1687ORDINANCE NO. 1687 (#6-2022)
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 THE CONSTRUCTION AND DEVELOPMENT OF IMPROVED
PUBLIC WATER AND SEWER LINES FOR THE CONSTRUCTION PROJECTS ON
BEHALF OF JACKSONVILLE WATER WORKS AND JACKSONVILLE WASTE
WATER; AND, FOR OTHER PURPOSES.
WHEREAS, despite extensive efforts on behalf of Jacksonville Water Works and
Jacksonville Waste Water to acquire certain utility easements and rights of way across and through
real properties owned by P&P Properties, CBL Properties, LLC, Marshall Sutterfield, Burger King
Corporation, Gwatney Harold Chevrolet Company, PTLJ Partnership LTD, McDonald's
Corporation, 1813 TP White -Jacksonville LLC, Parks Land Company LLLP, and Dixon Properties
LLC for construction and improvement of public water and waste water lines and the necessary
ingress and egress, 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 to construction, development, and relocation of public water and waste
water lines and the necessary ingress and egress for such construction projects on behalf of the
Jacksonville Water Works and Jacksonville Waste Water; and
WHEREAS, the need for immediate access to said easements and rights of way across and
through the real properties described below is required for the public purpose of construction and
development of said water and waste water line improvements and utility locations. Under
authority granted in ACA § 18-15-201 et. seq., the City Council of Jacksonville exercises its right
of eminent domain to obtain and condemn utility easements and rights of way across and through
the real properties described herein to provide adequate and required relocation of public water
and waste water lines and the necessary ingress and egress to such for the construction projects of
Jacksonville Water Works and Jacksonville Waste Water.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR 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 and Jacksonville
Waste Water, for public purposes of providing adequate land for the relocation of public water and
waste water lines and the necessary ingress and egress to such for the purpose of construction
projects of the Jacksonville Water Works and Jacksonville Waste Water.
Parcel One: Owner: CBL Properties, LLC
A tract of land for a Permanent Easement in the Northwest 1/4 of the Northeast 1/4
of Section 19, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Southwest corner of said
ORDINANCE NO. 1687 (96-2022)
Page Two
- Northwest 1 /4 of the Northeast 1 /4 of Section 19 ; thence S 88 °24'08" E for a
distance of 737.54 feet to a point; thence N 35 °23'12" E for a distance of 177.25
feet to a point; thence N 22 °47'01 " E for a distance of 20.68 feet to a point; thence
N 35 °45'39" E for a distance of 25.77 feet to a point; thence N 35 °45'39" E for a
distance of 120.89 feet to a point; thence N 35 °45'39" E for a distance of 91.89 feet
to a point; thence S 54 °44'42" E for a distance of 10.00 feet to a point; thence N 35
°45'39" E for a distance of 32.55 feet to the Point of Beginning; thence S 63 °42'45"
E for a distance of 10.14 feet to a point on the right of way of John Harden Drive;
thence along said right of way N 37 °44'21" E for a distance of 113.05 feet to a
point; thence N 37 °44'21" E for a distance of 198.54 feet to a point; thence leaving
said right of way N 88 °11 '43" W for a distance of 12.35 feet to a point; thence S
37 °44'21" W for a distance of 52.14 feet to a point; thence S 37 °44'21" W for a
distance of 144.58 feet to a point; thence S 37 °42'21" W for a distance of 109.63
feet to the Point of Beginning, containing 0.07 Acres (3086.25 S.F.) more or less.
The real property is more fully described in Parcel Number 12JO270003300 of the
Pulaski County, Arkansas Assessor's records.
