33' 00" East along said centerline a distance of 463.40 feet to the Point of Beginning; thence North 440 25' 00" East along said centerline a distance of 179.75 feet; thence North 710 24' 38" East 155. 17 feet; thence South 02° 24' 00" West leaving said centerline a distance of 46. 12 feet; thence South 67°20'58" West 39.50 feet; thence South 62° 52' 17" West 33.08 feet; thence South 67° 00' 43" West 27.24 feet; thence South 70° 53' 26" West 103.91 feet; thence South 40° 34' 25" West 98.35 feet; thence North 440 54' 02" West 25.54 feet to the Point of Beginning, containing 11 ,814 square feet (0.27 acre), more or less, including 6,954 square feet (0. 16 acre) in existing roadway. 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. PERMANENT EASEMENT D .SCRIPTION- A permanent easement lying along the Southeast side and being contiguous with the new Southeast Right of Way line of Old Missouri Road, being more particularly described as beginning at a point where the new Southeast Right of Way line of Old Missouri Road intersects the Grantor's Southwest property line; thence along said Southeast Right of Way line North 40'34' 25" East 98.35 feet; thence continuing along said Southeast Right of Way line North 70°53'26" East 39.62 feet; thence leaving said Southeast Right of Way line South 40°34'25" West 134. 14 feet to the Grantor's Southwest property line; thence along the Grantor's Southwest property line North 44°54'02" West 20.06 feet to the point of beginning, containing 2,325 square feet (0.05 acre), more or less, TEMPORARY CONSTRUCTION AND GRADING EASEMENT LEGAL DESCRIPTION A part of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section Twenty- four (24), in Township Seventeen (17) North, of Range Thirty (30) West, being more particularly described as follows, to-wit: Beginning at a concrete monument which is North 00°19'36" East, a distance of 272.42 feet from the Southeast comer of said forty acre tract; thence North 87°59'03" West, a distance of 180.69 feet to a concrete monument; thence North 47°17'00" West, a distance of 115 .31 feet to the centerline of Old Missouri Road; thence along said centerline North 42°03' 19" East, a distance of 179.75 feet; thence North 69004126" East, a distance of 155. 17 feet; thence South 00000' 30" West, a distance of 273.46 feet to the point of beginning, containing 1 . 13 acres, more or less, Washington County, Arkansas. LESS AND EXCEPT: A part of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 24, Township 17 North, Range 30 West, being more particularly described as follows: From the Southeast comer of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of said Section 24, thence North 87°50'26" West 556.23 feet to the centerline of Old Missouri Road; thence North 41 °33'00" East along said centerline a distance of Ord . 4129 463.40 feet to the Point of Beginning; thence North 44°25'00" East along said centerline a distance of 179.75 feet; thence North 71 °24'38" East 155 . 17 feet; thence South 02°24'00" West leaving said centerline a distance of 46. 12 feet; thence South 67°20'58 West 39.50 feet; thence South 62052'17" West 33.08 feet; thence South 67°00'43" West 27.24 feet; thence South 70°53'26" West 103 .91 feet; thence South 40°34'25" West 98.35 feet; thence North 44°54'02" West 25.24 feet to the Point of Beginning, containing 11 ,814 square feet (0.27 acre), more or less, including 6,964 square feet (0. 16 acre) in existing roadway. 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 AND GRADING EASEMENT DESCRIPTION. A part of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 24, Township 17 North, Range 30 West, being more particularly described as follows: From the Southeast corner of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of said Section 24; thence North 87050'26" West 556.23 feet; thence North 41 °33'00" East a distance of 463.40 feet, to the Southwest property line; thence with said Southwest property line, South 44°54' 02" East 45.3 feet to the Point of Beginning; thence North 40°34'25" East 134. 14 feet; thence North 70053126" East 64.29 feet; thence North 67°00'43" East 27.24 feet; thence North 62°52'17" East 33.08 feet, thence North 67°20'58" East 39.50 feet, more or less to the East property line; thence with said East property line, South 02°24'00" West 22.08 feet; thence South 67°00'43" West 28.64 feet; thence South 70053'26" West 69.45 feet; thence South 40°34'25" West 121 .36 feet, more or less, to the Southwest property line; thence with said Southwest property line, North 44°54'02" West 15.05 feet, to the Point of Beginning and containing 5, 163 square feet (0. 