1723ORDINANCE NO. 1723 (#7-2023)
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 LINES FOR THE CONSTRUCTION PROJECTS ON BEHALF OF
JACKSONVILLE WATER WORKS; 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 McDonalds
Corporation for construction and improvement of public 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 lines and the
necessary ingress and egress for such construction projects on behalf of the Jacksonville Water
Works; 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
lines and the necessary ingress and egress to such for the construction projects of Jacksonville
Water Works.
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, for public purposes
of providing adequate land for the relocation of public water lines and the necessary ingress and
egress to such for the purpose of construction projects of the Jacksonville Water Works.
A tract of land for a Permanent Easement in the Southwest 1/4 of the Southwest 1/4
and in the Northwest 1/4 of the Southwest 1/4 Section 17, Township 3 North, Range
10 West, Pulaski County, Arkansas, more particularly described as follows:
ORDINANCE NO. 1723 (#7-2023)
Page Two
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 leaving said north line S 00°00'00" E for a distance of 102.33
feet to a point on the right of way of North 1 st Street; thence South 65'11'06" East
a distance of 5.91 feet to the Point of Beginning; thence North 30°52'39" East a
distance of 154.77 feet to the north line of the property; thence along said north line
South 63'45'12" East a distance of 18.23 feet; thence leaving said north line South
30°41'26" West a distance of 147.26 feet; thence North 59°18'34" West a distance
of 10.80 feet; thence South 30°41'26" West a distance of 8.04 feet; thence North
65'19'24" West a distance of 7.92 feet to the Point of Beginning; containing 0.06
Acres (2,764.41 S.F.) more or less.
EASEMENT LENGTH: 159 LINEAR FEET
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 lines for the purpose of construction projects of the Jacksonville Water Works.
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.
APPROVED AND ADOPTED THIS 2ND DAY OF MARCH, 2023.
CITY OF JACKSONVILLE, ARKANSAS
J EF ELMORE, MAYOR
ATTEST:
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SUSAN L. D VITT, CITY CLERK
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DAPPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY