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RESOLUTION NO, 651 ( #13 -10)
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 extensive efforts on behalf of the City of Jacksonville
to purchase certain properties owned by various property owners for the
construction, development, expansion, and improvement of street rights of way
and utility easements and relocations, lengthy efforts to amicably resolve the
parties' differences have failed; and,
WHEREAS, the need for immediate access to said real properties is
I 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:
SECTIONONF 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:
THOMAS E. AND SOPHIE BROOKS LAND ALL OTHER HEIRS AND
INTERESTED PARTIES):
Part of Lot 3 of White's Subdivision to the City of Jacksonville,
Township 3 North, Range 10 West, Pulaski County, Arkansas, more
particularly described as follows:
II RESOLUTION NO. 651 (#13-10)
Page Two
Commencing at the Southwest corner of Lot 28 of Evergreen
Subdivision, a Replat of Lots 3 and 4 of White's Subdivision; thence
North O1 °55'41" East along the West line of said Lot 28 a distance
of 76.28 feet to a point on the Southerly right of way line of
Graham Road as established by AHTD Job 061026 to the POINT OF
BEGINNING; thence North 89 °3123" West along said right of way
line a distance of 93.65 feet to a point; thence North 00 °12'38"
East a distance of 2.57 feet to a point on the Southerly right of way
line of Graham Road as established by the Plat of White's
Subdivision recorded in Plat Book 3, Page 126A; thence South
89 °3928" East along said right of way line a distance of 93.73 feet
to a point; thence South 01 °55'41" West along said right of way
line a distance of 2.79 feet to the point of beginning and containing
0.01 acres or 251 square feet more or less as shown on plans
prepared by the AHTD referenced as Job 061026.
PARCEL TWO:
I PAUL CONNER, ON BEHALF OF P & G PROPERTIES & INVESTMENTS:
Part of Lot 475 of Sunnyside Hills Addition to the City of
Jacksonville, Township 3 North, Range 10 West, Pulaski County,
Arkansas, more particularly described as follows:
Commencing at a point being used as the Southeast corner of Lot
475 of Sunnyside Hills Addition; thence North 00 °42'08" East along
the East line of said Lot 475 a distance of 89.88 feet to a point on
the Southerly right of way line of Graham Road as established by
AHTD Job 061026 to the POINT OF BEGINNING; thence North
841754" West along said right of way line a distance of 76.46 feet
to a point on the West line of Lot 475 of Sunnyside Hills Addition;
thence North 08 °46'12" West along said West line a distance of
23.26 feet to a point on the Southerly right of way line of Graham
Road as established by the Plat of Sunnyside Hills Addition to the
City of Jacksonville recorded in Plat Book 4, Page 152; thence
South 89 °40'05" East along said right of way line a distance of
80.00 feet to a point on the East line of Lot 475 of Sunnyside Hills
Addition; thence South 00 °42'08" West along said East line a
distance of 30.12 feet to the point of beginning and containing
2,066 square feet more or less as shown on plans prepared by the
I AHTD referenced as Job 061026.
' RESOLUTION NO. 651 ( #13 -1O)
Page Three
PARCEL THREE:
LLOYD FRIEDMAN, ON BEHALF OF G.G.F., INC.:
Part of Lot 4 of White's Subdivision to the City of Jacksonville,
Township 3 North, Range 10 West, Pulaski County, Arkansas, more
particularly described as follows:
Commencing at the Southeast corner of Lot 1 of Evergreen
Subdivision, a Replat of Lots 3 and 4 of White's Subdivision; thence
North 01 °55'53" East along the East line of said Lot 1 a distance of
72.15 feet to a point on the Southerly right of way line of Graham
Road as established by the Plat of White's Subdivision recorded in
the Plat Book 3, Page 126A; thence continuing North 01 °55'53"
East along said right of way line a distance of 10.00 feet to a point;
thence South 89 °3928" East along said right of way line a distance
of 70.15 feet to the POINT OF BEGINNING; thence continuing
South 89 °3928" East along said right of way line a distance of
64.50 feet to a point; thence South 01 °55'53" West a distance of
13.16 feet to a point on the Southerly right of way line of Graham
Road as established by AHTD Job 061026; thence North 88 °18'56"
II West along said right of way line a distance of 64.48 feet to a
point; thence North O1 °55'53" East a distance of 11.65 feet to the
point of beginning and containing 0.02 acres or 800 square feet
more or less as shown on plans prepared by the AHTD referenced
as Job 061026.