119 acre), more or less, ORDINANCE NO. 4129 WATER/SEWER EASEMENT AN ORDINANCE AUTHORIZ. LEGAL DESCRIPTION ING EMINENT DOMAIN PRO- STATE OF ARKANSAS CEEDINGS FOR THE CITY PROPERTY DESCRIPTION K r TO OBTAIN LAND FOR THE I OLD MISSOURI/ZION ROAD A part of the Northwest Quarter Countyof Washington� ss- 1 INTERSECTION IMPROVE. (NWt/4) of the Southeast Quar. l J � �/� � JAN 0 7 1999 MENTS FROM JILL R. JACO- ter (SEI/4) of Section Twenty '/" ;/��,��,,t � yygy four (24) in Township Seven- I, ILC`F-dCTTUS, hereby certify that r of THE Seven- teen (17) in Town Range Thirty Y Y ' r,�E�P BE IT ORDAINED BY THE (30ty described as oreowsrtl o- NORTHWEST ARKANSAS TIMES, a daily news i ptt� tt1'hla6in Bond class CITY COUNCIL L THE CITY larwit: Beginning at a concrete mailing privilege, and being not less than four pages of five columns each, OF FAYETTEVILLE, ARKAN- 9 9 9 P 9 9 P 9 SAS: monument which is Norm published at a fixed lace of business and at fixed (daily) intervals 1 00°19'36" East, a distance of P P ( Y) Section 1. That the City Council 272.42 feet from the Southeast continuously in the City of Fayetteville, County of Washington, Arkansas for authorizes and directs the city comer of said forty acre tract; ; attorney of the City of Fayette- distance thence North 880.69 feettoa more than a period of twelve months, circulated and distributed from an villa, Arkansas, to initiate legalestablished lace of business to subscribers and readers generally of all action in order to obtain lee concrete monument; thence P g Y h :. simple title and easements over North 47017'00' West, a dis- classes in the City and County for a definite price for each copy, Or a fixed and across property owned by tante of 115.31 feet to the cerl- Jill R. Jacoway, as described terine of old Missouri Road; price per annum, which price was fixed at what is considered the value of the below, for the Old MissoudZon thence along said centerline publication, based upon the news value and service value it contains, that at Road interserlion improve- North 42003'19' East, a dis- tance of 179.75 feet: thence least fifty percent of the subscribers thereto have paid for their subscriptions North of 155. 17 East, a dis- to the newspaper Or Its a agents Or through recognized news dealers over a C '. _a Exhibit 'An attached hereto lance of 755. 77 feet; ihepce9 9 og ;..;. and made a part hereof. South 00000'30" West, a dis- tante of 273.46 feet to the point period of at least six months and that the said newspaper publishes an PASSED AND APPROVED of beginning, containing 1 . 13 average of more than forty percent news matter. this 15th day of December, acres, more or less, Washing- 1998 ton County, Arkansas. LESS AND EXCEPT: A an of I furthe certify that the legal notice attached in the matter of APPROVED: p the Northwest Quarter (NWt/4) i.. By: Fred Hanna, Mayor of the Southeast Quarter (SEI/4) of Section 24, Town- ATTEST: ship 17 North, Range 30 West, I • being more s: From descri- was published in the regular daily issue of said newspaper for By: Heather Woodruff. City bed as follows: From the South- P 9 Y Clerk eg§y$I corner of the Northwest consecutive insertions as f WS: Qdarter (NW1/4) of the South. �� as „ east Quarter (SE1/4) of said 2 ( AV EXHIBIT A Section 24, thence North "UmThe first insertion On the v da of 19 _ 87°50'26" West 556.23 feet to y P Property Owner: the centerline of Old Missouri Road: thence North 41033'00" Jill R. Jacoway East along said centerline a the second insertion on the day of 19 - distance of 463.40 feet to the FEE SIMPLE- Point of Beginning; thence North 44025'00" East along said the third insertion on the day of 19 - is A part of the Northwest Quarter centedine a distance of 179.75 (NW1/4) of Southeast Quarter feet thence North (SEI/4) of Section 24, Town- 71 24'3B"Eest 155. 17 lest; the fourth insertion on the day of 19 - ship 17 North, Range 30 West, thence South 02024'00• West I'.• being more particularly descri- leaving said centerline a dis. bed as follows: From the South- tante of 46. 12 feel; thence east corner of the Northwest South 67020'58" West 39.50 }. feet; thence South 62°52'17" Ptlbll9hef/CiBnef ane er I e Quarter Q arter O of the South- West 33.08 feel; thence South 9 ' east Quarter (SEt/4) of said Section 24, thence North 67°00'43" West 27.24 feet; j ( 87050'26" West 556.23 feet to thence South 70053'26" West Sworn to and subscribed before me on this the centerline of Old Missouri 103.91 feet; thence South Read thence North 41033'00' 40 34'25' West 98.35 feet; i:.. East along said centerline a thence North 44°54'02' West 19 distance of 463.40 feet to the 25.54 feet to the Point of Begin. _ Point of Beginning; thence ning, containing 11,814 square 44025'00' East along said can- feet (0.27 acre), more or less, liff Are -terline a distance of 179.75 including 6.954 square feet 'feet; thence North 71 '24'38" (0.16acm) in existing roadway. i 1 East 155.17 feet; thence South Catherine Sall /I Notary Public �. 02024'00' West leaving said The bearings for this descrip- �r Notary Public,.StateofArkansas , centerline a distance of 46.12 hon are based on the City of ) 1 I : feet; thence South 67020'58• Fayetteville Global Positioning My Commission Expires: �wsa West 39.50 feel; thence South Satellite System, which may t My cornmission Expires ,,! 