0659 RESOLUTION NO. 659 ( #05 --11)
A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON
CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION, DEVELOPMENT,
EXPANSION, AND IMPROVEMENT OF STREET RIGHTS OF WAY AND
UTILITY EASEMENTS AND RELOCATIONS ALONG GRAHAM ROAD; AND,
FOR OTHER PURPOSES.
WHEREAS, despite efforts on behalf of the City of Jacksonville to purchase
certain properties owned by property owners for the construction, development,
expansion, and improvement of street Rights of Way and Utility Easements and
relocations, efforts to amicably resolve the parties' differences have failed; and,
WHEREAS, the need for immediate access to said real properties is
required for the public purpose of construction and development of the said
street improvements and utility relocations. Under the authority granted in ACA
§ 18 - 15 - 201 et, seq., the City Council exercises its rights of eminent domain
to obtain and condemn the real properties described herein to provide adequate
land required for the construction, development, expansion, and improvement of
street Rights of Way and Utility Easements and relocations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE Access to the real properties described herein is
hereby required by the City of Jacksonville, Arkansas, for the public purposes of
construction, development, expansion, and improvement of street Rights of Way
and Utility Easements and relocations along Graham Road. Said real properties
and their title owners are as more particularly described below:
PARCEL ONE: AHTD Job No. 061026, Tract 36
WALTER W. NIXON, III & DANA NIXON:
Part of the Southeast Quarter of the Southeast Quarter of Section
20, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at found Cotton Picker Spindle being used as the
Common Corner of Sections 20, 21, 28 and 29; thence North 01 ° 44'
38" East along the East line of the Southeast Quarter of the
Southeast Quarter of Section 20 a distance of 12.00 feet to a point;
thence North 89 29" West a distance of 8.98 feet to a point on
RESOLUTION NO. 659 ( #05 -11)
Page Three
line a distance of 580.99 feet to the Point of Beginning and
containing 0.41 acres or more or less as shown on plans prepared
by the AHTD as referenced in Job 061026.
Parcel Three: AHTD Job No. 061026, Tract 38
HARRY K. DOUGHERTY ESTATE:
Part of the Southeast Quarter of the Southeast Quarter of Section
20, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at found Cotton Picker Spindle being used as the
Common Corner of Sections 20, 21, 28 and 29; thence North 01 ° 44'
38" East along the East line of the Southeast Quarter of the
Southeast Quarter of Section 20 a distance of 12.00 feet to a point;
thence North 89 29" West a distance of 8.98 feet to a point on
the Northerly Prescriptive Right of Way line of Graham Road as
established by Affidavit to the City of Jacksonville dated March 12,
2009 to the POINT OF BEGINNING; thence continuing North 89' 35'
29" West along said Right of Way line a distance of 484.53 feet to
a point; thence North 01 49' 24" East a distance of 30.13 feet to a
point of Northerly Right of Way of Graham Road as established by
AHTD Job 061026; thence South 89 31' 23" East along said Right
of Way line a distance of 155.60 feet to a point; thence North 81
36' 52" East along said Right of Way line a distance of 100.12 feet
to a point; thence South 89' 15' 59" East along said Right of Way
line a distance of 150.28 feet to a point; thence North 76' 26' 53"
East along said Right of Way line a distance of 81.64 feet to a point
on the Easterly Prescriptive Right of Way line of Northeastern
Avenue line as established by Affidavit of the City of Jacksonville
dated March 12, 2009; thence South of 48' 51" West along said
Right of Way line a distance of 53.68 feet to the Point of Beginning
and containing 0.38 acres or 16,526 Square Feet more or less as
shown on plans prepared by the AHTD as referenced in Job
061026.
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 properties described herein for purposes of
the construction, development, expansion, and improvement of street Rights of
RESOLUTION NO, 659 ( #05 -11)
Page Four
Way and Utility Easements and relocations for Graham Road. The City Council
urges the Mayor and City Attorney to further pursue an Order of Possession to
insure quick access to said real properties in the continued efforts to begin
construction, noting and satisfying the requirements of just compensation for the
owners of said real properties and prevention of possible loss of federal funding
for said Project.
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 7 DAY OF APRIL, 2011.
CITY OF JACKSONVILLE, ARKANSAS
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