PARCEL FOUR:
GREGORY A. AND CYNTHIA HILL:
Part of Lots 48 and 53 of Heritage Park Subdivision of the City of
Jacksonville, Township 3 North, Range 10 West, Pulaski County,
Arkansas, more particularly described as follows:
Commencing at the Northwest corner of Lot 53 of Heritage Park
Subdivision said point being on the Easterly right of way line of
Northeastern Avenue as established by the Plat of Heritage Park
Subdivision recorded in Plat Book 38, Page 58; thence South
01 °44'39" West along said right of way line a distance of 88.84 feet
to a point on the Northerly right of way line of Graham Road as
established by AHTD Job 061026 to the POINT OF BEGINNING;
thence South 89 0 09'59" East along said right of way line a distance
I of 239.80 feet to a point on the Westerly right of way line of
Heritage Street as established by the Plat of Heritage Park
Subdivision recorded in Plat Book 38, Page 58; thence South
RESOLUTION NO. 651 ( #13 -10)
I Page Four
01 °24'54" West along said right of way line a distance of 12.45 feet
to a point on the Northerly right of way line of Graham Road as
established by the Plat of Heritage Park Subdivision recorded in Plat
Book 38, Page 58; thence North 88 °4224" West along said right of
way line a distance of 239.85 feet to a point on the Easterly right of
way line of Northeastern Avenue as established by the Plat of
Heritage Park Subdivision recorded in Plat Book 38, Page 58;
thence North 01 °44'39" East along said right of way line a distance
of 10.53 feet to the point of beginning and containing 2,755 square
feet more or less as shown on plans prepared by the AHTD
referenced as Job 061026.
PARCEL FIVE:
VIMOLSRI HOWLEY:
Part of Lot 473 of Sunnyside Hills Addition to the City of
Jacksonville, Township 3 North, Range 10 West, Pulaski County,
Arkansas, more particularly described as follows:
I Commencing at a point being used as the Southeast corner of Lot
475 of Sunnyside Hills Addition; thence North 00 0 42'08" East along
the East line of said Lot 475 a distance of 120.00 feet to a point on
the Southerly right of way line of Graham Road as established by
the Plat of Sunnyside Hills Addition to the City of Jacksonville
recorded in Plat Book 4, Page 152; thence North 89 0 40'05" West
along said right of way line a distance of 110.26 feet to a point on
the Southeasterly right of way line of Elm Street as established by
the Plat of Sunnyside Hills Addition to the City of Jacksonville
recorded in Plat Book 4, Page 152; thence South 43 °15'46" West
along said right of way line a distance of 66.71 feet to a point on
the East line of Lot 473 of Sunnyside Hills Addition to the POINT OF
BEGINNING; thence South 28 °43'38" East along said East line a
distance of 4.27 feet to a point on the Easterly right of way line of
Elm Street as established by AHTD Job 061026; thence South
45 °10'48" West along said right of way line a distance of 37.99 feet
to a point; thence South 47 °35'18" West along said right of way
line a distance of 37.01 feet to a point on the Southeasterly right of
way line of Elm Street as established by the Plat of Sunnyside Hills
Addition to the City of Jacksonville recorded in Plat Book 4, Page
I 152; thence North 43 °15'46" East along said right of way line a
distance of 76.19 feet to the point of beginning and containing 184
RESOLUTION NO. 651 ( #13 -10)
Page Five
square feet more or less as shown on plans prepared by the AHTD
referenced as Job 061026.
