0709RESOLUTION NO, 709 (#04 - 2014)
A RESOLUTION M SUPPORT OFAND AUTHORIZING EXECUTION OF
RESOLUTION OF THE CITYOFIACKSONVILLE`SACTION TO FINALIZE
ACQUISITION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN
(GENERAL DESCRIPTION: 220 ACRESA T WOOTEN ROAD AND 1440,
JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES,
WHEREAS, the real property described on the attached Exhibit A is part of the
acquisition of land for the development of an economic center for the City of Jacksonville;
and,
WHEREAS, because said property has been included in an eminent domain action,
resolution of the fair market value of the property is required before the City can begin full
development of the property. To effectively do so, the City has agreed to increase
compensation to the property owner, and such compensation must be accepted and
approved by the City Council. As well, certain City officials must be authorized to execute
the appropriate and required documents.
NOW, THEREFORE, BE IT RESOL VED BY THE CITYCOUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT.
SECTION ONE: The City of Jacksonville, Arkansas, should authorize
settlement of the fair market value of the real property described in Exhibit A. The City
Council recognizes and agrees that doing so is necessary for development of the Economic
Center Project proposed by Mayor Fletcher.
The Council hereby authorizes Mayor Fletcher, City Clerk Davitt, and City Attorney
Robert Bamburg to execute and complete the appropriate documents required to approve
resolution to the action known as Cityo0acksonville, Arkansas v. EntergyArkansas, et, al,,
Pulaski County Circuit No. CV2011-3342, under the terms and conditions of the attached
Consent Judgment, hereby marked as Exhibit B, for completion of the transfer of the
property described on Exhibit A.
SECTION TWO: The City Council recognizes and understands that the
funds used to complete compensation for the property involved have been or will be
budgeted funds.
RESOLUTION NO. 709 (#04-2014)
Page Two
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hereby repealed to the extent of said conflict.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 3rd DAY OF APRIL, 2014.
CITY CLERK
RESOLUTION NO, 709 (#04-2014)
Exhibit A
ARKANSAS POWER & LIGHT COMPANY/ENTERGY ARKANSAS, INC.:
PART OF THE NE 1/4 OF SECTION 11, T -2-N, R -11-W, AND PART OF THE NW 1/4 OF
SECTION 12, T -2-N, R -11-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 11, T -2-N, R -11-W, EAST OF
INTERSTATE HIGHWAY 440;
AND
THE NE 1/4 OF THE NE 1/4 OF SECTION 11, T -2-N, R -11-W, AND THE SE 1/4 OF THE NE
1/4 OF SECTION 11, T -2-N, R -11-W;
AND
THE W 1/2 OF THE NW 1/4 OF SECTION 12, T -2-N, R -11-W;
AND
THE NE 1/4 OF THE NW 1/4 OF SECTION 12, T -2-N, R -11-W.
Containing 220.00 acres, more or less.
Pulaski County Parcel Nos. 23J0110000100, 23R0110000100, and 23R0120000300.
RESOLUTION NO, 709 (#04-2014)
Exhibit B
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
13TH DIVISION
CITY OF JACKSONVILLE, ARKANSAS PLAINTIFF
V. No.: 60 -CV -2011-3342
ARKANSAS POWER & LIGHT COMPANY; and
ENTERGY ARKANSAS, INC. DEFENDANTS
CONSENT JUDGMENT
Being well and sufficiently advised and finding that the parties are in agreement with the
Judgment set forth herein, this Court hereby FINDS, ORDERS and DECREES as follows:
A. The City of Jacksonville, Arkansas, Inc. ("Jacksonville") is a City of the First
Class duly organized and existing as a municipal corporation under the laws of
the State of Arkansas.
B. Jacksonville is authorized to condemn real property for the accomplishing of
public purposes. See, ARK. CODE ANN. §§ 18-15-201 and 18-15-301, et seq.
C. Entergy Arkansas, Inc. ("Entergy"), is a public utility in the State of Arkansas and
the owner of the following real property located in in Pulaski County, Arkansas:
Part of the NE 1/4 of Section 11, Township 2 North, Range 11 West,
and Part of the NW 1/4 of Section 12, Township 2 North, Range 11
West, Pulaski County, Arkansas, more particularly described as
follows:
All that Part of the NW 1/4 of the NE 1/4 of Section 11, Township 2
North, Range 11 West, East of Interstate Highway 440; and
The NE 1/4 of the NE 1/4 of Section 11, Township 2 North, Range 11
West, and the SE 1/4 of the NE 1/4 of Section 11, Township 2 North,
Range 11 West; and
Resolution No, 709 (#04-2014)
Exhibit B
The West 1/z of the NW 1/4 of Section 12, Township 2 North, Range 11
West; and
The NE '/4 of the NW 1/4 of Section 12, Township 2 North, Range 11
West.
