HomeMy WebLinkAbout148-90 RESOLUTION•
RESOLUTION NO. 148-90
A RESOLUTION AUTHORIZING THE RELEASE OF
PROPERTY AS LISTED ON EXHIBIT A TO ORDINANCE
3361.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a release of property of the
first legal description in Exhibit "A" to Ordinance 3361 belonging
to Mr. Ashburn, not to Mr. Ashworth. A copy of the release
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this 2nd
4`'ATTEST
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day of October
APPROVED.
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THE CITY OF FAYETTEVILLE. ARKANSAS
July 11, 1990
Mr. Parker David Rushing
c/o Boyce bavis Associates
P.O. Box 999, 221 S. Main
Lincoln, AR 72744
JERRY E. ROSE. CITY ATTORNEY
Re: Ashburn Trust Property
Dear Mr. Rushing:
It has been brought to my attention that City Ordinance No. 3361
incorrectly lists the following described real property as being
owned by Leon Ashworth:
The South Half of the Northeast quarter of the Northwest
quarter and the South Half of the Northwest quarter of
the Northwest quarter of Section Fifteen (15), all in
Township Fifteen (15) North of Range Thirty (30) West,
containing forty (40) acres, more or less.
The City has no interest in this property as it appears that Mr.
Ashworth has and has had no interest in that property.
Accordingly, I will seek to have this property released from that
ordinance as soon as possible. If I may cooperate in any manner,
please don't hesitate to write or call.
Jetrry . Rose
City Attorney
JER/cbp
113 WEST MOUNTAIN 72791 501-575-313
•
FAYETTEVI ILE
THE CITY OF FAYETTEVILLE, ARKANSAS
June 29, 1988
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Leon Ashworth
Route 2
West Fork, Arkansas 72744
RE: Ordinance Ordering Razing and Removal
and Abatement of Unsightly Conditions on
1038 and 1056 South School Avenue
Dear Mr. Ashworth:
JAMES N. McCORD, CITY ATTORNEY
of Unsafe Structures
Property Located at
Enclosed is a copy of an ordinance adopted by the Fayetteville
Board of Directors on June 21, 1988, ordering the razing and
removal of unsafe structures and the abatement of unsightly
conditions on property located at 1038 and 1056 South School
Avenue. The ordinance provides that if you do not commence work
within ten (10) days from from the date you receive this letter,
and complete work within thirty (30) days thereafter, the City is
authorized to do the work and shall have a lien on the property
for the costs incurred.
Sincerely,
CITY ATTORNEY
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FILED FOR RECORD
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88 JUL 15 Rf111 08
ORDINANCE NO. 3361 WASHING i ON CO AR
AN ORDINANCE ORDERING THE RAZING ANDA
REROV' .YER
OF UNSAFE STRUCTURES AND THE ABATEMENT OF
UNSIGHTLY CONDITIONS ON PROPERTY LOCATED AT
1038 AND 1056 SOUTH SCHOOL AVENUE.
WHEREAS, Leon Ashworth is the owner of the real property
described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, the Board of Directors has determined that the
structures located on said property are dilapidated, unsightly,
unsafe and detrimental to the public welfare; and
WHEREAS, the Board of Directors has determined that said
property is overgrown with grass and weeds and is littered with
trash and debris; and
WHEREAS, the owner of said property, after having been given
well over thirty days' notice by certified mail, has neglected and
refused to raze and remove said unsafe structures and to abate
said unsightly conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That Leon Ashworth is hereby ordered to raze
and remove the dilapidated, unsightly and unsafe structures
located on the aforesaid real property; and, further ordered to
abate the unsightly conditions and cut the grass and weeds on said
property. Said work shall be commenced within ten (10) days and
shall be completed within thirty (30) days from the passage of
this ordinance. The manner of removing said structure shall be:
dismantle by hand or bulldoze and haul all debris by truck to a
landfill.
Section 2. If the aforesaid work is not commenced within
10 days or completed within 30 days, the City Manager is hereby
directed to abate the unsightly conditions and cut the weeds and
grass on said property and to cause the aforesaid structures to be
razed and removed; and, the City of Fayetteville shall have a lien
upon the aforesaid real property for the City's costs.
PASSED AND APPROVED this
21st day of
June
APPROVED
By: l'Qt
Ma or a
1988:
tini1278Na072
•
EXHIBIT "A"
The South Half of the Northeast quarter of the
Northwest quarter and the South Half of the
Northwest quarter of the Northwest quarter of
Section Fifteen (15), all in Township Fifteen
(15) North of Range Thirty (30) West, contain-
ing forty (40) acres, more or less.
AND:
Lot No. ten (10) and ten (10) feet of equal
and uniform width off of the North side of Lot
No. nine (9) and ten (10) feet of equal and
uniform width off of the South side of Lot No.
eleven (11) all in Block six (6) of the
revised plat of Blocks five (5) and six (6) in
Ferguson's Addition to the City of Fayette-
ville, as shown in the Record Book at page 142
thereof, save and except any part thereof
taken up with U.S. Highway No. 71 from and
since the 4th day of April, 1930.
AND ALSO:
Part of Lot Numbered eleven (11) in Block
Numbered six (6) in Ferguson's Addition to the
City of Fayetteville, Arkansas, as the same is
known and designated upon the recorded plat of
said addition and more particularly described
as: Beginning at a point which is twenty-five
(25) feet East of the Northwest corner of said
Lot, running thence East one hundred nineteen
(119) feet or to the East line of said Lot
Numbered Eleven (11), thence South forth (40)
feet, thence West one hundred and nineteen
(119) feet, thence North forty (40) feet, to
the place of beginning.
IIEtR1278 cE0 r3
RELEASE
The City of Fayetteville hereby releases to the Ashburn Trust
the following described property:
The South Half of the Northeast quarter of the Northwest
quarter and the South Half of the Northwest quarter of
the Northwest quarter of Section Fifteen (15), all in
Township Fifteen (15) North of Range Thirty (30) West,
containing forty (40) acres, more or less.
The property description was listed on Ordinance No. 3361,
passed June 21, 1988 as property belonging to Mr. Leon Ashworth
for razing and removing. Any lien on the above-described real
estate imposed by said ordinance is hereby discharged and released
in full this nd day of Oc ,A-K,..rh , 1990 and that this
Release only applies to the property described herein.
GIVEN UNDER MY HAND AND SEAL on the day and year above
mentioned.
CITY OF yAYETTEVILLE, ARKANSAS
ATTEST:
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
)SS
COUNTY OF WASHINGTON)
Mayor
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public within and for the county aforesaid,
duly commissioned and acting, the City of Fayetteville, Arkansas
by William Martin, Mayor, and Sherry Thomas, City Clerk, to me
well known as the Grantors in the foregoing Release, and stated
that they had executed the same on behalf of the City of
Fayetteville, Arkansas, for the considerations and purposes herein
mentioned and set forth.
WITNESS my hand and seal as such Notary Public this /Dry
, 1990.
day of (flC-r0a3E.,e
My Commission Jxpir8
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