Parcel Two: Owner: Marshall Sutterfield
A tract of land for a Permanent Easement in the Southwest 1/4 of the Northeast 1/4
of Section 19, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Northeast corner of said
Southwest 1 /4 of the Northeast 1 /4 of Section 19; thence west along the north side
of the section line N 88°24'08" W for a distance of 267.69 feet to a point on the
new right of way of Highway 67-167; thence south along said right of way S
40°00'09" W for a distance of 31.77 feet to a point; thence S 35°21'54" W for a
distance of 104.94 feet to a point; thence S 39'17'14" W for a distance of 163.03
feet to a point; thence S 35°51 '39" W for a distance of 68.83 feet to the Point of
Beginning; thence S 46°35'39" E for a distance of 38.79 feet to a point; thence S
43'24'21 " W for a distance of 22.69 feet to a point on the south line of the property;
thence along said south line N 87°57'32" W for a distance of 11.07 feet to a point;
thence leaving said south line N 46°35'39" W for a distance of 26.51 feet to a point;
thence N 35°51 '39" E for a distance of 30.26 feet to the Point of Beginning,
containing 0.02 Acres (1073.65 S.F.) more or less.
A tract of land for a Temporary Easement in the Southwest 1/4 of the Northeast 1/4
of Section 19, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Northeast corner of said
Southwest 1 /4 of the Northeast 1 /4 of Section 19; thence west along the north side
of the section line N 88°24'08" W for a distance of 267.69 feet to a point on the
new right of way of Highway 67-167; thence south along said right of way S
40°00'09" Wfor a distance of 31.77 feet to a point; thence S 35°21'54" W for a
distance of 104.94 feet to a point; thence S 39°17'14" W for a distance of 163.03
feet to a point; thence S 35°51 '39" W for a distance of 68.83 feet to a point; thence
leaving said right of way S 46°35'39" E for a distance of 38. 79 feet to the Point of
ORDINANCE NO. 1687 (#6-2022)
Page Three
Beginning; thence S 46°35'39" E for a distance of 10.56 feet to a point; thence S
43'24'21 " W for a distance of 13.39 feet to a point on the south property line; thence
along said south line N 87°57'32" W for a distance of 14.06 feet to a point; thence
leaving said south line N 43°24'21" E for a distance of 22.69 feet to the Point of
Beginning, containing 0.01 Acres (190.42 S.F.) more or less.
The real property is more fully described in Parcel Number 12J0270003300 of the
Pulaski County, Arkansas Assessor's records
Parcel Three: Owner: Gwatney Harold Chevrolet Company
A tract of land for a Permanent Easement in the Northeast 1/4 of the Northeast 1/4
of Section 19, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Southwest corner of said
Northeast 1/4 of the Northeast 1/4 of Section 19; thence east along the south side
of the said section line S 88°24'08" E for a distance of 25.30 feet to a point; thence
leaving said section line N 02°10'34" E for a distance of 79.46 feet to the Point of
Beginning; thence S 88°22'02" E for a distance of 20.00 feet to a point; thence N
02°10'34" E for a distance of 292.02 feet to a point; thence N 42°54'11" E for a
distance of 34.33 feet to a point; thence N 12°53'42" E for a distance of 43.18 feet
to a point; thence N 37°39'22" E for a distance of 460.86 feet to a point on the north
property line; thence N 44°56'29" W for a distance of 20.17 feet to a point; thence
S 37°39'22" W for a distance of 467.85 feet to a point; thence S 12°53'42" W for a
distance of 42.21 feet to a point; thence S 42°54'11" W for a distance of 36.39 feet
to a point on the east right of way of North Bailey Blvd.; thence along said east
right of way S 02°10'34" W for a distance of 299.63 feet to the Point of Beginning,
containing 0.38 Acres (16764.85 S.F.) more or less. The real property is more fully
described in Parcel Number 12J0270000500 of the Pulaski County, Arkansas
Assessor's records
Parcel Four: Owner: Gwatney Harold Chevrolet Company
An easement along the southeastern right-of-way line of T P White Drive, located
in the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 19,
Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas.
