HomeMy WebLinkAbout74-83 RESOLUTIONRE S OLUT I ON__NO ... 14-
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO FILE EMINENT. DOMAIN PROCEEDINGS TO CONDEMN STREET
RIGHT-OF-WAY.ACROSSPROPERTIES OWNED BY STEVE CUMMINGS,
JOHN H. AND BILLIE"J.-`STEWART, BONNIE A. AND LINDA L.
MORRIS; EBRAHIM NICKNAME LEILALADI, HAROLDtD. PINKERTON,
AND NANCY CAROL DRYER GARTON FOR THE PURPOSE OF WIDENING
GREGG AVENUE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the 'City Attorney is hereby authorized and directed
to instituteeminent domain proceedings to condemn the street
right-of-way described in Exhibits 1-6 attached hereto and made
a part hereof which exhibits also reflect the record owners of
said property.
PASSED AND APPROVED this
1983:
vEri
F
r
f
', 1.1 r r
day of
APPROVED:
B
Mayor
`O Fi FICC ARG
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
1983 JUL -5 fill 9:25
CITY OF FAYETTEVILLE, ARKANSAS, WASHINGTON LOUNTY
A Municipal Corporation ALMAhKOL INTIFF
VS. NO. CIV 83 5cao u!RJJ CLr;:�,..
HAROLD E. PINKERTON and MARY E.
PINKERTON, Husband and Wife, and
FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF FAYETTEVILLE,
ARKANSAS
COMPLAINT AT LAW
DEFENDANTS
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendants, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is a
city of the first class situated in Washington County,
Arkansas.
2. That by virture of the provisions of Ark. Stat.
Ann. §35-901, et seq., plaintiff is authorized to acquire by
eminent domain rights-of-way, easements, and interests in
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and fee simple title thereto vested in plaintiff,
-2 -
WHEREFORE, plaintiff, City of Fayetteville, Arkansas,
prays that fee simple title to the real property described
in Schedule "A'attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded to
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
CITY. OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
By !/i77 2c>4 . 4:2(,14%'
James James N. McCor
City Attorney
Postal Drawer F
Fayetteville, AR 72701
ii
r>i
SCHEDULE "A" TO COMPLAINT AT LAW
Owners and/or parties in interest:
Harold E. Pinkerton and Mary E. Pinkerton, Husband
and Wife, and First Federal Savings and Loan
Asscciation of Fayetteville, Arkansas
Property Description:
A part of Lot 1, Block 6, Wilson - Adams Addition to
the City of Fayetteville, Washington County, Arkansas,
more particularly described as follows:
Starting at the Northeast corner of Lot 1, Block 6, Wilson
- Adams Addition to the City of Fayetteville, said point
being on the existing Southerly right of way line of
North Street, thence South 89° 58' West along said
existing right of way line a distance of 45.0 feet to
a point on the proposed Easterly right of way line of
Gregg Avenue for the point of beginning; thence South
07° 09' West along said proposed right of way line a
distance of 130.7 feet to a point on the existing Easterly
right of way line of said Gregg Avenue; thence North
00° 23' West along said existing right of way line a
distance of 129.6 feet to a point on the existing right
of way line of North Street; thence North 89° 58' East
along said existing right of way line a distance of
17.1 feet to the point of beginning and containing
1,106 square feet more or less.
1\
IN THE CIRCUIT COURT OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
VS. NO. CIV 83 -
HAROLD E. PINKERTON and MARY E.
PINKERTON, Husband and Wife, and
FIRST FEDERAL SAVINGS AND LOAN'
ASSOCIATION OF FAYETTEVILLE,
ARKANSAS
Now on this
to be heard the
c3 JUL —�
r,
i %J. !u
COUNTY4,HARKAN.SASH }
5,97)
ORDER OF POSSESSION
1
day of J 47t2)
Motion of plai of Iiity
Arkansas, a municipal corporation,
the immediate entry and possession
forth and described in plaintiff's
PLAINTIFF
DEFENDANTS
, 1983, comes on
of Fayetteville,
for an order granting it
of the real property set
Complaint at Law and
Motion for Order of Possession. From said Motion and other
things and matters before the Court, the Court finds:
1. That the lands described in Schedule "A" attached
to plaintiff's Complaint and made a part thereof are needed
by the public for an extension and improvements to Gregg
Avenue.
