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0637 0000n RESOLUTION NO, 637 (#16 - 09) A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION AND DEVELOPMENT OF IMPROVED INGRESS AND EGRESS TO DUPREE PARK AND RENOVATION AND CREATION OF ADDITIONAL PUBLIC HOUSING FACILITIES; AND, FOR OTHER PURPOSES. WHEREAS, despite extensive efforts on behalf of the City of Jacksonville, Arkansas, to acquire certain properties owned by Fannie Mae, an Agency funded by and through federal dollars and the U. S. Government and TriTex Real Estate Advisors, Inc., Fannie Mae's successor /agent in title, for construction and improvement of the ingress and egress for Dupree Park and for the renovation and creation of additional low income housing units, lengthy efforts to amicably resolve the parties' differences and secure the property have failed; and, WHEREAS, immediate access to said real property is required for the public purpose of construction and development of improved ingress and egress to Dupree Park and for renovation and creation of additional low income housing. Under authority granted in ACA § 18 - 15 - 201 et. seq., the City Council of the City of Jacksonville hereby exercises its rights of eminent domain to obtain and condemn the real property described below to provide adequate land for the construction and development of improved ingress and egress to Dupree Park and for renovation and creation of additional low income housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT :: SECTION ONE Access to the real property described herein is hereby required by the City of Jacksonville, Arkansas, for the public purpose of the construction and development of improved ingress and egress to Dupree Park and for renovation and creation of additional low income housing. Said real property is more particularly described below: Part of the Southeast Quarter of the Northeast Quarter of Section 25, Township 3 North, Range 11 West, more particularly described as follows: Commencing at the Southeast corner of Lot 20, Block 3, W. W. Keaton's Second Addition to the City of Jacksonville, Pulaski County, Arkansas; thence South 34 degrees 14 minutes West 150 feet to the Point of beginning; thence South 34 degrees 14 minutes West 173 feet to the South line of SE 1/4, NE 1/4, Section 25, Township 3 North, Range 11 West; thence North 82 degrees 17 minutes West 660.2 feet to the East right of way of U. 5. Highway #67; thence along said right of way Northeasterly, 475 feet to a point on the Southerly right of way line of Loop Road, South 55 degrees 49 minutes East 677.6 feet to the Point of Beginning, in the City of Jacksonville, Pulaski County, Arkansas. LESS AND EXCEPT: That part of Southeast Quarter of the Northeast Quarter, Section 25, Township 3 North, Range 11 West, more particularly described as follows: Commence at the Southeast corner of Lot 20, Block 3, of the W. W. Keaton's Second Addition to the City of Jacksonville, Arkansas; thence South 34 degrees 14 minutes West 150.0 feet to a point, said point being the intersection of the Southerly right of way line of Loop Road and the (MOM?? RESOLUTION NO. 637 ( #16 — 09) Page Two Westerly right of way line of Park Avenue; thence North 55 degrees 49 minutes West along said Southerly right of way line of Loop Road, 311.0 feet to the Point of Beginning; thence South 34 degrees 14 minutes West 253.0 feet; thence South 12 degrees 05 minutes East 70.7 feet; thence North 82 degrees 05 minutes West, 370.9 feet to a point on the Easterly right of way line of U. S. Highway 67, 470.8 feet to a point on the Southerly right of way line of Loop Road; thence South 55 degrees 49 minutes East along said Southerly right of way line of Loop Road, 353.1 feet to the Point of Beginning. (Property location: 1705 South Redmond, Jacksonville, Arkansas. Property a /k/a Pulaski County Parcel No. 223- 018 -00- 006 -00) Title Owner: Fannie Mae/TriTex Real Estate Advisors, Inc. SECTION TWO; The City Council hereby authorizes the Mayor and the City Attorney to file the appropriate documents and pleadings necessary, together with posting of the appraised value of the real property in question, with the Circuit Court of Pulaski County, Arkansas, so as to obtain immediate accessibility and privilege to the real property described herein for purposes of the construction and development of improved ingress and egress to Dupree Park and for renovation and creation of additional low income housing. The City Council urges the Mayor and City Attorney to further pursue an Order of Possession to insure quick access to said real property in the continued efforts to begin construction, noting and satisfying the requirements of just compensation for the owners of said real property. SECTION THREE: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS b DAY OF NOVEMBER, 2009. -- • • -.K i , ARKANSAS GARY - HER, MAYOR ATTE SUSAN D' VITT, CITY LERK es I , 1 AP 4 O " P •S TO ruM. ROB B : ' ' 0'