1176
ORDINANCE NO. 1 176 ( # 6 - 02)
AN ORDINANCE CONDEMNING CERTAIN Rl!;4l11.00
PROPER I Y WITHIN THE CII Y LIMITS OF THE CII Y OF
JACKSONVILLE, ARKANSAS, FOR PUBLIC RIGHJ:OFWA Y
EASEMENT ACCESS; DECLARING AN EMERGENCY; AND,
FOR 0 I HER PURPOSES.
OOOO~15
2003~J24€1t0~7
83/17/2003 12:51:58 p~
Filed & Recorded in
Official Records of
C~lf(OL YN
CLERK
WHEREAS, DESPITE EXTENSIVE NOTICE AND EFFORTS ON BEHALF OF
THE CII y OF JACKSONVILLE TO OBTAIN RENEWED ACCESS TO A TURN LANE
EASEMENT LOCATED ACROSS REAL PROPERTY OWNED BY GREG H.
MATTHEWS AND SUSAN F. MAll I HEWS, LENGTHY EFFORTS TO AMICABLY
RESOLVE THE PARTIES' DIFFERENCES HAVE FAILED; AND,
WHEREAS, THE NEED FOR RENEWED ACCESS TO SAID TURN LANE,
A....IER MR. AND/OR MRS. MATTHEWS TOOK ACTION TO DELIBERATELY
BLOCK PUBLIC ACCESS TO THE AREA, IS NEEDED FOR HEALTH AND SAFETY
PURPOSES TO AVOID TRAFFIC ACCIDENTS BY PROVIDING A SAFER TURN
AREA FOR DRIVERS TRAVELING SOUTHBOUND ON ARK. HWY. 161 AND
TURNING WE~lBOUND ON SCHOOL DRIVE. UNDER THE AUTHORITY
GRANTED IN ACA S 18 - 15- 201 ET. SEQ., THE CITY COUNCIL EXERCISES
ITS RIGHTS OF EMINENT DOMAIN/CONDEMNATION AND PRESCRIPTIVE
EASEMENTS TO AGAIN OBTAIN PUBLIC ACCESS AND REQUIRE
RELINQUISHMENT OF THE REAL PROPERTY DESCRIBED BELOW TO FULLY
ADDRESS THE HEALTH AND SAFETY CONCERNS OF THE CITIZENS OF
JACKSONVILLE.
NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL
OF THE CII Y OF JACKSONVILLE, ARKANSAS, THA T:
SECTION ONE. ACCESS TO THE REAL PROPERTY DESCRIBED
HEREIN IS HEREBY REQUIRED BY THE CITY OF JACKSONVILLE, ARKANSAS.
RENEWED ACCESS IS NEEDED TO THE PRESCRIPTIVE EASEMENT AREA SO AS
TO PROVIDE A SAFE TURN LANE OVER AND THROUGH THE REAL PROPERTY
AS MORE PARTICULARLY DESCRIBED BELOW:
PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 30,
TOWNSHIP 3 NORTH, RANGE lOWEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWE~'I' CORNER OF THE NE 1/4
OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 0 WE':::>I;
THENCE N 2Q 1 l' EAST ALONG THE WE~l' LINE OF THE NE
1/4 OF SAID SECTION 30, 536.1'; THENCE N 82Q 28' E,
30.46' TO THE EAST RIGHT-OF-WAY LINE OF SOUTH JAMES
STREET; THENCE S 02Q 01' W, 149.60' TO THE
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH
JAMES STREET AND THE NORTH RIGHT-OF-WAY LINE OF
SCHOOL DRIVE; THENCE S 41 Q 13' E, 170.30'; THENCE S
44Q 51' 1 6" E, 1 34.81 '; THENCE S 51 Q 35' 1 1" E, 1 38. 1 5;
THENCE S 55Q 2 l' E, 1 67. 1 4' AND THE POINT OF
BEGINNING; THENCE S 55Q 21 ' 00" E, 75.36'; THENCE N 26Q
54' 13" W, 76.61 '; THENCE S 47Q 00' 20" W, 37.36' TO THE
POINT OF BEGINNING, CONTAINING .03 ACRES MORE OR LESS.
TITLE OWNERS: GREG H. MATTHEWS AND SUSAN F. MATTHEWS,
HIS WIFE.
SECTION 1 WO: THE CITY COUNCIL HEREBY AUT.~~i~~~:~~~.to\>~
THE MAYOR AND THE CITY ATTORNEY TO FILE THE AP.FR~P?~~~~'t;^'::"';~
DOCUMENTS AND PLEADINGS NECESSARY, TOGETHER WITH THW" ~~I\f>;~~K,: ',,/' \
VALUE OFTHE REAL PROPERTY IN QUESTION, WITH THE CIRCUlI,;;i L~~'~:~~' \ .~
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'<1:~~~ --.., ~'.:C.~<.I"li.,:;:,..~::)Ii)':f"~ 'If.""'.
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., ~; $.' tl" j; :!',. :<;' ~ J g;: I:;J; 'i~ ~ 1).', t.
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ORDINANCE No. 1 1 76
MARCH ~:~, ,2002
PAGE Two
PULASKI COUNTY, ARKANSAS, SO AS TO AGAIN OBTAIN ACCESSIBILITY AND
PRIVILEGE TO THE REAL PROPERTY DESCRIBED HEREIN FOR PURPOSES OF
PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTft THE COUNCIL URGES THE
MAYOR AND CITY ATTORNEY TO FURTHER PURSUE AN ORDER OF
POSSESSION TO INSURE QUICK ACCESS TO SAID PROPERTY IN HOPES OF
BETTER PROVIDING FOR THE SAFETY AND WELL-BEING OF THE CITIZENS OF
JACKSONVILLED
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 BY SAID DECLARATION.
SECTION FOUR: ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE
EXTENT OF SUCH CONFLICT.
SECTION FIVE- THIS ORDINANCE, NECESSARY FOR THE
PUBLIC HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF
JACKSONVILLE, SHOULD BE IMPLEMENTED IMMEDIATELY. THEREFORE, AN
EMERGENCY IS HEREBY DECLARED, AND THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT rt-<OM AND Art ER ITS DATE OF PASSAGE.
APPROVED AND ADOPTED THIS d
DAY OF MARCH, 2002_
CI I Y OF JACKSONVILLE, ARKANSAS
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ROBERT E. BA~~.~URNEY