1432 000148
ORDINANCE NO, 1432 ( #20 - 1 1)
AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON
CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS FOR ACQUISITION OF PUBLIC EASEMENTS
AND RIGHTS OF WAY FOR ME CONSTRUCTION AND DEVELOPMENT OF
IMPROVED PUBLIC WATER LINES FOR THE CONSTRUCTION PROJECTS
ON BEHALF OF JACKSONVILLE WATER WORKS (SOLELY AND ALSO ON
BEHALF OF CENTRAL ARKANSAS WATER); AND, FOR OTHER PURPOSES.
WHEREAS, despite extensive efforts on behalf of Jacksonville Water Works
to acquire certain utility easements and rights of way across and through real
properties owned by Martino & Carrasquillo Investments, L.L.C., Lilac, L.L.C. Jackie
R. and Alma J. Calhoun, Leroy Duckett, Rex Johnson, Bobbie Meadough and Patricia
Griffin, W.S. Cummins and Patricia Prelow, for construction and improvement of
public water lines and the necessary ingress and egress for Jacksonville Water
Works and its associated entity, Central Arkansas Water, efforts to amicably resolve
the parties' differences and secure the required property easements and rights of
way have failed. Immediate access to said real properties as described below is
required for construction and development of improved public water lines and the
necessary ingress and egress to such for construction projects on behalf of the
Jacksonville Water Works and Central Arkansas Water; and,
WHEREAS the need for immediate access to said easements and rights of
way across and through the real roperties described below is required for the
public purpose of construction and development of said water line improvements
and utility locations. Under authority granted in ACA § 18 -15 -201 et. seq., the City
Council exercises its rights of eminent domain to obtain and condemn utility
easements and rights of way across and through the real properties described
herein to provide adequate land required for the improved public water lines and the
necessary ingress and egress to such for the construction projects of Jacksonville
Water Works and Central Arkansas Water.
NOW THEREFORE BEITORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS :
SECTION ONE; Access to the real properties described herein is
hereby required by the City of Jacksonville, Arkansas, by and through the
Jacksonville Water Works, for public purposes of providing adequate land for
improved public water lines and the necessary ingress and egress to such for the
purpose of construction projects of the Jacksonville Water Works and Central
Arkansas Water.
Parcel One: Owner: MARTINO & CARRASQUILLO INVESTMENTS, L.L.C.
Pulaski County Parcel No. 1230800100900
A STRIP OF LAND 20' WIDE AND 169' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE
EAST 20' OF PARCEL NUMBER 1230800100900, ACCORDING TO THE TAX
RECORDS OF PULASKI COUNTY, ARKANSAS, SAID TRACT BEING FURTHER
DESCRIBED IN A TRUSTEE'S DEED FILED AS INSTRUMENT NUMBER
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Ordinance No. 1432 ( #20 -11)
Page Two
2005084718 IN THE RECORDS OF PULASKI COUNTY, ARKANSAS, SAID
PERMANENT EASEMENT CONTAINING 0.078 ACRES MORE OR LESS.
AND
A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING WEST OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT,
LESS AND EXCEPT THE FOOTPRINT OF ANY EXISTING PERMANENT
STRUCTURE ON THE ABOVE SAID TRACT.
Parcel Two: Owner: MARTINO & CARRASQUILLO INVESTMENTS, L.L.C.
Pulaski County Parcel No. 12J0800101100
A STRIP OF LAND 20' WIDE AND 159' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE
EAST 20' OF PARCEL NUMBER 1230800101100, ACCORDING TO THE TAX
RECORDS OF PULASKI COUNTY, ARKANSAS, SAID TRACT BEING FURTHER
DESCRIBED IN A TRUSTEE'S DEED FILED AS INSTRUMENT NUMBER
2005084722 IN THE RECORDS OF PULASKI COUNTY, ARKANSAS, SAID
PERMANENT EASEMENT CONTAINING 0.073 ACRES MORE OR LESS.
AND
A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING WEST OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT,
LESS AND EXCEPT THE FOOTPRINT OF ANY EXISTING PERMANENT
STRUCTURE ON THE ABOVE SAID TRACT.
Parcel Three: Owner: LILAC, L. L.C.
