HomeMy WebLinkAbout39-79 RESOLUTION•
RESOLUTION NO. M—%9
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN RIGHT-OF-WAY NEEDED FOR
THE WIDENING OF U. S. HIGHWAY 71 SOUTH.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Attorney is hereby authorized
and directed to institute eminent domain proceedings to condemn
right-of-way necessary to widen U. S. Highway 71 South. The
lands authorized for condemnation hereby are set out in Exhibits
"1-11" attached hereto and made a part hereof.
Section 2. The this Resolution shall be effective upon the
City Manager determining that all reasonable negotiations with the
respective property owners have failed to result in acquisition of
the necessary right-of-way. C1
PASSED AND APPROVED this /�1 day ofQ� 1979.
;'ATTEST
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11 CITYFOY
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PASSED:
MAYOR
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1919
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 2
Owners and/or parties in interest - Mary I. Heflin and First National
Bank Fayetteville, Arkansas
TEMPORARY CONSTRUCTION EASEMENT: Part of the Southwest Quarter
of the Northeast Quarter of Section 21, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly
described as follows:
Beginning at a point that is 35.0 feet Right of and perpendicular
to Construction Centerline Station 100+70.0; said point being
on the existing Easterly right of way line of U. S. Highway
71B; thence North 89° 18' East a distance of 10.0 feet to a
point; thence South 00° 42' East a distance of 48.7 feet to a
point; thence South 89° 00' West a distance of 10.0 feet to
a point on said existing right of way line; thence North 00° 42'
West along said existing right of way line a distance of 48.7
feet to the point of beginning and containing 0.01 Acre, more
or less.
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SCHEDULE. •• TO (.:UMPLA+I'CT Al'L:'M
TRACT L
Owner:; and/or par-tics in interest - U. M. Pattton &lLaurena Selle
Patton, Husband and Wife and First Nacional y
Arkansas
TEMPORARY CONSTRUC`1'I0N EASEMENT: A part of the
a rtheast Quart e
of the Northwest Quarter A,ction 28. Township
30 West, Washington County, Arkansas,-more particularly described
as .follows:
Beginning at a point that. is 40.0 feet Left of and perpendicular
to centerline station 59+25.0, said point being on the existing
Westerly right of way line: of U.S. Highway 718; thence South
31° 14' West along said existing right
thofsway
aylliniracdisdistance of
23.4 feet to a point; thence a
along said existing right of way line on a curve Left having a
radius of 2331.83 feet a distance of 190.5 feet to a point;
thence South 88° 59' West a distance of 11.3 feet to a point; thence
in a Northeasterly direction on a curve Right having ahradiuNorth
s
of "2341.83 feet a distance of 195.7 feet to a 2
31° 14' East a distance- of 23.4 feet to a point; thence South
58° 46' East a distance of 10.0 feet to the point of beginning
and containing 0.05 Acre, more or less.
SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 4
Owners and/or parties in interest - Heritage Federal Savings &
Loan, Fayetteville, Arkansas
EASEMENT DESCRIPTION: A part of Lots 2 and 3, Block 17, Ferguson
Addition to the City of Fayetteville, Washington County, Arkansas,
more particularly described as follows:
Starting at the Northwest corner of Lot 1, Block 17, Ferguson
Addition; thence North 89° 05' East along the North line of
said Lot a distance of 142.46 feet to a point on the existing
Westerly right of way of U.S. Highway 71B; thence South 01° 36'
East along said existing right of way line a distance of 10.3 feet
to a point; thence South 88° 24' West along said existing right
of way line a distance of 10.0 feet to a point; thence South
01° 36' East along said existing right of way line a distance
of 70.0 feet for the point of beginning; thence continue South
01° 36' East along said existing right of way line a distance
of 48.0 feet to a point on the proposed Westerly right of way
line of said U.S. Highway; thence South 88° 24' West along said
proposed right of way line a distance of 10.0 feet to a point;
thence North 01° 36' West along said existing right of way line
a distance of 48.0 feet to a point; thence North 88° 24' East along
said proposed right of way line a distance of 10.0 feet
to the point of beginning and containing 480 square feet, more
or less.