1110 62'52'17' West 33.08 feel; vary from the bearing system �ccccceccccQ(cttcccccc" ccecc c thence South 67000'43- West previously used in describing the subject property. _ t . 27.24 feet; thence south _ _ _ Fees for Printing.......................................................$ 170'53'26' West 103.91 feet: l � � �- - "-'" -- thence South 40°34'25' West t. 98.35 feet; thence North Cost Of Proof.............................................................$ the Point West 25.g, feet to n- 1 . the Point of Beginning, contain- -�7/ J ; in9 11 .814 square feet (0.27 Total..........................................................................$ acre), more or less, including 6,964 square feet (0.16 acre) in existing roadway. I ' The bearings of this description are based on the City of Fayet- Iteville Global Positioning Satel- lite System, which may vary from the bearing system previ- ously used in describing the subject property_ .� • along said centerline North 42°03'19" East, a distance of 179.75 feet; thence North 69004'26" East, a distance of KV L. r 155.17 feet: thence South 0 0000010" West, a distance of 273.46 feet-to the point of be- JAN p 7 1999 ginning, containing 1 .13 acres. more or less, Washington } Arkansas. LESS FINANCE DE�Fl LESS AND EXCEPT: A pan A of 14 the Northwest Quarter (NW7/4) of the Southeast Quarter (SEI/4) of Section 24, Town- ship 17 North, Range 30 West, being more particularly descri- bed as follows: From the South. PERMANENT EASEMENT asst corner of the Northwest DESCRIPTION: Quarter (NW7/4) of the South- east Quarter (SEI/4) of said A permanent easement lying Section 24, thence North along the Southeast side and 8705076" West 556.23 feet to being contiguous with the new the centerline of Old Missouri Southeast Right of Way line of Road; thence North 41°33'00' Old Missouri Road, being more East along said centerline a particularly described as begin- distance of 463.40 feet to the ning at a point where the new Point of Beginning; thence Southeast Right of Way line of North 44025'00" East along said Old Missouri Road intersects centerline a distance of 179.75 the Grantor's Southwest prop. feet; thence North 71 °24'38" erty line; thence along said East 155.17 feet; thence South Southeast Right of Way line 02024'00" West leaving said North 40034"25" East b8.35 centerline a distance of 46.12 feet; thence continuing along feet; thence South 67°00'43" said Southeast Right of Way West 27.24 feet; thence South line North 70053'26" East39.62 70°53'26" West 103.91 feet; feet; thence leaving mid South- thence South 40'34'25" West east Right of Way line South 98.35 feet; thence North 40°34'25" West 134.14 feet to the Point West 25.g, feet to the Grantor's Southwest prop- the 11,8 of Beginning, contain- erty line; thence along the ing 11 ,814 square feet (0.27 Grantor's Southwest property acre), more or less, including line North 44054'02" West 6,964 square feel (0.16 acre) in 20.06 feet to thePo of begin-in- existing roadway. ning , containing 2,325 square The bearings for this descrip- feet (0.05 acre), more or less, tion are based on the City of TEMPORARY Fayetteville Global Positioning CONSTRUCTION AND Satellite System, which may GRADING EASEMENT vary from the bearing system LEGAL DESCRIPTION previously used in describing the subject property. A part of the Northwest Quarter TFMPORARV QQUSTRUC- (NW 1 /4) of the Southeast TION AND GRADING EASE- Quarter (SE1 /4) of Section MENT DESCRIPTION: Twenty four (24), in Township Seventeen ( 17) North, of A part of the Northwest Quarter ' Range Thirty (30) West, being (NW1/4) of the Southeast Quar- more particularly described as ter (SEI/4) of Section 24, follows, to-wit: Beginning at a Township 17 North, Range 30 concrete monument which is West, being more particularly North 00'19'360 East, a dis- described as follows: From the tance of 272.42 feet from the Southeast corner of the North. Southeast corner of said forty west Quarter (NWI/4) of the acre tract; thence North Southeast Quarter (SE1/4) of 87059'03" West, a distance of said Section 24; thence North 180.69 feet to a concrete 87050'26" West 556.23 feet: monument: thence North thence North 41033'00' East a 47017'00" West, a distance of distance of 463.40 feet, to the 115.31 feet to the centerline of Southwest property line; thence Old Missouri Road; thence with said Southwest property line. South 44054'02' East 45.3 feet to the Point of Beginning; thence North 40°34'25" East 134. 14 feet; thence North 70053'26" East 64.29 feet; thence North 67000.43" East 27.24 feet; thence North 62052' 17" East 33.08 feet, thence North 67020'58" East 39.50 feet, more or less to the East property line; thence with said East property line, South 02024'00" West 22.08 feet; thence South 67000'43" West 28.64 feet; thence South 70053'26" West 69.45 feet; thence South 40034'25" West 121.36 feet, more or less, to the Southwest property line; thence with said Southwest property, line, North 44054'02" West 15.05 feet, to the Point of Be- ginning and containing 5,163 square feet (0.119 acre), more or less.