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HomeMy WebLinkAbout1961-06-12 Minutes�S 67 The City Council of Fayetteville, Arkansas, met in regular session on Monday, June 12, 1961, at 7:30 P, M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones City Attorney Bass Trumbo, City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Walker, Christie, Hatfield, McClelland, Thomas, Burgin, and Short. Absent: Alderman Lynn Smith. The minutes of the regular meeting on Monday, May 22, 1961, and of the special session on Friday, June 2, 1961, were approved. A copy of these minutes (both meetings) had previously been mailed to each of the Aldermen in time for study, before this meeting. Ordinance Upon request of the Council, the City Clerk read the proposed ordinance to rezone to rezone certain property near the intersection of Arkansas State Highway No. 112, North Street, properly at and the t. Comfort Road, for the third and last time. intersection This ordinance had been left on its second reading at the last regular meeting of the of Hiwely 112, Uouncil which was on Monday, May 22, 1961, North St., The Mayor then declared the ordinance open for discussion. and Mt. After a long discussion,the Mayor asked the question, "Shall the Ordinance pass"? Comfort Road Upon roll call the following vote was recorded, "Aye" Walker, Christie, Hatfield, passed. McClelland, Thomas, Burgin. "Nay" Short. There being six "Ayes" and only one "Nay", the Mayor declared the Ordinance passed. The Council did not adopt the emergency clause, ORDINANCE NO, 1265 Ordinance AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, No. 12 5 ARKANSAS, APPROVED JUNE 139 1960, TO BEZ014E CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT AND FROM R -1B SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1 NEIGHBOR- HOOD COIJIMERCIAL DISTRICT. HEREAS, a public hearing was held before the Planning Commission of the City of Fayette ille,onrDecember 27, 1960, on the petition of J; Austin Parish and Ethel R. Parish equesting that the Planning Commission recommend to the City Council of the City of ayetteville, Arkansas, that the City Council enact an ordinance to rezone from R-2 Two amily Residential District to C-1 Neighborhood Commercial District all of the following escribed real estate, to -wit: Beginning at a point 30' North and 30' East of the SW Corner of the NW 1/4 of Section 90 Township 16 North, Range 30 West of the 5th Principal Meridian; thence North 206.581; thence East 140.4' thence South 206.58'; thence West 140.4' to the point of beginning. Also . Sbeginning at a point 286.17' North and 30' East of the SW Corner of the MY 1/4 of Section, 9; Township 16 North, Range 30 West of the 5th Principal Meridian; Thence North 203.831; thence Wast 150.01; thence North 145.01; thence East 348.01; thence South 283.01; thence West 357.61; thence South 64.421; thence West 140.4' to the point of beginning. and Wim REAS, A public hearing was held before the Planning(Commission of the City of Fayetteville, Arkansas, on December 272 1960, upon the petition of Hugh D. Shaddox requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact an ordinance to rezone from R -1B Single Family Residential District to C-1 Neighborhood Commercial District all of the following described real estate, to -wit: A part of the Southeast quarter of the Northeast quarter of Section(Eight (8), Town ship Sixteen (16) North, Range Thirty West, described as follows: Beginning at a point which.is three hundred eighty (380) feet South of the Northeast corner of said forty acre tract, and running, thence West to the East Line of the Mt. Comfort Road; thence in a Southeasterly direction along the East line of said road to a point seven hundred (700) feet South of the North line of said forty acre tract; thence East thirty-five (35) feet to the East line of said forty acre tract; thence North along said line three hundred twenty(320) feet to the point of beginning. and WHEREAS, A public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on May 5, 1961, on the petition of Henry J. Meenen and C. Ellen Meenen requesting that the Planning Commission recommend to the City Council of the Cit of Fayetteville, Arkansas, that the City Council enact an ordinance to rezone from R-2 Two Family Residential District to C-1 Neighborhood Commercial District all of the following described real estate, to -wit: A part of the Southwest quarter (SW -41) of the Northwest quarter(NW4) of Section Nin in Township Sixteen (16) North, Range 30 West, described as follows: Beginning at an Ir pin on the center line of the Mt.'Comfort Road which iron pin is located 263.12 feet North and 170.4 feet East of the Southwest corner of said forty (40) acre tract;.runnin thence North 84.42 feet, more or less, to an iron pin; thence East 357.6 feet to an iro pin; thence South 223 feet,more or less, to the center line of the Mt. Comfort Road; thence North 700 West along the center line of the Mt. Comfort Road a distance of 381 ■ feet, more or less, to the place of beginning, containing 1.31 acres, more or less, less and except that part of said above described real estate lying within the boundary of the Mt. Comfort Road. Ime WHEREAS, notice of said public hearings, setting forth the times, place, and purposes of hearing, and location of the property sought to be rezoned was published in the Northwest Arkansas Times, a newspaper of general circulation in said City more than 15 days prior to said public hearings, and Ordinance No. 1265 (Continued) rd. WHEREAS, following said public hearings, said Planning Commission certified to the 1265 pity Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance e adopted rezoning said above.described real estate from -R-2 Two Family Residential istrict and R -IB Single Family Residential District to C-1 Neighborhood Commercial istrict. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: Section 1. That the following described real estate be and the same is hereby rezon R-2 Two Family Residential District to 0-1 Neighborhood Commercial District, to -wit Beginning at a point 30' North and 30' East of the SW Corner of the NW 1/4 of Secti Township 16 North, Range 30 West of the 5th Principal Meridian; thence North 206.581; hence East 140.41; thence S6uth 206.581; thence West 140.4' to the point of beginning. iso beginning at a point 286.171 North and 30' East of the SW Corner of the NW 1/4 of ection 9, Township 16 North, .Range 30 West of -the 5th Principal Meridian; thence North 83.83'; thence East 150.01; thence North 145.01; thence East 348.01; thence South 283.0 hence West 357.6'; thence -South 64.421; thence West 140.4' to the point of beginning. A part of the Southwest Quarter (SWT) of the Northwest Quarter (NWT) of Section Nine9) n Township Sixteen (16) North, Range 30 West, described as follows: Beginning at an iron in on the center line of the Mt. Comfort Road which iron pin is located 263.12 feet orth and 170.4 feet East of the Southwest corner of said forty(40) acre tract; running hence North 84.42 feet, more or less, to an iron pin; thence East 357.6 feet to an iron in; thence Sou8h 223 feet, more or less, to the center line of the Mt. Comfort Road; hence North 70 West along the center line of the Mt. Comfort 'Road a distance of 381 eet, more or less, to the place of beginning, containing 1.31 acres, more or less, less nd except that part of said above described real estate lying within the boundary of the t. Comfort Road, Section 2. That the following described real estate be and the same is hereby rezonbd from R -1B Single Family Residential District to C-1 Neighborhood Commercial District, to -wit: A part of the Southeast quarter of the Northeast quarter of Section Eight (8), rownship Sixteen (16) North, Range Thirty(30) West, described as follows: Beginning at a point which is three hundred eighty (380) feet South of the Northeast corner of said forty acre tract, and running, thence West to the East line of the Mt. Comfort Road; thence in1 a Southeasterly direction along the East line of said road to a point seven hundred (7000 feet South of the North line of said forty acre tract; thence East thirty-five (35) feet) to the East line of said forty acre tract; thence North along said line three hundred twenty(320) feet to the point of beginning. Section 3. That all ordinances or parts of ordinances in conflict herewith are here pealed, and this ordinance shall be in full force and effect from and after its ssage, approval, and publication. PASSED AND APPROVED this 12th day of June, 1961. APPROVED: TTEST• vlajA g& Is GUY EoIBHOWN, GEORG J AVIS, CITY CLERK Noy Bldg.Alderman Hatfield then moved that the City Building Inspector be and he is hereby permits authorized and directed to issue no Building Permits along the Old Mt. Comfort Road on tolface the East Side of Garland Avenue except the new buildings are lined up at a proper I'd Comfort distance and facing with Arkansas State Highway No. 112 (Garland Avenue) or North Street (Road. The motion was seconded by Alderman Christie and passed unanimously. GIurry By Request of the Council, the City Attorney read the proposed ordinance for the second rover$ time to rezone certain property on Arkansas State Highway No. 16 West ('Referred toas the I Curry Grocery Property) which had been left on its first reading at the regular meeting left on on Monday, May 22, 1961. second Alderman Walker moved that the rules be suspended and the ordinance be placed on the reading. third and final reading. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded: "Aye" Walker, Christie, McClelland, and Burgin. "Nay" Hatfield, Thomas, and Short. There being only four "Ayes" and three "Nays", the motion to suspend the rules was defeated for lack of a two thirds majority or six votes required to suspend the rules. The ordinance was left on the second reading. N' Parking Alderman Christie reported that the Street Committee had met and studied the parking on Fairv&ew.problem on Fairview Drive and he moved that parking be prohibited entirely on Fairview Drive between Ozark Avenue and Center Street. The motion was seconded by Alderman Burgin and passed unanimously. t 1 !`1 A very long discussion was had concerning the purchase of an asphalt spreading machine but no definite action was taken. Authorize Bill Dalton of the Arkansas Western Gas Co., who was appointed as one of the Committee t purchase help obtain right-of-way on North College Avenue for the widening of U.S.Highway No. 71 of between Trenton Street and North Street, appeared before the Council and reported that i�ht-of- several of the property owners had agreed to sell enough of their property for the w y on right-of-way but there were some who would not sign the agreement at this time. N,College He further reported that the State would furnish the sum of $80,000.00 to widen the stye for but it would be necessary for the City to furnish the necessary right-of-way which would Hiway 71. be approximately four feet on each side of College Avenue. After a long discussion, Alderman Thomas moved to authorize the purchase of the right -of way, according to the specifications of the Arkansas State Highway Department, not to exceed 48 feet in total width or four feet on each side of College Avenue, at a cost not to exceed the sum of %20,000.00 to be paid out of the General Fund. The motion was seconded by Alderman Walker and passed unanimously. t 1 !`1 C1arklMcClin appointed to Planning Commis ion vice Emery ,ose. To aA for bids oo fire hePse. Employ two fireme}}�i. Deeds purpos referr City A Resol for a Worka' Progr Urban Reso 3-61 or St. d to ty. ion e for i3 OTIM Polic' of SewerlMain Extensions. he Mayor reported that Mr. Emery Gose had resigned from the Planning Commission and he ecommended that Mr. Clark McClinton be appointed to fill this vacancy. lderman Walker moved to accept the recommendation of the Mayor and appoint Mr. Clark cClinton as a member of the City Planning Commission vice Mr. Emery Gose who resigned. he motion was seconded by Alderman Short and passed unanimously. lderman Short moved that the Mayor be authorized to advertise for bids on 1000 feet f 22 inch fire hose according to specifications furnished by the Fire Chief. he motion was seconded by Alderman Walker and passed unanimously. erman Short reported that the Insurance Rating Bureau had recommended that the City etteville should employ 5 additional firemen but Fire Chief Burl Skelton had also orted that three additional full time paid firemen would be sufficient at this time. erman Short further reported that one of these had 'already been hired, leaving only more to be employed at this time. erman Short then moved to authorize the employment of two additional full time paid amen at the base salary as set up for the firemen. motion was seconded by Alderman Thomas and passed unanimously. City Clerk presented some deeds for street r a long discussion, they were referred to enticity of their description, LOU purpose to the Council for acceptance but the City Attorney for study as to the r. Raymond Nelson,of the University of Arkansas Planning Board, appeared before the ouncil and discussed a resolution approving and adopting a program for community mprovement workable program. lderman Thomas moved that the resolution be adopted. he motion was seconded by Alderman Hatfield and upon roll call the following vote was ecorded: "Aye" Christie, Hatfield, McClelland, Thomas, Burgin, and Short. "Nay" Walker. here being six "Ayes" and only one "Nay", the Mayor declared the Resolution adopted. Resolution 3-61 A RESOLUTION APPROVING AND ADOPTING A PROGRAM FOR COMMUNITY IMPROVEMENT WORKABLE ROGRAM FORTHE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, as a condition to certain prescribed Federal financial and other aid and assistance, Section 101 (C) of the Federal Housing Act of 1949, as amended, requires the submission to the Housing and Home Finance Administrator by each locality of a workable program (which shall include an official plan of action as it exists, from time to time, for effectively dealing with the problem of urban slums and blight within the community and for the establishment and preservation of a well-planned community with well -organ- ized environment for adequate family life) for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objedtives of such a program; and, WHEREAS, there tial been prepared "ori beh&lf of the City of Fayetteville for present- ation to the said Housing and Home Finance Administrator such a plan of action, which plan has been fully reviewed and considered by the governing body of said city, which plan appears to be an acceptable acid effective plan of action for the aforesaid purposes and, WHEREAS, it is the desire, purpose and intent of the governing body of this city to utilize available appropriate private and public resources to the end that our city may rid itself of and prevent the development or spread of slums and {jrban blight and under- take such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, STATE OF ARKANSAS: That the hereinabove mentioned Program for Community Improvement (Workable Program) for said city be, and the same is hereby, approved and adopted as the official plan of action of our community for effectively dealing with the problem of urban slums and community for effectively dealing with the problem of urban slums and blight within thi community and for the establishment and preservation of a well-planned community with well -organized environment for adequate family life, and the Mayor is hereby authorized and directed to present such Program for Community Improvement (Workable Program, together with all required supporting documents and statements, to the Administrator of the Housing and Home Finance Agency for approval pursuant to theprovisions of said Title 1, Housing Act of 1949, as amended. PASSED AND ADOPTED this 12th day of June, 1961. ATTEST APPROVED: WAIP11 �� G 64IT,�C4Y(sR GEORGE 19"16 A long discussion was had on the policy of Sewer Main Extensions which was presented recommended by the Water & Sewer Superintendent W. C. Smith and which he explained. Alderman Burgin moved to adopt the Policy For Sewer Main Extensions as recommended by the Water & Sewer Superintendent. The motion was seconded by Alderman Walker and passed unanimously. This Policy was copied into and made a part of the minutes of this meeting. Id '7® (Policy o Sewer Mpin xtensions. Better r ern- ;nt nittee. POLICY FOR SEWER MAIN EXTENSIONS Ih order to provide a uniform and reasonable policy for financing and constructing sewer' laterals and sewer main extensions in the future within the corporate limits of the Cit of Fayetteville, Arkansas, the following rules and policies shall be adhered to 1. All such laterals and extensions in the city's sewer collective system must be properly engineered and constructed in accordance with good standard acceptable practices. Plans must be approved by the City Sewer Superintendent and the State Board of Health before a contract is awarded for the construction. Competitive bids should be secured. The contract must require performance and payment bonds in accordance with Arkansas State Laws. 2. Basis for financing future sewer laterals and extensions shall be as follows: a. A property owner or owners will finance the costs for the work, including the engineering costs. b. The City through its agent, the Sewer Superintendent, may enter into a written agreement with the parties financing the project to be reimbursed as follows: (1) Upon completion of the construction and the furnishing of a letter of accept ance with project costs and three copies of "AS BUILT plans from the Engineer, the City will reimburse the financing parties the total of the engineering costs for the work actually constructed. (2) As customers actually make connections into the sewer mains and laterals involved in the project, the City will reimburse the financing parties $200.00 for each such connection, except that on hillsides, laterals or mains, which, due to the slopes, will permit connections only to one side of the street, the reimbursement for'eachccopneetibn will be $300,00, This $300.00 