Containing 220.00 acres, more or less.
(hereinafter referred to as the "Property").
D. As the real property at issue in this case is located in Pulaski County, jurisdiction
and venue are proper in this Court.
E. Jacksonville has determined that the Property is necessary for use in a project
designed to benefit the public and the citizens of Jacksonville and authorized the
use of its eminent domain power to acquire the Property in Resolution No. 655
(#01-2011) of the Jacksonville City Council.
F. In order to use the Property for its proposed project, Jacksonville needs to acquire
fee simple title to the Property, subject to the reservation of two (2) distribution
easements as described in Paragraph G and Exhibit "A" to this Consent
Judgment.
G. As a part of Jacksonville's acquisition of the Property, it agrees that Entergy shall
be allowed to retain two (2) permanent distribution easements (the "Easements")
over and across the Property for its electrical lines, facilities and equipment. The
Easements to be reserved are specifically depicted and described on Exhibit "A"
to this Consent Judgment (containing a total of three (3) pages), which is attached
hereto and incorporated herein by reference.
Resolution No. 709 (#04-2014)
Exhibit B
H. As full and complete compensation for the taking of its Property as described
herein, Entergy shall be paid a total of eight hundred twenty-five thousand and
no/100 dollars ($825,000.00) via the following three (3) installments:
(i) The amount previously deposited into the registry of this Court by
Jacksonville — five hundred thirty-two thousand and no/100 dollars
($532,000.00) -- shall be paid from the registry of the Court to Entergy, by
the Pulaski County Circuit Clerk upon the filing of this Consent Judgment.
(ii) Within thirty (30) days of the filing of this Consent Judgment,
Jacksonville shall pay two hundred eighteen thousand and no/100 dollars
($218,000.00) to Entergy.
(iii) On or before January 30, 2015, Jacksonville shall make a final payment of
seventy-five thousand and no/100 dollars ($75,000.00) to Entergy.
All payments shall be made to "Entergy Arkansas, Inc." and shall be tendered to
counsel for Entergy -- Bruce B. Tidwell with FRIDAY, ELDREDGE & CLARK, LLP.
I. Jacksonville warrants and represents that its acquisition of the Property and
payment of the price specified herein in the manner set forth in Paragraph H is
authorized and in compliance with ARK. CODE ANN. § 14-78-103, which allows
cities to incur short term debt obligations.
J. The Jacksonville City Council approved the form of this Consent Judgment in
Resolution No. 709 (# 04-2014) approved on the 3rd day of April, 2014, which shall
be considered incorporated herein by reference.
Resolution No, 709 (#04-2014)
Exhibit B
K. Until such time as payment in full of the amount specified in Paragraph H of this
Consent Judgment is received by Entergy, title to the Property shall remain with
Entergy, subject to Jacksonville's right of possession of the Property pursuant to
the Order of Immediate Possession entered in the above -styled case.
L. Upon receipt of payment in full of the amount specified in Paragraph H of this
Consent Judgment by Entergy, Jacksonville shall be the owner of the Property in
fee simple absolute, subject to the reservation of the specified Easements.
M. Also, following receipt by Entergy of all the payments specified in Paragraph H
of this Consent Judgment, Entergy Arkansas, Inc.:
(i) Take all actions necessary to remove any mortgage lien or encumbrance
on the Property; and
(ii) File a Satisfaction of this Consent Judgment with the Pulaski County
Circuit Clerk.
N. Further, following the filing of the Satisfaction by Entergy, Jacksonville may
cause a copy of this Consent Judgment to be filed in the Real Property records of
Pulaski County to confirm its title to the Property.
IT IS SO ORDERED.
Hon. Collins Kilgore
Date
[Approvals of Counsel on the Following Page ]
Consent Judgment Prepared and Approved By:
FRIDAY, ELDREDGE & CLARK, LLP
400 West Capitol Ave., Suite 2000
Little Rock, AR 72201-3493
Phone - (501) 376-2011
Fax - (501) 376-2147
Attorneys for Entergy Arkansas, Inc.
Bruce B. Tidwell, AR Bar No. 96115
E -Mail — btidwellgfridayfirm.com
Direct Phone — (501) 370-1496
STM
Robert E. Bamburg
City Attorney — City of Jacksonville
#1 Municipal Drive
Jacksonville, AR 72078
Phone — (501) 982-6303
Fax — (501) 982-2280
Attorney for the City of Jacksonville
IRA
Robert E. Bamburg, AR Bar No. 85005
E -Mail — rbambur r eityof acksonville.net
j"",00 01..11