PARCEL SIX:
GEORGE AND SUSIE LACKIE (AND ALL OTHER HEIRS AND INTERESTED
PARTIES):
Part of the Northwest Quarter of the Northwest Quarter of Section
28, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a Cotton Picker Spindle in asphalt being used as
the West Sixteenth corner of Sections 21 and 28; thence South
01 °56'49" West along the East line of the Northwest Quarter of the
Northwest Quarter of Section 28 a distance of 12.00 feet to a point
on the Southerly Prescriptive right of way line of Graham Road as
established by Affidavit to the City of Jacksonville dated March 12,
2009; thence North 88 °42'25" West along said right of way line a
distance of 70.86 feet to the POINT OF BEGINNING; thence South
01 °37'57" West a distance of 18.00 feet to a point; thence North
88 °4224" West a distance of 101.00 feet to a point on the Easterly
Prescriptive right of way line of J. P. Wright Loop Road as
established by Affidavit to the City of Jacksonville dated March 12,
2009; thence North 01 °51'02" East along said right of way line a
distance of 18.00 feet to a point Southerly Prescriptive right of way
line of Graham Road as established by Affidavit to the City of
Jacksonville dated March 12, 2009; thence South 88 °4225" East
along said right of way line a distance of 100.93 feet to the point of
beginning and containing 0.04 acres or 1,817 square feet more or
less as shown on plans prepared by the AHTD referenced as Job
061026.
PARCEL SEVEN:
CLYDE AND PEARL McCONNELL (AND/OR ALL OTHER HEIRS AND
INTERESTED PARTIES):
Part of the Northwest Quarter of the Northeast Quarter of Section
29, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter corner of
Sections 20 and 29; thence South 02 °15'25" West along the West
line of the Northwest Quarter of the Northeast Quarter of Section
29 a distance of 12.00 feet to a point on the Southerly Prescriptive
RESOLUTION NO. 651 (#13-10)
Page Six
right of way line of Graham Road as established by Affidavit from
the City of Jacksonville dated March 12, 2009; thence South
89 °3527" East along said right of way line a distance of 400.00
feet to the POINT OF BEGINNING; thence continuing South
89 °35'10" East along said right of way line a distance of 74.38 feet
to a point; thence South 00 °17'14" West along said right of way
line a distance of 18.07 feet to a point; thence North 89 °34'53"
West a distance of 75.00 feet to a point; thence North 02 °15'25"
East a distance of 18.07 feet to the point of beginning and
containing 0.03 acres or 1,349 square feet more or less as shown
on plans prepared by the AHTD referenced as Job 061026.
PARCEL EIGHT:
CLYDE AND PEARL McCONNELL (AND ALL OTHER HEIRS AND
INTERESTED PARTIES):
Part of the Northwest Quarter of the Northeast Quarter of Section
29, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter corner of
Sections 20 and 29; thence South 02 °15'25" West along the West
line of the Northwest Quarter of the Northeast Quarter of Section
29 a distance of 12.00 feet to a point on the Southerly Prescriptive
right of way line of Graham Road as established by Affidavit from
the City of Jacksonville dated March 12, 2009; thence South
89 °3527" East along said right of way line a distance of 55.66 feet
to the POINT OF BEGINNING; thence continuing South 89 °35'27"
East along said right of way line a distance of 144.32 feet to a point
on the Westerly Prescriptive right of way line of Pearl Street as
established by Affidavit from the City of Jacksonville dated March
12, 2009; thence South 02 °1527" West along said right of way line
a distance of 24.53 feet to a point on the Southerly right of way
line of Graham Road as established by AHTD Job 061026; thence
North 89 °38' 58" West along said right of way line a distance of
144.33 feet to a point; thence North 02 °1525" East a distance of
24.68 feet to the point of beginning and containing 0.08 acres
more or less as shown on plans prepared by the AHTD referenced
as Job 061026.