2. That the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the real property taken is
now designated in the registry of this Court and under the
terms of the Arkansas statutes, plaintiff City of Fayetteville,
Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule
"A" to plaintiff's Complaint at Law.
IT IS, THEREFORE, BY.THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that plaintiff City of Fayetteville, Arkansas,
a municipal corporation shall have the right of iuunediate
entry onto and possession of the real property described in
Schedule "A" to plaintiff's Complaint at Law for the purposes
-2-
set forth in plaintiff's Complaint at Law and Motion for
Order of Possession and defendant is hereby required and
directed to immediately surrender possession of said real
property to the City of FayettevilLe,.-trrkana
•
:IN THE CIRCUIT COURT OF WASHINGTpjy, COUNTYA ARKANSAS
",IUC-S r, 9.
CITY OF FAYETTEVILLE, ARKANSAS, $HINUTCy_CQj(
A Municipal Corporation ALMA K.iL4MNfr'� INTIFF
CI,RCf T CLE
VS. NO. CIV 83 5g/
RONNIE A. MORRIS and LINDA L.
MORRIS, Husband and Wife DEFENDANTS
COMPLAINT AT LAW
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendants, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is a
city of the first class situated in Washington County,
Arkansas.
2. That by virture of the ,provisions of Ark. Stat.
Ann. §35-901, et seq., plaintiff is authorized to acquire by
eminent domain rights-of-way, easements, and interests in
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and fee simple title thereto vested in plaintiff,
City of Fayetteville, Arkansas.
WHEREFORE, plaintiff, City of Fayetteville, Arkansas,
prays that fee simple title to the real property described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court,and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that the temporary construction easement described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded to
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
/4(72z) 4 /2%67
James N. McCord
City Attorney
Postal Drawer F
Fayetteville, AR 72701
SCHEDULE "A" TO COMPLAINT AT LAW
Owners and/or parties in interest:
Ronnie A. Morris and Linda L. Morris, Husband and Wife
Property Description:
Part of the Northeast Quarter of the Northwest Quarter
of Section 9, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at the Southeast corner of Lot 2 of Seamster
Place Addition to the City of Fayetteville, thence
South 89°.58' West along the South lot line thereof a
distance of 137.6 feet to a point on the Easterly existing
right of way line of Gregg Avenue; thence continue South
89° 58' West a distance of 50.2 feet to a point on the
Westerly existing right of way line of Gregg Avenue for
the point of beginning; thence South 04° 25' West along
said existing right of way line a distance of 130.2
feet to a point; thence North 89° 46' West along said
existing right of way line a distance of 5.0 feet to a
point on the Westerly proposed right of way line of Gregg
Avenue; thence North 04° 25' East along said proposed
right of way line a distance of 353.2 feet to a point;
thence North 06° 15' East along said proposed right of
way line a distance of 62.9 feet to a point on the
Southeasterly existing right of way line of the Burlington
Northern Railroad; thence North 21° 56' East along said
existing railroad right of way line a distance of 21.8
feet to a point on the Westerly existing right of way
line of Gregg Avenue; thence along said existing right
of way line on a curve to the left having a radius of
979.93 feet a distance of 81.7 feet to a point; thence
South 04° 25' West along said existing right of way line
a distance of 222.6 feet to the point of beginning and
containing 0.05 acre more or less or 2,106 square feet
more or less.
