0713RESOLUTION NO, 713 (#08 -- 2014)
A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON
CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS, TO OBTAIN PERMANENT AND TEMPORARY
EASEMENTS FOR THE CONSTRUCTION, DEVELOPMENT, EXPANSION,
AND INSTALLATION OF JACKSONVILLE WASTEWATER UTILITY FORCE
MAIN LINES ALONG MCCAIN ROAD; AND, FOR OTHER PURPOSES.
WHEREAS, despite efforts on behalf of the City of Jacksonville to purchase
certain Permanent and Temporary Easements from all property owners along
McCain Road for construction, development, expansion, and improvement of
Jacksonville Wastewater Utility Force Main lines, efforts to amicably resolve one
remaining party's differences has failed; and,
WHEREAS, the need for immediate access to said real property is required
for the public purpose of construction and development of said Utility Force Main
lines. Under the authority granted in ACA § 18 - 15 - 201 et. seq., and after
hosting a Public Hearing on the matter, the City Council exercises its rights of
Eminent Domain to obtain and condemn the real property described herein to
provide adequate Permanent and Temporary Easements required for the
construction, development, expansion, and installation of Jacksonville
Wastewater Utility Force Main lines along McCain Road.
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF
THE CITY OFJACKSONVILLE, ARKANSAS, THA T.-
SECTION ONE; Access to the real property described herein is hereby
required by the City of Jacksonville, Arkansas, for the public purposes of
obtaining Permanent and Temporary Easements for the construction,
development, expansion, and installation of Jacksonville Wastewater Utility Force
Main lines along McCain Road. Said real property, address, parcel number, and
the title owner is as more particularly described below:
PARCEL ONE,- Pulaski County Parcel No.: 13J-001-00-001-03
Property Address., McCain Road, Jacksonville, Arkansas 72076
CAMMIE PRICE:
An Easement along the East Right -of -Way line of McCain Road
located in the Northwest Quarter (NW 1/4) of Section 6, Township 2
North, Range 10 West, Pulaski County, Arkansas. The Permanent
Easement shall have a total width of Fifteen Feet (15� with
boundaries being located parallel with and adjacent to the East line
of said Right -of -Way. The route of the Sewer line is shown on the
RESOLUTION NO, 713 (#08 - 2014)
Page Two
attached Exhibit A subject to any difference between Exhibit A and
the as -built Sewer line.
The Temporary Construction Easement shall be parallel with and
adjacent to the Easterly boundary of the Permanent Easement in
that the total additional width shall be Ten Feet (10�. The real
property is more fully described in Instrument No. 2005-076056 of
the Pulaski County, Arkansas Circuit Clerk's Records.
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 through a Permanent and Temporary Easements to the
real property described herein for purposes of the construction, development,
expansion, and installation of Jacksonville Wastewater Utility Force Main lines
along McCain Road. The City Council urges the Mayor and City Attorney to
further pursue an Order of Immediate Possession to insure quick access to said
real property for the timely construction, noting and satisfying the legal
requirements of just compensation for the owner of said real property.
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.
AND ADOPTED THIS NRk DA Y OF JUNE, 2014.
CITY OFJACC'KSONVILLE, ARKANSAS
SUSAN DA W,, CITY CLERK
Y FLETCHER. MA YOR