RESOLUTION NO. 651 ( #13 -1O)
Page Seven
PARCEL NINE:
JESSIE VIRGINIA LORAINE McELROY REVOCABLE TRUST:
Part of the Northwest Quarter of the Northwest Quarter of Section
28, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a Cotton Picker Spindle in asphalt being used as
the West Sixteenth corner of Sections 21 and 28; thence South
01 °56'49" West along the East line of the Northwest Quarter of the
Northwest Quarter of Section 28 a distance of 12.00 feet to a point
on the Southerly Prescriptive right of way line of Graham Road as
established by Affidavit to the City of Jacksonville dated March 12,
2009; thence North 88 °4225" West along said right of way line a
distance of 171.79 feet to a point; thence North 88 °4222" West a
distance of 100 feet to a point on the Southerly Prescriptive right of
way line of Graham Road as established by Affidavit to the City of
Jacksonville dated March 12, 2009; thence North 88 °4224" West
along said right of way line a distance of 311.14 feet to the POINT
I OF BEGINNING; thence South 01 °51'02" West a distance of 18.28
feet to a point on the Southerly right of way line of Graham Avenue
as right of way line a distance of 99.33 feet to a point; thence
North 01 °51'02" East a distance of 17.93 feet to a point on the
Southerly Prescriptive right of way line of Graham Road as
established by Affidavit to the City of Jacksonville dated March 12,
2009; thence South 88 °4224" East along said right of way line a
distance of 99.33 feet to the point of beginning and containing 0.04
acres or 1,798 square feet more or less as shown on plans
prepared by the AHTD referenced as Job 061026.
PARCEL TEN:
FRED THOMPSON (A/K/A B. F. THOMPSON) OR HEIRS OF FRED (B.F.)
THOMPSON:
Part of the South Half of the Southwest Quarter of Section 20,
Township 3 North, Range 10 West, Pulaski County, Arkansas, more
particularly described as follows:
Commencing at a point being used as the Quarter corner of
Sections 20 and 29; thence North 01 °45'10" East along the East
line of the Southeast Quarter of the Southwest Quarter of Section
20 a distance of 12.00 feet to a point on the Northerly Prescriptive
right of way line of Graham Road as established by Affidavit from
the City of Jacksonville dated March 12, 2009; thence North
RESOLUTION NO, 651 ( #13 -10)
Page Eight
89 °38'45" West along said right of way line a distance of 337.07
feet to the POINT OF BEGINNING; thence continuing North
89 °38'45" West along said right of way line a distance of 1245.32
feet to a point; thence North 01 °17'12" East a distance of 18.00
feet to a point; thence South 89 °35'59" East a distance of 406.52
feet to a point; thence South 89 °34'45" East a distance of 74.00
feet to a point; thence South 89 0 40'05" East a distance of 763.62
feet to a point; thence South 01 °53'58" West a distance of 17.89
feet to the point of beginning and containing 0.51 acres or 22,125
square feet more or less as shown on plans prepared by the AHTD
referenced as Job 061026.
PARCEL ELEVEN:
GRAHAM DEWITT NIXON AND WALTER W. NIXON III:
Part of the Southeast Quarter of the Southwest Quarter of Section
20, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter corner of
Sections 20 and 29; thence North 01 °45'10" East along the East
line of the Southeast Quarter of the Southwest Quarter of Section
20 a distance of 12.00 feet to a point on the Northerly Prescriptive
right of way line of Graham Road as established by Affidavit from
the City of Jacksonville dated March 12, 2009; thence North
89 °38'45" West along said right of way line a distance of 18.96 feet
to the POINT OF BEGINNING; thence continue North 89 °38'45"
West along said right of way line a distance of 318.11 feet to a
point; thence North 01 °53'58" East a distance of 31.78 feet to a
point on the Northerly right of way line of Graham Road as
established by AHTD Job 061026; thence North 87 °54'32" East
along said right of way line a distance of 31.94 feet to a point;
thence South 88 °31'07" East along said right of way line a distance
of 250.05 feet to a point; thence North 63 °46'14" East along said
right of way line a distance of 42.51 feet to a point; thence South
03 °35'11" West a distance of 47.32 feet to the point of beginning
and containing 0.23 acres or more or less as shown on plans
prepared by the AHTD referenced as Job 061026.