Temporary Construction Easement Description:
Part of the Northeast Quarter of the Northwest Quarter
and part of the Northwest Quarter of the Northeast
Quarter, both in Section 9, Township 16 North, Range 30
West, Washington County, Arkansas, more particularly
described as follows:
Beginning at a point 40.0 feet Left of and perpendicular
to Centerline Station 27+00.0 of Gregg Avenue; thence
North 03°37' East a distance of 125.7 feet to a point
on the Southeasterly existing right of way line of
Burlington Northern Railroad; thence North 21° 56'
East along said existing Railroad right of way line a
distance of 45.7 feet to a point on the Westerly proposed
right of way line of Gregg Avenue; thence South 06° 15'
West along said proposed right of way line a distance
of 62.9 feet to a point; thence South 04° 25' West along
said proposed right of way line a distance of 353.2 feet
to a point on the Westerly existing right of way line of
Gregg Avenue; thence North 89° 46' West along said existing
right of way line a distance of 7.1 feet to a point; thence
continue North 89° 46' West a distance of 2.9 feet to a
point; thence North 04' 25' East a distance of 275.0
feet to the point of beginning and containing 0.09 acre
more or less.
_.,. IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANS4
' �'.� J'•�i'� - l
?V
CITY OF FAYETTEVILLE, ARKANSAS, %. :'' . PLAINTIFF
A Municipal Corporation +'
V.
NO. Cali -83--1 •
RONNIE A. MORRIS and LINDA L. DEFENDANTS
MORRIS, Husband and Wife
ORDER OF POSSESSION
Now on this _ day of July, 1983, comes on to be
heard the Motion of Plaintiff, City of Fayetteville, Arkansas,
a municipal corporation, for an Order granting it the immediate
entry and possession of the real property set forth and
described in Plaintiff's Complaint at Law and Motion for
Order of Possession. From said Motion and other things and
matters before the Court, the Court finds:
1. That the lands described in Schedule "A" attached
to Plaintiff's Complaint and made a part thereof are needed
by the public for improvements to unsafe and inadequate
street conditions existing on Gregg Avenue and for the
relocation of sewer and/or water lines in connection with
said improvements.
2. That the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the lands taken is now
deposited in the registry of this Court and under the terms
of the Arkansas statutes, Plaintiff, City of Fayetteville,
Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule
"A" to Plaintiff's Complaint at Law.
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that Plaintiff, City of Fayetteville, Arkansas,
a municipal corporation, shall have the right of immediate
Page Two '
entry onto and possession of the real property described in
Schedule "A" to Plaintiff's Complaint at Law for the purposes
set forth in Plaintiff's Complaint at Law and Motion for
Order of Possession, and Defendants, RONNIE A. MORRIS and
LINDA L. MORRIS, Husband and [life, are hereby required and
directed to immediately surrender possession of said
to the City of Fayetteville, Arkansas.
r
CIRCUIT J
IN THE CIRCUIT COURT OF WASHINGTON COUNTY,1?tKr?3S'P�;
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
VS. , NO. CIV 83
i 63 JUL -5 Ail 9. 29
?..A SH/NG ICH Clit4PITIFF
�� h15:;iJ5PS ^
LMA
.i
STEVE CUMMINGS and BANK OF
ELKINS DEFENDANTS
COMPLAINT AT LAW
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendants, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is a
city of the first class situated in Washington County,
Arkansas.
2. That by virture of the provisions of Ark. Stat.
Ann. §35-901, et seq., plaintiff is authorized to acquire by
eminent domain rights-of-way, easements, and interests in
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and fee simple title thereto vested in plaintiff,
City of. Fayetteville, Arkansas.
WHEREFORE, plaintiff, City of Fayetteville, Arkansas,
prays that fee simple title to the real property described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that the temporary construction easement described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded to
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
/James N. McCord
City Attorney
/
Postal Drawer F
Fayetteville, AR 72701
•
•
SCHEDULE
TO COMPLAINT AT LAW
Owners and/or parties in interest:
Steve Cummings and Bank of Elkins
Property Description:
Part of the Southeast Quarter of the Northwest Quarter
of Section 9, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at the Southeast corner of Lot 23 of Country
Gardens Addition to the city of Fayetteville, said
point being on the Northerly existing right of way line
of Holly Street; thence South 89° 58' West along said
existing right of way line a distance of 60.0 feet
to a point on the Easterly existing right of way line
of Gregg Avenue; thence South 88° 45' West a distance
of 40.0 feet to a point on the Westerly existing right
of way line of Gregg Avenue; thence North 00° 12' West
along said existing right of way line a distance of
232.6 feet for the point of beginning; thence North 89°
40' West a distance of 21.4 feet to a point on the Westerly
proposed right of way line of Gregg Avenue; thence along
said proposed right of way line on a curve to the right
having a radius of 2894.78 feet a distance of 272.5
feet to a point; thence North 04° 25' East along said
proposed right of way line a distance of 59.7 feet to
a point on the North line of the Southeast Quarter of
the Northwest Quarter of Section 9; thence South 89° 46'
East along said North line a distance of 9.5 feet to a
point on the Westerly existing right of way line of
Gregg Avenue; thence South 00° 12' East along said existing
right of way line a distance of 331.9 feet to the point
of beginning and containing 0.13 acre more cr less.
Temporary Construction Easement Description:
Part of the Southeast Quarter of the Northwest Quarter
of Section 9, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Beginning at a. point 60.0 feet Left of and on a radial
line to Centerline Station 22+00 of Gregg Avenue; thence
North 13°32' East a distance of 125.2 feet to a point
on the North line of the Southeast Quarter of the Northwest
Quarter of Section 9; thence South 89°46' East along said
North line a distance of 9.5 feet to a point on the
Westerly proposed right of way line of Gregg Avenue;
thence South 04°25' West along said proposed right of
way line a distance of 59.7 feet to a point; thence in
a Southerly direction on a curve to the Left having a
radius of 2894.78 feet a distance of 272.5 feet to a
point; thence North 39°40' West a distance of 31.2 feet
to a point; thence North 01°25' East a distance of 210.1
feet to the point of beginning and containing 0.20 acre
more or less.
IN THE CIRCUIT COURT OF WASHINGTON COUNTY; AREANSAS`
14- L -a _ I 1.\
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
EB JUL -5 PX4IN7 FFS
VS. NO. CIV 83--7 . GTi;? r, -,U„
:T.Y
STEVE CUMMINGS and BANK OF "L'" ' -''E'
ELKINS CU31:Ur CHIJEFENDANTS
ORDER -OF POSSESSION/
Now on this ,'L lday of 'e. 1983, comes on
to be heard the Motion of plain/tri�ff, ity of Fayetteville,
Arkansas, a municipal corporation, for an order granting it
the immediate entry and possession of the real property set
forth and described in plaintiff's Complaint at Law and
Motion for Order of Possession. From said Motion and other
things and matters before the Court, the Court finds:
1. That the lands described in Schedule "A" attached
to plaintiff's Complaint and made a part thereof are needed
by the public for an extension and improvements to Gregg
Avenue.
2. That the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street imprcvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the real property taken is
now designated in the registry of this Court and under the
terms of the Arkansas statutes, plaintiff City of Fayetteville,
Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule
to plaintiff's Complaint at Law.
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that plaintiff City of Fayetteville, Arkansas,
a municipal corporation shall have the right of immediate
entry onto and possession of the real property described in
Schedule "A" to plaintiff's Complaint at Law for the purposes
set forth in plaintiff's Complaint at Law and Motion for
Order of Possession and defendants are hereby required and
directed to immediately surrender possession of sa'..iit:.1
property to the City of Fayetteville,_ A
FILED
IN THE CIRCUIT COURT OF WASHINGTON G0183rYtainT9 6
IAStPNj TON COUNTY, ARK.
�L!+A KCI ATIFF
CITY OF FAYETTEVILLE,_:ARKANSAS,
A Municipal Corporation
VS. NO. CIV 83
JOHN H. STEWART AND BILLIE J.
STEWART, Husband and Wife
-583
COMPLAINT AT LAW
DEFENDANTS
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendants, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is
a city of the first class situated in Washington County, Arkansas.
2. That by virture of the provisions of Ark. Stat. Ann.
§35-901, et seq., plaintiff is authorized to acquire by
eminent domain rights-of-way, easements, and interests in ,
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and fee simple title thereto vested in plaintiff,
City of Fayetteville, Arkansas.
-2 -
WHEREFORE, plaintiff, City of Fayetteville, Arkansas,
prays that fee simple title to the real property described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that the temporary construction easement described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded to
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
�7 /
/dames N. ilcCord
City Attorney
/ Postal Drawer F
,/ Fayetteville, AR 72701
•
{,•
SCHEDULE "A" TO COMPLAINT AT LAW
Owners and/or parties in interest:
John H. Stewart and Billie J. Stewart, Husband and Wife
Property Description:
A part of Lots 6 & 7, Block 2, Adams Addition to the City
of Fayetteville, Washington County, Arkansas, more
particularly described as follows:
Starting at the Southeast corner of Lot 6, Block 2, Adams
Addition to the City of Fayetteville, said point being
on the existing Northerly right of way line of Patricia
Lane; thence South 89° 58' West along said existing right
of way line a distance of 73.94 feet to a point on the
proposed Northerly right of way line of Gregg Avenue and
Patricia Lane for the point of beginning; thence continue
South 89° 58' West along said existing right of way line
a distance of 9.5 feet to a point on the existing Easterly
right of way line of Gregg Avenue; thence North 00° 02'
East along said existing right of way line a distance of
15.1 feet to a point on said proposed right of way line;
thence South 32° 13' East along said proposed right of
way line a distance of 17.8 feet to the point of beginning
and containing 72 square feet more or less.
ALSO:
Starting at the Northeast corner of Lot 7, Block 2, Adams
Addition to the City of Fayetteville, said point being
on the existing Southerly right of way line of Holly
Street; thence South 89° 58' West along said existing
right of way line a distance of 75.24 feet to a point on
the proposed Southwesterly right of way line of Gregg
Avenue and Holly Street for the point of beginning;
thence South 39° 34' West along said proposed right of way
line a distance of 12.9 feet to a point on the existing
Easterly right of way line of Gregg Avenue; thence
North 00° 02' East along said existing right of way line
a distance of 9.9 feet to a point on said existing right
of way line of Holly Street; thence North 89° 58' East
along said existing right of way line a distance of 8.2
feet to the point of beginning and containing 41 square
feet more or less.
Total area to acquire 113 square feet more or less.
Temporary Construction Easement Description:
Part of Lots 6 and 7 of Block 2 of Adams Addition to the
City of Fayetteville, Washington County, Arkansas, more
particularly described as follows:
Beginning at a point that is 45.0 feet right of and per-
pendicular to Centerline Station 17+19.9 said point
being on the North line of Lot 7, Block 2, said point
also being on the Southerly existing right of way line
of Holly Street; thence South 13° 54' West a distance
of 20.5 feet to a point; thence South 00° 13' East a
distance. of 255.0 feet to a point; thence South 44° 56'
East a distance of 21.3 feet to a point on the Northerly
existing right of way line of Patricia Lane; thence
South 89° 58' West along said existing right of way line
a distance of 15.0 feet to a point on the proposed
Easterly right of way line of Gregg Avenue; thence
North 32° 13' West along said proposed right of way
line a distance of 17.8 feet to a point on the Easterly
existing right of way line of Gregg Avenue; thence
North 00° 02' East along said existing right of way line
a distance of 265.0 feet to a point on said proposed
right of way line of Gregg Street; thence North 39° 34'
East along said proposed right of way line a distance
of 12.9 feet to a point on Southerly right of way line
of Holly Street; thence North 89° 58' East along said
existing right of way line a distance of 5.0 feet to
the point of beginning and containing 2,616 square feet
more or less.
IN
)()
THE CIRCUIT COURT OF WASHINGTON q.crANj'1,_-Rww.A G
CITY OF FAYETTEVILLE-;..ARKANSAS,
A Municipal Corporation
VS. NO. CIV
JOHN H. STEWART AND BILLIE J.