The permanent easement shall have a total width of 15 feet and be 7 — % feet on
either side of the line as constructed. The real property is more fully described in
Parcel Number 12J0270000500 of the Pulaski County, Arkansas Assessor's records
Parcel Five: Owner: Gwatney Harold Chevrolet Company
A tract of land for a Permanent Easement in the Northeast 1/4 of the Northeast 1/4
of Section 19, and the Southeast 1/4 of the Southeast 1/4 of Section 18, Township
3 North, Range 10 West in Pulaski County Arkansas, more particularly described
as follows: Commencing at the Southeast corner of said Southeast 1/4 of the
Southeast 1/4 of Section 18, thence N 89°08'21" W for a distance of 100.17 feet to
a point on the new proposed right of way of Gregory place; thence along said right
of way S 51°16'28" W for a distance of 7.08 feet to the Point of Beginning; thence
N 06°20'07" E for a distance of 67.35 feet to a point; thence N 28°50'10" E for a
distance of 2.27 feet to a point; thence S 71'41'20" E for a distance of 23.76 feet to
ORDINANCE NO. 1687 (#6-2022)
Page Four
a point on west right of way of North 1 st/ Street; thence along said west right of
way N 15°35'13" E for a distance of 9.24 feet to a point; thence N24'06'21" E for
a distance of 10.83 feet to a point; thence leaving said west right of way N71'41'21"
W for a distance of 41.04 feet to a point; thence S 28°50'07" W for a distance of
22.87 feet to a point; thence S 06°20'24" W for a distance of 1.46 feet to a point;
thence N 85°38'25" W for a distance of 8.97 feet to a point; thence N 66°26'41" W
for a distance of 79.62 feet to a point; thence N 66°26'41 " W for a distance of 18.16
feet to a point; thence S 71 °41' 19" W for a distance of 53.42 feet to a point; thence
S 18'18'43" E for a distance of 20.00 feet to a point; thence N 71'41'12" E for a
distance of 45.77 feet to a point; thence S 66°26'41" E for a distance of 93.52 feet
to a point; thence S 85°38'25" E for a distance of 11.67 feet to a point; thence S
06°20'07" W for a distance of 57.15 feet to a point on the new proposed right of
way of Gregory Place; thence along said new proposed right of way S 88°40'13" E
for a distance of 13.99 feet to a point; thence N 51'16'28" E for a distance of 8.58
feet to the Point of Beginning, containing 0.13 Acres (5501.73 S.F.) more or less.
The real property is more fully described in Parcel Numbers 12JO260102501 and
12JO260102203 of the Pulaski County, Arkansas Assessor's records.
Parcel Six: Owner: Gwatney Harold Chevrolet Company
An easement along the southeastern right-of-way line of T P White Drive, located
in the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 18,
Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas.
The permanent easement shall have a total width of 15 feet and be 7 — 1/2 feet on
either side of the line as constructed. The real property is more fully described in
Parcel Number 12JO260102501 of the Pulaski County, Arkansas Assessor's
records.
Parcel Seven: Owner: Burger King Corporation
A tract of land for a Permanent Easement in the Southeast 1 /4 of the Southeast 1
/4 of Section 18, and in the Northeast 1/4 of the southeast 1/4 of Section 18,
Township 3 North, Range 10 West in Pulaski County Arkansas, more particularly
described as follows: Commencing at the Northeast corner of said Southeast 1/4 of
the Southeast 1/4 of Section 18, thence N 88°14'08" W for a distance of 65.42 feet
to a point on the new proposed right of way of John Harden Drive said point being
the Point of Beginning; thence along said new proposed right of way N 13°46'23"
E for a distance of 0.96 feet to a point on the north line of the property; thence
leaving said right of way and along said north line N 88°23'26" W for a distance of
7.64 feet to a point; thence leaving said north line S 33°59'45" W for a distance of
160.61 feet to a point; thence S 40°38'02" W for a distance of 57.41 feet to a point
on said new proposed right of way of John Harden Drive; thence along said new
proposed right of way N 75°41 '22" E for a distance of 34.82 feet to a point; thence
N 40°38'02" E for a distance of 30.07 feet to a point; thence N 33°59'45" E for a
distance of 129.08 feet to a point; thence N 13°46'23" E for a distance of 38.24 feet
to the Point of Beginning, containing 0.09 Acres (3918.05 S.F.) more or less. The
real property is more fully described in Parcel Number 12JO260300300 of the
Pulaski County, Arkansas Assessor's records.