Also
TEMPORARY CONSTRUCTION EASEMENT: A part of Lot 1, Block 17,
Ferguson Addition to the City of Fayetteville, Washington County,
Arkansas, more particularly described as follows:
Beginning at a point that is 35.0 feet Left of and perpendicular
to centerline station 118+00.0; said point being on the existing
Westerly right of way line of U.S. Highway 71 B; thence South
88° 24' West along said existing right of way line a distance
of 5.0 feet to a point; thence North 01° 36' West a distance of
10.4 feet to a point; thence North 89° 05' East a distance of
5.0 feet to a point on said existing right of way line; thence
South 01° 36' East along said existing right of way line a
distance of 10.3 feet to the point of beginning and containing 52
square feet, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 3
Owners and/or parties in interest - C -0 -Y -0 -T -E Properties, Inc.
and Heritage Federal Savings and Loan, Fayetteville, Arkansas
EASEMENT DESCRIPTION: Part of Lots 2, 3, 4, 5, 6, 7, and 8,
Block 14, Ferguson's Addition to the. City of Fayetteville,
Washington County, Arkansas, more particularly described as
follows:
Starting at the Northwest corner of Lot 2, Block 14, Ferguson's
Addition; thence North 89° 05' East along the North line of
said Lot a distance of 144.0 feet to a point on the existing
Westerly right of wayline of U.S. Highway 71B for the point of
beginning; thence South 0° 38' East along said existing right of
way line a distance of 337.2 feet to a point; thence South
89° 05' West a distance of 5.0 feet to a point on the proposed
Westerly right of way line of said U.S. Highway; thence North
0° 38' West along said proposed right of way line a distance of
337.2 feet to a point; thence North 89° 22' East a distance of
5.0 feet to the point of beginning and containing 1686 square
feet, more or less 0.04 Acre, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 5
Owners and/or parties in interest - Olive Mae Baley and First
National Bank, Fayetteville, Arkansas
EASEMENT DESCRIPTION: A part of Lot 12, Block 1, Grandview Heights
Sub -division to the City of Fayetteville, Washington County, Arkan-
sas, more particularly described as follows:
Starting at the Southeast corner of Lot 12, Grandview Heights
Sub -division; thence South 89° 45' West along the Southerly line
of Lot 12 a distance of 114.84 feet for the point of beginning;
thence continue South 89° 45' West along said lot line a distance
of 47.8 feet to a point on the existing Easterly right of way line
of U.S. Highway 71B; thence North 22° 40' East along said
existing right of way line a distance of 18.6 feet to a point on
the proposed Easterly right of way line of said U.S. Highway;
thence South 67° 20' East along said proposed right of way line
a distance of 44.0 feet to the point of beginning and containing
409 square feet, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 6
Owners and/or parties in interest - Glenn Oldham & Dottie Oldham,
Husband and Wife, and Gordon Houston & Linda Jo Houston, Husband
and Wife
EASEMENT DESCRIPTION: Part of the Northwest Quarter of the
Northeast Quarter of Section 28, Township 16 North, Range 30
West, Washington County, Arkansas, more particularly described
as follows:
Starting at the Northwest corner of the Northwest Quarter of the
Northeast Quarter of Section 28; thence North 89° 00' East
along the North line of said Northwest Quarter of the Northeast
Quarter a distance of 460.1 feet to a point; thence South 10°49'
West a distance of 227.8 feet to a point; thence South 70° 58' East
a distance of 40.4 feet to a point on the existing Easterly
right of way line of U.S. Highway 71B; thence South 10° 49'
West along said existing right of way line a distance of 215.3
feet to a point; thence in a Southerly direction along said
existing right of way line on a curve Right having a radius
of 1472.39 feet a distance of 317.2 feet to a point on the proposed
Easterly right of way line of said U.S. Highway for the point
o f beginning; thence South 66° 50' East along said proposed
right of way line a distance of 20.0 feet to a point; thence
South 24° 04' West along said proposed right of way line a
distance of 28.6 feet to a point; thence South 89° 27' West a
distance of 21.9 feet to a point on said existing right of way
line; thence in a Northeasterly direction along said existing
✓ ight of way line on a"curve Left having a radius of 1472.39
feet a distance of 37.4 feet to the point of beginning and
containing 0.02 Acre, more or less.
Also
TEMPORARY CONSTRUCTION EASEMENT: A part of the Northwest Quarter
o f the Northeast Quarter of Section 28, Township 16 North, Range
30 West, Washington County, Arkansas, more particularly described
as follows:
Beginning at a point that is 40.0 feet Right of and on a radial
line from centerline station 64+25.0 said point being on the existing
Easterly right of way line of U.S. Highway 71B;, thence in a
Northeasterly direction along said existing right of way line
on a curve Left having a radius of 1472.39 feet a distance of
150.5 feet to a point; thence South 81° 53' East a distance of
10.1 feet to a point; thence in a Southeasterly direction on a
curve Right having a radius of 1482.39 feet a distance of 152.8
feet to a point on the proposed Easterly right of way line of
said U.S. Highway; thence North 66° 50' West along said proposed
right of way line a distance of 101.0 feet to the point of
beginning and containing 0.03 Acre, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 8
Owners and/or parties in interest - Cy Carney Propane Gas Company
and First Federal Savings and Loan Association, Fayetteville, Arkansas
EASEMENT DESCRIPTION: A permanent easement of 25 feet of equal and
uniform width off the entire east side of the following described
real estate and a temporary construction easement of 40 feet of
equal and uniform width off the entire east side of the following
described real estate.
PROPERTY DESCRIPTION: A part of the Southwest Quarter of the
Southeast Quarter, Section 21, Township 16 North, Range 30 West,
described as follows, to -wit: Beginning at a point which is
394.25 feet to and 114.1 feet South of the Northwest corner of
said 40 acre tract and running thence South 121 feet; thence East
199 feet thence North 8° 40' East 143.5 feet; thence South
84° 29' West 219.8 feet to the point of beginning.
TEMPORARY EASEMENT: A part of the Southwest Quarter of the Southeast
Quarter of Section 21, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at a point that is 40.0 feet Left of and perpendicular
to centerline station 81+25.0, said point being on the existing
Westerly right of way line of U.S. Highway 71B; thence North 7° 22'
East along said existing right of, way line a distance of 143.7
feet for the point of beginning; thence South 88° 50' West a
distance of 10.1 feet to a point; thence North 7° 22' East a
distance of 142.6 feet to a point on the existing Southerly railroad
right of way line of the St. Louis San Francisco Railway Company;
thence in a Southeasterly direction along said existing railroad
right of way line on a curve Right having a radius of 1859.86
feet a distance of 10.2 feet to a point on the existing Westerly
right of way line of said U.S. Highway; thence South 7° 22' West
along said existing right of way line a distance of 142.9 feet
to the point of beginning and containing 0.03 Acre, more or less.