STEWART, Husband and Wife
“m0,,i tJT_ uU7
ALmoLLHttkINTIFF
83- V'fil,3
DEFENDANTS
ORDER OF POSSESSION
Now on this , ) day of` - /� 1983, comes on to
be heard the Motion of plaintiff, Ci y of Fayetteville, Arkansas,
a municipal corporation, for an order granting it the immediate
entry and possession of the real property set forth and des-
cribed in plaintiff's Complaint at Law and Motion for Order
of Possession. From said Motion and other things and matters
before the Court, the Court finds:
1. That
to plaintiff's
the public for
2. That
the lands described in Schedule "A" attached
Complaint and made a part thereof are needed by
an extension and improvements to Gregg Avenue
the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the real property taken is
now designated in theregistry of this Court and under the terms
of the Arkansas statutes, plaintiff City of Fayetteville,
Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule "A"
to plaintiff's Complaint at Law
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that plaintiff City of Fayetteville, Arkansas, a
municipal corporation shall have the right of immediate entry
onto and possession of the real property described in Schedule "A"
to plaintiff's Complaint at Law for the purposes set forth in
plaintiff's Complaint at Law and Motion for Order of Possession
and defendant is hereby required and directed to mme.'atel
surrender possession of said real pryo rrty to th- y of
•
'! E
IN THE CIRCUIT COURT OF WASHINGTON COUNTY; f&K4tfiCSO R
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
VS.
NO. CIV 83
1383 JUL —5 Gil 9: 32
SHmitA0%TIIT T
ARF,v434s
.5q1 MLM..ISOLLM:YER
C'RC1!:T CLEI;iK
EBRAHIM NIKNAME LEILABADI DEFENDANT
COMPLAINT AT LAW
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendant, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is a
city of the first class situated in Washington County,
Arkansas.
2. That by virture of the provisions of Ark. Stat.
Ann. §35-901, et seq., plaintiff is authorized to acquire by
eminent domain rights-of-way, easements, and interests in
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
,,to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and fee simple title thereto vested in plaintiff,
City of Fayetteville, Arkansas.
4
-2- o
WHEREFORE; plaintiff, City of Fayetteville, Arkansas,
prays that fee simple title to the real property described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that the temporary construction easement described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded tc
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
By:
!:tames N. McCord
/City Attorney
/Postal Drawer F
Fayetteville, AR 72701
7.1
SCHEDULE "A" TO COMPLAINT AT LAW
Owners and/or parties in interest:
Ebrahim Nikname Leilabadi
Property Description:
Part of Lot 6, Block 1 of the Revised Plat of Lots 3
thru 9 inclusive of Block 6 of Parkers Plat of Valley
View Acres to the City of Fayetteville, being part of
the Southwest Quarter of the Southeast Quarter of
Section 4, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at the Southeast Corner of Lot 6, Block 1 of the
Revised Plat of Lot 3 thru 9 inclusive of Block 6 of
Parkers Plat of Valley View Acres; thence North 88° 34'
West along the South line thereof, a distance of 172.8 feet
to a point on the existing Easterly right of way line
of Gregg Avenue for the point of beginning; thence
continue North 88° 34' West along said existing right of
way line a distance of 23.4 feet to a point; thence
in a Northeasterly direction along said existing right
of way line on a curve to the Left having a radius of
1989.86 feet a distance of 170.65 feet to a point on the
existing Southerly right of way line of Miller Street;
thence South 89° 13' East along said existing right of
line a distance of 36.8 feet to a point on the proposed
Easterly right of way line of said Gregg Avenue; thence
South 54° 29' West along said proposed right of way line
a distance of 24.2 feet tc a point; thence in a South-
westerly direction along said proposed right of way line
on a curve to the Right having a radius of 1175.92 feet
a distance of 116.16 feet to a point; thence South 23°
43' West along said proposed right of way line a distance
of 39.7 feet to the point of beginning and containing
3,245 square feet, more or less.