ORDINANCE NO. 1687 (#6-2022)
Page Five
Parcel Eight: Owner: Burger King Corporation
An easement along the northwestern right-of-way line of John Harden Drive,
located in the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
Section 18, Township 3 North, Range 10 West, City of Jacksonville, Pulaski
County, Arkansas. The permanent easement shall have a total width of 15 feet and
be 7 — 1/2 feet on either side of the line as constructed. The real property is more
fully described in Parcel Number 12JO260300300 of the Pulaski County, Arkansas
Assessor's records.
Parcel Nine: Owner: Gwatney Harold Chevrolet Company
A tract of land for a Permanent Easement in the Southeast 1/4 of the Southeast 1/4
of Section 18, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Southeast corner of said
Southeast 1/4 of the Southeast 1/4 of Section 18, thence along east section line N
02°03'30" E for a distance of 344.25 feet to a point; thence N 53°35'28" W for a
distance of 86.43 feet to the Point of Beginning; thence N 53°35'28" W for a
distance of 34.23 feet to a point; thence S 29°32'39" W for a distance of 20.14 feet
to a point; thence S.53°35'28" E for a distance of 35.50 feet to a point; thence N
25°59'07" E for a distance of 20.34 feet to the Point of Beginning, containing 0.02
Acres (697.37 S.F.) more or less. The real property is more fully described in Parcel
Number 12JO260102205 of the Pulaski County, Arkansas Assessor's records.
Parcel Ten: Owner: P&P Properties
A tract of land for a Permanent Easement in the Northwest 1/4 of the Northeast 1/4
of Section 19, Township 3 North, Range 10 West in Pulaski County Arkansas, more
particularly described as follows: Commencing at the Southwest corner of said
Northwest 1/4 of the Northeast 1/4 of Section 19; thence S 88°24'08" E for a
distance of 737.54 feet to a point; thence N 35°23'12" E for a distance of 177.25
feet to a point; thence N 22°47'01" E for a distance of 20.68 feet to a point; thence
N 35°45'39" E for a distance of 25.77 feet to the Point of Beginning; thence S
53°00'16" E for a distance of 20.00 feet to a point on the new right of way of John
Harden Drive; thence along said right of way N 35°45'39" E fora distance of 120.89
feet to a point; thence leaving said right of way N 53°00'16" W for a distance of
20.00 feet to a point; thence S 35°45'39" W fora distance of 120.89 feet to the Point
of Beginning, containing 0.06 Acres (2417.76 S.F.) more or less. The real property
is more fully described in Parcel Number 12JO270003300 of the Pulaski County,
Arkansas Assessor's records.
Parcel Eleven: Owner: PTLJ Partnership LTD
An easement along the southeastern right-of-way line of T P White Drive, located
in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section
17, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County,
Arkansas. The permanent easement shall have a total width of 15 feet and be 7 —
1/Z feet on either side of the line as constructed. The real property is more fully
ORDINANCE NO. 1687 (#6-2022)
Page Six
described in Parcel Number 12JO260102202 of the Pulaski County, Arkansas
Assessor's records
Parcel Twelve: Owner: McDonald's Corporation
A tract of land for a Permanent Easement in the Southwest 1/4 of the Southwest 1/4
of the Section 17, Township 3 North, Range 10 West in Pulaski County Arkansas,
more particularly described as follows:
Commencing at the Northwest corner of said Southwest 1/4 of the Southwest 1/4
of Section 17, thence along the section line S 89°43'29" E for a distance of 581.70
feet to a point; thence S 00°00'00" E for a distance of 102.34 feet to a point on the
right of way of North 1 st/ Street said point being the Point of Beginning; thence
leaving said right of way S 659 9'24" E for a distance of 20.79 feet to a point; thence
S 08°07'55" E for a distance of 92.52 feet to a point; thence S 26°00'15" W for a
distance of 42.68 feet to a point on the new proposed right of way; thence along
said right of way N 28°34'47" W for a distance of 50.13 feet to a point; thence N
03°26'14" E for a distance of 82.16 feet to a point; thence N 24°40'36" E for a
distance of 13.86 feet to the Point of Beginning, containing 0.09 Acres (3936.81
S.F.) more or less.