Pulaski County Parcel No. 2250220003400
A STRIP OF LAND 5' WIDE AND 2272' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, BEING A PART OF THE SE 1 /4, NW 1 /4,
SECTION 22, TOWNSHIP 3 NORTH, RANGE 11 WEST, AND LYING UPON
AND ACROSS PARCEL NUMBER 2250220003400 AS LISTED IN THE TAX
RECORDS OF PULASKI COUNTY, ARKANSAS, SAID STRIP OF LAND BEING 5'
WIDE AND LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE SOUTH
LINE OF AN EXISTING 10' WIDE EASEMENT, WHICH IS RECORDED AS
INSTRUMENT NUMBER 2002165948 IN THE RECORS OF PULASKI COUNTY,
ARKANSAS, AND LYING 5' SOUTH OF A LINE WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF 211
FEET WEST OF GENERAL SAMUELS ROAD, AND THENCE EASTERLY AND
PARALLEL TO THE ABOVE SAID EXISTING 10' WIDE EASEMENT, 2272 FEET,
SAID PERMANENT EASEMENT CONTAINING 0.261 ACRES MORE OR LESS.
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Ordinance No. 1432 ( #20 -11)
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AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING SOUTH OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID EASEMENT.
Parcel Four: Owner: LILAC, L.L.C.
Pulaski County Parcel No. 2250220003400
A STRIP OF LAND 15' WIDE AND 846' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, BEING A PART OF THE SE 1 /4, NW 1/4,
SECTION 22, TOWNSHIP 3 NORTH, RANGE 11 WEST, AND LYING UPON
AND ACROSS PARCEL NUMBER 2250220003400 AS LISTED IN THE TAX
RECORDS OF PULASKI COUNTY, ARKANSAS, SAID STRIP OF LAND BEING
15; WIDE AND LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE
SOUTH RIGHT -OF -WAY LINE OF GENERAL SAMUELS ROAD, IN
JACKSONVILLE, PULASKI COUNTY, ARKANSAS, AND LYING 7.5' ON EACH
SIDE OF AN EASEMENT CENTERLINE, WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING ATA POINT 211 FEET WESTOFTHE
CENTERLINE OF JEFFERSON DRIVE AND 47.5 FEET SOUTH OF THE
CENTERLINE OF GENERAL SAMUELS ROAD, AND THENCE WESTERLY AND
PARALLEL TO THE RIGHT -OF -WAY OF GENERAL SAMUELS ROAD 846 FEET
MORE OR LESS TO THE NORTHWESTERN MOST BOUNDARY OF THE
AFORESAID PARCEL, SAID PERMANENT EASEMENT CONTAINING 0.291
ACRES MORE OR LESS.
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING SOUTH OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
Parcel Five: Owner: JACKIE R. AND ALMA J. CALHOUN
Pulaski County Parcel No. 12R0030016902
A STRIP OF LAND 20' WIDE AND 80' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE
SOUTH 20' OF THE LANDS LYING NORTH OF THE NORTH RIGHT -OF -WAY
OF RIXIE ROAD AS DESCRIBED IN A RIGHT -OF -WAY EASEMENT FILED
UNDER INSTRUMENT NO. 98- 062119, OF THE RECORDS OF PULASKI
COUNTY, ARKANSAS, CONTAINING 0.037 ACRES MORE OR LESS.
AND
A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTH OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
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Ordinance No. 1432 ( #20 —11)
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Parcel Six.: Owner: LEROY DUCKETT
Pulaski County Parcel No. 23R0030017000
A STRIP OF LAND 20' WIDE FOR A PERMANENT WATER LINE EASEMENT,
SAID STRIP OF LAND BEING DESCRIBED AS BEGINNING AT THE
INTERSECTION OF THE WEST LINE OF THE PROPERTY DESCRIBED IN A
WARRANTY DEED FILED AS INSTRUMENT NO. 78-04598, OF THE RECORDS
OF PULASKI COUNTY, ARKANSAS AND THE NORTH R/W OF RIXEY ROAD;
THENCE EAST ALONG THE SAID NORTH R/W A DISTANCE OF 132' MORE OR
LESS TO THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT;
THENCE NORTHEASTERLY ALONG THE SAID EASTERLY EASEMENT LINE A
DISTANCE OF 52' MORE OR LESS TO THE EAST LINE OF THE SAID
PROPERTY; THENCE NORTH ALONG THE SAID EAST PROPERTY LINE A
DISTANCE OF 28' MORE OR LESS TO A POINT WHICH IS A PERPENDICULAR
DISTANCE OF 20.0' NORTHWESTERLY OF THE SAID EAST ENTERGY
EASEMENT LINE; THENCE SOUTHWESTERLY ALONG A LINE WHICH IS A
PERPENDICULAR DISTANCE OF 20.0' NORTHWESTERLY OF THE SAID EAST
ENTERGY EASEMENT LINE A DISTANCE OF 63' MORE OR LESS TO A POINT
WHICH IS A PERPENDICULAR DISTANCE OF 20.0' NORTH OF THE SAID
NORTH R/W OF RIXEY ROAD; THENCE WEST ALONG A LINE WHICH IS A
PERPENDICULAR DISTANCE OF 20.0' NORTH OF THE SAID NORTH R/W OF
RIXEY ROAD A DISTANCE OF 125' MORE OR LESS TO THE SAID WEST
PROPERTY LINE; THENCE SOUTH ALONG THE SAID WEST PROPERTY LINE
A DISTANCE OF 20.0' TO THE POINT OF BEGINNING, SAID 20' WIDE STRIP
OF LAND CONTAINING 0.085 ACRES MORE OR LESS.