Temporary Construction Easement Description:
A part of Lot 6, Block 1, of the revised plat of Lots
3-9 inclusive of Block 6 of Parkers Plat of Valley View
Acres Addition to the City of Fayetteville, Washington
County, Arkansas, more particularly described as follows:
Beginning at a point that is 32.7 feet right of and on a
radial line from Construction Centerline Station 48+80.9,
said point being on the proposed Easterly right of way
line of Gregg Avenue; thence North 54° 29' East along
said proposed right of way line a distance of 17.5
feet to a point on the existing Southerly right of way
line of Miller Street; thence South 89° 13' East along
said existing right of way line a distance of 63.5
feet to a point; thence South 00° 47' West a distance
of 10.4 feet to a point; thence North 39° 13' West a
distance of 77.6 feet to the point of beginning and
containing 734 square feet more or less.
IN THE CIRCUIT COURT OF WASHINGTON COUNTY,:ARKANSAS'
> C�
t 1 t .__ '
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
1E83 JUL -5 P.3.AjI,tTALFF
VS. NO. CIV 83- J �i
�. `, 'COUNTY
EBRAHIM NIKNAME. LEILABADI ALMA HOLLI'6EFENDANT
/' f`1'rC1E..
ORDER OF POSSESSION
Now on this 3 day of
to be heard the Motion of plairftiff, /C ity of Fayetteville,
Arkansas, a municipal corporation, for an order granting it
the immediate entry and possession of the real property. -set
forth and described in plaintiff's Complaint at Law and
Motion for Order of Possession. From said Motion and other
things and matters before the Court, the Court finds:
1. That the lands described in Schedule "A" attached
to plaintiff's Complaint and made a part thereof are needed
by the public for an extension and improvements to Gregg
Avenue.
2. That the determination of the questions in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the real property taken is
now designated in the registry of this Court and under the
terms of the Arkansas statutes, plaintiff City of Fayetteville,
Arkansas,is entitled to have the right of immediate entry
and possession of the real property described in Schedule
to plaintiff's Complaint at Law.
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that plaintiff City of Fayetteville, Arkansas,
a municipal corporation shall have the right of immediate
entry onto and possession of the real property described in
Schedule "A" to plaintiff's Complaint at Law for the purposes
set forth in plaintiff's Complaint at Law and Motion for
Order of Possession and defendant is hereby required and
directed to immediately surrender possession of said real
property to the City of Fayetteville,-- rkansas
CIRCUIT_ J "sGE
1
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKAtSA
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
VS; NO. CIV- 83-f3g5
NANCY CAROL DRYER GARTON
COMPLAINT AT LAW
1383 JULn
—5 IV �. o.
Js
';rS;fl pLik.I.I'T
DEFENDANT
Comes the City of Fayetteville, Arkansas, a municipal
corporation, and for its action against the lands described
herein and against the above named defendant, states:
1. That plaintiff is a municipal corporation duly
organized under the laws of the State of Arkansas, and is a
city of the first class situated in Washington County,
Arkansas.
2. That by virture of the provisions of Ark. Stat.
Ann. §35-901, et seq., plaintiff is authorized to acquire by
eminE.nt domain rights-of-way, easements, and interests in
fee simple title to real property for public streets, roads,
and highways.
3. That the present condition of Gregg Avenue is
inadequate for the needs of the public; and that in order
for the City of Fayetteville to provide a safe and adequate
public street system, the City of Fayetteville is presently
in the process of constructing an extension and improvements
to Gregg Avenue.
4. That the real property described in Schedule "A"
attached hereto and made a part hereof, showing the owners
and/or parties having an interest in the same, is located in
Washington County, Arkansas, and is needed by the City of
Fayetteville, Arkansas, for the aforesaid street improvements
and has• been authorized for condemnation by the Board of
Directors of the City of Fayetteville, Arkansas; and it is
necessary that said real property be condemned by order of
this Court and feesimple title thereto vested in plaintiff,
City of Fayetteville, Arkansas.
WHEREFORE, plaintiff, City of Fayetteville,. Arkansas,
prays that fee simple title to the real property described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that the temporary construction easement described
in Schedule "A" attached hereto and made a part hereof be
condemned by order of this Court, and that title to said
real property be adjudged and vested in the City of Fayetteville,
Arkansas; that just compensation for the condemnation and
taking of said real property be ascertained and awarded to
the parties who are entitled thereto, and for such other
relief to which it may be entitled.