Wei
Temporary Easement
A tract of land for a Temporary Easement in the Southwest 1/4 of the Southwest
1/4 of the Section 17, Township 3 North, Range 10 West in Pulaski County
Arkansas, more particularly described as follows:
Commencing at the Northwest corner of said Southwest 1/4 of the Southwest 1/4
of Section 17, thence along the section line S 89°43'29" E for a distance of 581.70
feet to a point; thence S 00°00'00" E for a distance of 102.34 feet to a point on the
right of way of North 1 st/ Street; thence leaving said right of way S 65'19,24" E for
a distance of 20.79 feet to a point; thence S 08°07'55" E for a distance of 81.59 feet
to the Point of Beginning; thence S 65°32'11" E for a distance of 17.14 feet to a
point; thence S 24°20'33" W for a distance of 61.31 feet to a point on the right of
way of North JP Wright Loop; thence along said right of way N 28°34'47" W for a
distance of 15.68 feet to a point; thence leaving said right of way N 26'00'15 " E for
a distance of 42.68 feet to a point; thence N 08°07'55" W for a distance of 10.93
feet to the Point of Beginning, containing 0.02 Acres (697.23 S.F.) more or less.
The real property is more fully described in Parcel Number 2JO100005001 of the
Pulaski County, Arkansas Assessor's records.
Parcel Thirteen: Owner: McDonald's Corporation
An easement along the northeastern right-of-way line of North JP Wright Loop,
located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
Section 17, Township 3 North, Range 10 West, City of Jacksonville, Pulaski
County, Arkansas. The permanent easement shall have a total width of 15 feet and
be 7 — 1/2 feet on either side of the line as constructed. The real property is more
ORDINANCE NO. 1687 (#6-2022)
Page Seven
fully described in Parcel Number 12JO 100005001 of the Pulaski County, Arkansas
Assessor's records.
Parcel Fourteen: Owner: 1813 TP White -Jacksonville LLC
An easement along the southeastern right-of-way line of T P White Drive, located
in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section
17, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County,
Arkansas. The permanent easement shall have a total width of 15 feet and be 7 —1/2
feet on either side of the line as constructed. The real property is more fully
described in Parcel Number 12JO260102213 of the Pulaski County, Arkansas
Assessor's records.
Parcel Fifteen: Owner: Parks Land Company LLLP
An easement along the eastern right-of-way line of North Bailey Boulevard, located
in the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 18,
Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas.
The permanent easement shall have a total width of 15 feet and be 7 — 1/2 feet on
either side of the line as constructed. The real property is more fully described in
Parcel Number 12JO260102100 of the Pulaski County, Arkansas Assessor's
records.
Parcel Sixteen: Owner: Dixon Properties LLC
An easement along the southeastern right-of-way line of T P White Drive, located
in the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section
19, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County,
Arkansas. The permanent easement shall have a total width of 15 feet and be 7 - 1/2
feet on either side of the line as constructed. The real property is more fully
described in Parcel Number 12JO400008700 of the Pulaski County, Arkansas
Assessor's records.
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 described herein for the purposes to provide adequate
land for the improved ingress and egress of public water and waste water lines for the purpose of
construction projects of the Jacksonville Water Works and Jacksonville Waste Water.
SECTION THREE: Should any of the part(s) of this Ordinance be declared invalid for
any reason, no other part(s) of the Ordinance shall be affected thereby.
SECTION FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
ORDINANCE NO. 1687 (96-2022)
Page Eight
APPROVED AND ADOPTED THIS 17TH DAY OF FEBRUARY 2022.
CITY OF JACKSONVILLE, ARKANSAS
J.. y
AMBIJO ,'79�•,
ATTEST:
L. DNVITT, CITY CLERK
AS TO FORM:
FRIEDMAN, CITY ATTORNEY