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY
OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT
EASEMENT.
Parcel Seven: Owner: REX JOHNSON
Pulaski County Parcel No. 12R0030018600
A STRIP OF LAND 20' WIDE AND 83' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING
NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN
EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED IN A
LIMITED WARRANTY DEED FILED AS INSTRUMENT NO. 2000043737 OF
THE RECORDS OF PULASKI COUNTY, ARKANSAS, BEING BOUNDED BY THE
WEST AND EAST LINES OF THE SAID PROPERTY, SAID PERMANENT WATER
LINE EASEMENT CONTAINING 0.038 ACRES MORE OR LESS.
000152
Ordinance No. 1432 ( #20 -11)
Page Five
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY
OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT
EASEMENT.
Parcel Eight.: Owner: BOBBIE MEADOUGH AND /OR PATRICIA GRIFFIN
Pulaski County Parcel No. 12R0030018800
A STRIP OF LAND 20' WIDE AND 83' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING
NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN
EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED IN A
LIMITED WARRANTY DEED FILED AS INSTRUMENT NO. 2000043737 OF
THE RECORDS OF PULASKI COUNTY, ARKANSAS, BEING BOUNDED BY THE
WEST AND EAST LINES OF THE SAID PROPERTY, SAID PERMANENT WATER
LINE EASEMENT CONTAINING 0.038 ACRES MORE OR LESS.
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY
OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT
EASEMENT.
Parcel Nine: Owner: W.S. CUMMINS
Pulaski County Parcel No. 12R0030019200
A STRIP OF LAND 20' WIDE AND 326' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING
NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN
EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED AS
TRACT 1 IN A QUITCLAIM DEED FILED UNDER INSTRUMENT NO. 81- 08280,
OF THE RECORDS OF PULASKI COUNTY, ARKANSAS (A.K.A. PARCEL NO.
23R- 003.00- 165.00) BEING BOUNDED BY THE WEST AND EAST LINES OF
THE SAID PROPERTY, LESS AND EXCEPT THAT PART OF THE SAID
PERMANENT WATER LINE EASEMENT LYING ON LANDS KNOWN AS PARCEL
NO. 23R- 003.00- 192.00, SAID PERMANENT WATER LINE EASEMENT
CONTAINING 0.150 ACRES MORE OR LESS.
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTH OF,
PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT.
000153
Ordinance No. 1432 ( #20 —11)
Page Six
Parcel Ten: Owner: PATRICIA PRELOW
Pulaski County Parcel No. 23R0030019200
A STRIP OF LAND 20' WIDE AND 179' MORE OR LESS IN LENGTH FOR A
PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING
NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN
EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED AS
PARCEL NO. 23R- 003.00- 192.00 OF THE RECORDS OF PULASKI COUNTY,
ARKANSAS, AND BEING BOUNDED BY THE NORTH AND WEST LINES OF
SAID PARCEL, SAID PERMANENT WATER LINE EASEMENT CONTAINING
0.082 ACRES MORE OR LESS.
AND
A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION
EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY
OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT
EASEMENT.
SECTION TWO: The City Council hereby authorizes the Mayor and
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 needed easements and rights of way across and through the real
properties described herein for the purposes to provide adequate land for the
improved ingress and egress of public water lines for the purpose of construction
projects of the Jacksonville Water Works and Central Arkansas Water.
SECTION THREE: Should any part(s) of this Ordinance be declared
invalid for any reason, no other part(s) of the Ordinance shall be affected thereby.
SECTON FOUR: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of y such conflict.
let
APPROVED AND ADOPTED THIS i p l DAY OF NOVEMBER, 2011.
CITY OF JACKSONVILLE, ARKANSAS
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A: F TC ER, MAYOR
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000154
Ordinance No. 1432 ( #20 -11) - ‘e. J ,t
Page Seven . , *^ &
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