AND
1
RESOLUTION NO. 651 (#13-10)
Page Nine
Part of the South Half of the Southeast Quarter of Section 20,
Township 3 North, Range 10 West, Pulaski County, Arkansas, more
particularly described as follows:
Commencing at a point being used as the Quarter corner of
Sections 20 and 29; thence North 01 °45'10" East along the West
line of the Southwest Quarter of the Southeast Quarter of Section
20 a distance of 12.00 feet to a point on the Northerly Prescriptive
right of way line of Graham Road as established by Affidavit from
the City of Jacksonville dated March 12, 2009; thence South
89 °35'26" East along said right of way line a distance of 580.99
feet to the POINT OF BEGINNING; thence North 02 °40'11" East a
distance of 29.01 feet to a point on the Northerly right of way line
of Graham Road as established by AHTD Job 061026; thence South
89 °39'52" East along said right of way line a distance of 488.53
feet to a point; thence North 84 °37'30" East along said right of way
line a distance of 50.25 feet to a point; thence North 62 °15'47"
East along said right of way line a distance of 85.00 feet to a point;
thence South 66 °27'57" East along said right of way line a distance
of 114.24 feet to a point; thence South 89 °39'52" East along said
right of way line a distance of 224.51 feet to a point; thence South
01 °49'24" West a distance of 30.21 feet to a point on the Northerly
Prescriptive right of way line of Graham Road as established by
Affidavit from the City of Jacksonville dated March 12, 2009; thence
North 89 °35'26" West along said right of way line a distance of
943.44 feet to the point of beginning and containing 0.74 acres
more or less as shown on plans prepared by the AHTD referenced
as Job 061026.
PARCEL TWELVE:
ROBERT S. AND BRIDGETTE A. VAN NOSTRAND:
Part of the Northwest Quarter of the Northwest Quarter of Section
28, Township 3 North, Range 10 West, Pulaski County, Arkansas,
more particularly described as follows:
Commencing at a found Cotton Picker Spindle being used as the
Common Corner of Sections 20, 21, 28 and 29; thence South
01 °56'30" West along the West line of the Northwest Quarter of
the Northwest Quarter of Section 28 a distance of 12.00 feet to a
point; thence North 89 °23'44" East a distance of 11.01 feet to a
point on the Southerly Prescriptive right of way line of Graham
Road as established by Affidavit to the City of Jacksonville dated
RESOLUTION NO. 651 ( #13 -10)
Page Ten
March 12, 2009; thence South 88 °33'33" East along said right of
way line a distance of 139.52 feet to a point; thence South
88 °23'00" East along said right of way line a distance of 113.19
feet to a point; thence South 88 °15'01" East along said right of
way line a distance of 66.81 feet to the POINT OF BEGINNING;
thence South 88 °4224" East along said right of way line a distance
of 65.00 feet to a point; thence South 01 °51'02" West a distance of
19.51 feet to a point on the Southerly right of way line of Graham
Road as established by AHTD Job 061026; thence North 89 °09'59"
West along said right of way line a distance of 65.01 feet to a
point; thence North 01 °51'02" East a distance of 20.03 feet to the
point of beginning and containing 0.03 acres or 1,285 square feet
more or less as shown on plans prepared by the AHTD referenced
as 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
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 16th DAY OF SEPTEMBER, 2010.
CITL-OF-0346KSONVILLE, ARKANSAS
(CH GARY . % CHER, v • 0' 4-7//4:
RESOLUTION NO. 651 ( #13 -10)
' Page Eleven
ATTEST:
SUSAN DA ∎ , C CLERK
A.r ED TOFt''
ROBE°TE. BA BURG, CI7YATTORN