reimbursement applies only to the section or sections of the project where this condition exists. (3) Total of all reimbursements to the financing parties will not exceed the total construction costs which includes engineering. (4) The City will not reimburse engineering costs for proposed work which is not actually constructed. (5) Any written agreement with the financing parties shall have a provision for the termination of the contract after ten years from the date of the contract. After this termination data of the contract, no further reimbursements shall be made by the City, and the City will have the right to make connections to the sewer mains and laterals. (6) Any written agreement with the financing parties shall have provisions for the City or any other parties to join and extend additional mains and laterals to the mains and laterals involved in the contract to other areas without any charges or fees to be paid to the financing parties of a project. (7)For any sewer mains and laterals which are required to be greater than six inches inside diameter to meet master plans for serving additional areas, th City will reimburse the financing parties, after receipt of the Engineer's letter of acceptance with project costs and three copies of "AS BUILT" plans the difference in the cost of six inch sewer pipe and the cost of the requir size of the sewer pipe. This applies only to the pipe costs and not to the costs for trenching and laying of the pipe. Pipe costs must be substantiated by current quotations from the pipe manufacture or supplier. 3. Any sewer project constructed under the basis set out in this policy does not auth prize the financing party or parties or the contractor the authority to install sewer service connections to the consumers. Sewer service connections from the constructed mai and laterals will be installed by the City Sewer Department in the prevailing manner and at established rates. 4. Sewer mains and lterals constructed outside the corporate limits of the City of etteville shall be financed entirely by the owner or owners with no reimbursements e by the City. Such mains and ]a terals shall be constructed in compliance with par h 1, above and shall become the sole property of the City of Fayetteville upon pletion and acceptance by the Engineer for and in consideration of the perpetual ntenance of the mains and laterals. 5. Monthly sewer service rates within the corporate limits of the City for customers connected to these sewer mains or laterals shall be the same as established by Ordinanc No. 1165, for newly constructed work, except that in the event the financing party con- structs a main or lateral that connects to an old main constructed prior to 1959, and elects to receive no reimbursements and transfers the main to the City for the consider ation of the City assuming the perpetual maintenance, the monthly sewer service rate sh be the same as established by Ordinance.No. 1165 for old constructed or existing sewer mains. RECOMMENDED BY: (s) Wo C: The Mayor recommended the creation of a committee to study the different phases of our City Government and to evaluate the needs of the City. He recommended the following Aldermen for this Committee: Carter Short, J. E. McClelland, G. C. Thomas, and Arnold Christie with Alderman Short as Chairman. Th6.Council agreed to this recommendation by acclamation. 5 tra con for Hiw Elkins District contract Tie V on rezon of Curry Property. (Final P Mayor to v later. c is 710 ter scusse sage) e 'Closingof Alley near U o A. (Back of Holcomb Hall) Ordinance Rezone Illy Property. Ordina No. 126 71 he City Engineer reported that five new traffic controls (electric) were needed to eplace the five old electric traffic control signals now in use on U. S. Highway No. 71 hrough the city and he recommended the purchase and installation of these signals. lderman Hatfield moved to purchase and install five Electric Traffic Controls,as ecommended by the City Engineer, on U. S. Highway No. 71 through the City of Fayette- ille, Arkansas. he motion was seconded by Alderman Burgin and passed unanimously, here being no further business, Alderman Walker moved to adjourn. The motion was econded by Alderman short and passed unanimously, whereupon the Mayor declared the eeting adjourned. APPROVED: 6� ATTEST: 4 Ate- Qod�� rGEORGIVJk�DAVIS, CITY CLERK • L1l VY\1V, he City Council of Fayetteville, Arkansas, met in regular session on Monday, June 26, 9619 at 7:30 P.M. reseht: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones ity Attorney Bass