•
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation, PLAINTIFF
sy : 270
/ames N. McCord
City Attorney
Postal Drawer F
Fayetteville, AR 72701
SCHEDULE "A" TO COMPLAINT AT LAW
.Owners and/or parties in'interest:
Nancy Carol Dryer Garton
Property Description:
Part of Lot 1, Block 6 of Parkers Plat of Valley View
Acres Subdivision to the City of Fayetteville, being
part of the Northwest Quarter of the Southeast Quarter
of Section 4, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Starting at the Southeast Corner of Lot 1, Block 6 of
Parkers Plat of Valley View Acres Subdivision; thence
North 89° 15' West along the South line thereof a
distance of 145.5 feet to a point on the existing
Easterly right of way line of Gregg Avenue; thence
North 11° 32' East along said existing right of way
line a distance of 87.0 feet to a point for the point
of beginning; thence continue North 11° 32' East along
said existing right of way line a distance of 77.3 feet
to a point; thence South 89° 15' East along said
existing right of way line a distance of 25.5 feet to
a point on the proposed Easterly right of way line of
said Gregg Avenue; thence South 11° 32' West along said
proposed right of way line a distance of 77.3 feet to
a point; thence North 89° 15' West a distance of 25.5
feet to the point of beginning and containing 1,933
square feet, more or less.
•
Temporary Construction Easement Description:
Part of Lot 1, Block 6 of Parkers Plat of Valley View
Acres Subdivision to the City of Fayetteville, being
part of the Northwest Quarter of the Southeast Quarter
of Section 4, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows:
Beginning at a point which is 50.0 feet to the right of
and perpendicular to Centerline Station 58+64.5 construction
centerline of Gregg Avenue; thence South 11° 32' West
a distance of 77.3 feet to a point; thence North 89° 15'
West a distance of 20.4 feet to a point on the proposed
Easterly right of way line of Gregg Avenue; thence
North 11° 32' East along said proposed right of way line
a distance of 77.3 feet to a point on the existing
Easterly right of way line of said Gregg Avenue; thence
South 89° 15' East along said existing right of way line
a distance of 7.7 feet to a point; thence continue
South 89° 15' East a distance of 12.7 feet to the point
of beginning and containing 1,549 square feet, more or
less.
•
IN THE CIRCUIT COURT OF,..WASHINGTON COUNTY,:ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
VS
NANCY CAROL DRYER GARTON
NO. CIV 83-;17;
ORDER OF POSSESSION
Now on this �day of
r 1FR
iCa..
1283 JUL-RJ.ATNT;IFj
WASHINGTC:I _ .UNT`!
iR Ari .\
ALMA KU' yDANT
CIRCI
1983, comes on
to be heard the Motion of plain iff, City of Fayetteville,
Arkansas, a municipal corporation, for an order granting it
the immediate entry and possession of the real property set
forth and described in plaintiff's Complaint at Law and
Motion for Order of Possession. From said Motion and other
things and matters before the Court, the Ccurt finds:
1. That the lands described in Schedule "A" attached
to plaintiff's Complaint and made a part thereof are needed
by the public for an extension and improvements to Gregg
Avenue.
2. That the determination of the questions. in controversy
in this proceeding is likely to retard the progress of said
street improvement project.
3. That a sum designated and approved by the Court as
estimated just compensation for the real property taken is
now designated in the registry of this Court and under the
terms of the Arkansas statutes, plaintiff City of Fayetteville,
Arkansas, is entitled to have the right of immediate entry
and possession of the real property described in Schedule
to plaintiff's Complaint at Law.
IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED,
AND ADJUDGED that plaintiff City of Fayetteville, Arkansas,
a municipal corporation shall have the right of immediate
entry onto and possession of the real property described in
Schedule "A" to plaintiff's Complaint at Law for the purposes
set forth in plaintiff's Complaint at Law and Motion for
Order of Possession and defendant is hereby required and
directed to immediately surrender possession ofreal
property to the City of Fayetteville
CIR