SCHEDULE "A" TO COiMPLAINT AT LAW
TRACT 7
Owners and/or parties in interest - Nina Hill Nonnamaker
EASEMENT DESCRIPTION: A part of the Southwest Quarter of the
Southeast Quarter of Section 21, Township 16 North, Range 30
West, Washington County, Arkansas, more particularly described
as follows:
Starting at the Southwest corner of the Southwest Quarter
of the Southeast Quarter of Section 21; thence North 89° 00'
East along the South line of said Southwest Quarter of the
Southeast Quarter a distance of 460.1 feet to a point;
thence South 10° 49' West a distance of 115.2 feet to a point;
thence South 79° 42' East a distance of 40.0 feet to a point on
the existing Easterly right of way line of U.S. Highway 71B;
thence North 10° 49' East along said existing right of way line
a distance of 123.2 feet to a point for the point of beginning;
thence continue North 10° 49' East along said existing right of
way line a distance of 27.8 feet to a point; thence in a
Northeasterly direction along said existing right of way line
on a curve Left having a radius of 5769.58 feet a distance of
81.8 feet to a point on the proposed Eagerly right of way line
of said U.S. Highway; thence South 80° 00' East along said
proposed right of way line a distance of 10.0 feet to a point;
thence South 10° 31' West along said proposed right of way
line a distance of 107.7 feet to a point; thence South 89° 00'
West a distance of 10.2 feet to the point of beginning and
containing 0.02 Acre, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 9
Owners and/or parties in interest - Marlyse Jean Taylor, Diane
Marie Hinds, Cleo Maxine Breyfogle, and Janice K. Sevadjian;
and Marvin Dean Dandy and Gary Arlan Dandy, Trustees
EASEMENT DESCRIPTION: A part of the Southwest Quarter of Section 21,
Township 16 North, Range 30 West, Washington County, Arkansas, more
particularly described as follows:
Starting at the Southwest corner of the Southwest Quarter of the
Northeast Quarter of Section 21; thence North 89° 00' East
along the South line of said Southwest Quarter of the Northeast
Quarter a distance of 803.7 feet to a point on the proposed
Westerly right of way line of U.S. Highway 71-B for the point
of beginning; thence North 4°58' East along said proposed right
of way line a distance of 31.6 feet to a point; thence North
47°02' East along said proposed right of way line a distance
of 31.5 feet to a point on the existing Westerly right of way
line of said U.S. Highway; thence in a Southwesterly direction
along said existing right of way line on a curve Right having a
radius of 1392.39 feet a distance of 52.8 feet to a point; thence
.South 89°00' West a distance of 21.8 feet. to the point of beginning
and containing 0.02 Acre, more or less, including 689 square
feet, more or less used as a public road
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 10
Owners and/or parties in interest - Cy Carney & Lettie Carney,
Husband and Wife
EASEMENT DESCRIPTION: A part of the Northwest Quarter of the
Southeast Quarter of Section 21, Township 16 North, Range 30
West, Washington County, Arkansas, more particularly described
as follows:
Starting at the Northwest corner of the Northwest Quarter of the
Southeast Quarter of Section 21, thence North 89° 00' East along
the North line of said Northwest Quarter of the Southeast Quarter
a distance of 665.5 feet to a point; thence South 1° 00' East
a distance of 30.0 feet to a point on the existing Southerly
right of way line of State Highway #16; thence North 89° 00' East
along said existing right of way line a distance of 133.0 feet
for the point of beginning; thence continue North 89° 00' East
along said existing right of way line a distance of. 21.6 feet
to a point on the existing Westerly right of way line of U.S.
Highway #71; thence in a Southwesterly direction along said
existing right of way line on a curve to the Right having a
radius of 1392.39 feet a distance of 14.3 feet to a point; thence
North 83° 40' West along said existing right of way line a distance
of 10.0 feet to a point on the proposed Southwesterly right of
way line of said U.S. Highway; thence North 38° 21' West along
said proposed right of way line a distance of 16.3 feet to the
point of beginning and containing 211 square feet, more or less.
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SCHEDULE "A" TO COMPLAINT AT LAW
TRACT 11
Owners and/or parties in interest - John F. and Lee Ashburn,
husband and wife
TEMPORARY CONSTRUCTION EASEMENT: A part of Lots 9, 10, and 11
Block 6 of the Resurvey of Blocks 5 and 6, Ferguson's Addition
to the City of Fayetteville, Washington County, Arkansas, more
particularly described as follows:
Beginning at a point that is 30.0 feet Right of and on a radial
line from construction centerline station 114+00.0, said point
being on the existing Easterly right of way line of U.S. Hwy.
71-B; thence North 85° 17' East along said existing right of
way line a distance of 5.0 feet to a point; thence in a
Southeasterly direction on a curve Left having a radius of 442.46
feet a distance of 94.4 feet to a point; thence South 89° 05'
West a distance of 5.2 feet to a point on said existing right
of way line; thence in a Northwesterly direction along said
existing right of way line on a curve Right having a radius
of 447.46 feet a distance of 94.0 feet to the point of beginning
and containing 471 square feet, more or 7,,ess.