Trumbo, City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire hief Burl Skelton, and Aldermen: Walker, Christie, Hatfield, McClelland, Thomas, Burgin mith, and Short. bsent: None. onsulting Engineer John Mahaffey and Mr. Sam Couch appeared before the Council as epresentatives of Suburban Water District No. '6 which would extend along Arkansas State ighway No. 16 East to and including the town of Elkins, Arkansas. hey submitted some contract proposals for the Water District. he Water Superintendent W. C. Smith also made several recommendations concerning a ontract between the City and the Suburban Water District No. 6. fter a long discussion, Alderman Thomas moved to refer this back to the Water Committee ater Superintendent, And City Engineer to work with representatiues of Suburban Water istrict No. 6 and make recommendation to the Council of the proposed contract. he motion was seconded by Alderman Smith and passed unanimously. he City Clerk, at the request of the Council, read the proposed ordinance entitled, AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE RKANSAS, APPROVED JUNE 13, 19600 TO REZONE CERTAIN REAL ESTATE FROM ZONE R1 -B SINGLE AMILY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT". for the third and last time he Mayor then declared the ordinance open for discussion, fter a long discussion, the Mayor asked the question, "Shall the Ordinance pass?" pon roll call the following vote was recorded, "Aye" Walker, Christie, McClelland, and urgin. Nay" Hatfield, Thomas, Smith, and Short. here being four "Ayes" and four "Nays", itebecame the duty of the Mayor to cast the eciding vote. He deferred voting -until next meeting on Monday, July 10, 1961. e May or reported that the Unibersity of Arkansas had requested permission to vacate an ley in Block A, Leveretts Second Addition to the City of Fayetteville, Arkansas. ter a brief discussion, Alderman Burgin moved that the University of Arkansas be per- tted to close an alley in Block A, Leverett's Second Addition to the City of Fayettevi kansas, and that the Mayor and City Clerk be and they are hereby authorized to execute contract with the University of Arkansas whereby the University of Arkansas would move, replace, and maintain all necessary water mains or sewer mains in this block, e motion was seconded by Alderman Smith and passed unanimously. The City Clerk introduced and read a proposed ordinance entitled, "AN ORDINANCE AMENDING to ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED NNE 12, 1960. -TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT,TO rs C-1 NEIGHBORHOOD COMMERCIAL DISTRICT". After a brief discussion, Alderman Burgin moved to amend the proposed ordinance by requesting the owner of record to allow an additional 10 feet for street along North Street or a total of 30 feet from the center of North Street thereby conforming with the other property along North Street in this area which had recently been rezoned. ce The motion was seconded by Alderman Walker and passed unanimously. (The owner of record agreed to do this at this time) Alderman Burgin than moved that the Ordinance be passed. The motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the ordinance passed. ORDINANCE N0, 1266 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 12, 19609 TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO 0-1 NEIGHBORHOOD COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville on May 31, 1961, on the petition of June Letsch Myers requesting that the Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact anlordinance to rezone from R-2 Two -Family Residential Dis- trict to C-1 Neighborhood Commercial District all of the following described real estate to -wit: Part of the Southwest quarter of the Northwest quarter of Section Nine (9) in Town- ship sixteen(16) North, Range Thirty(30) West of the 5th Principal Meridian described as follows, Beginning at a point which is three hundred seventy-five (375) feet Ease outhwest corner of said forty acre tract and running thence East one hundre fifty-three(153) feet; thence North one hundred Ptwo(1&2) feet to the center line c the old Mount Comfort Road; thence West bearing North with the center of sa d road to a point which is due North of the beginning point; thence South one hundred-two(3,f2 feet, more or less) to the place of beginning, containing one-half(2) acr , o or less less and except that part of said real estate lying within the right of way of North Street, Mount Comfort Road, and Lindell Avenue in the City of Fayetteville, Arkansas, and