0548 RESOLUTION NO. 548 ( #8 - 2001)
A RESOLUTION IN SUPPORT OF THE CONDEMNATION FOR A
PERMANENT EASEMENT /PUBLIC RIGHT -OF -WAY FOR CERTAIN REAL
PROPERTY REQUIRED FOR THE CONSTRUCTION, DEVELOPMENT, AND
USE OF THE PROPOSED MAIN STREET OVERPASS; AND, FOR OTHER
PURPOSES.
Whereas, the City has worked extensively to secure the construction of
the proposed Main Street Overpass together with the State Highway Department
and Federal funding sources. However, a portion of real property
easement/right -of -way has yet to be secured which is vital to the construction,
completion, and proposed use of the project; and,
Whereas, the owner of said property in question, Union Pacific Railroad,
has assessed an unusually high estimate of value to a small portion of
Easement/Right -of -way needed for the project, for which City and State
appraisers have determined there is no fair market monetary value. As the
parties cannot agree on a reasonable value for the Permanent Easement /Right-
of -way, the City must resort to condemnation under State law of the Real
property interest in order not to delay impending construction of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Under the authority provided by ACA § 18 — 15
— 201 et. Seq. , the Mayor, City Clerk, and City Attorney are hereby authorized to
prepare, file, and complete the necessary documents and actions required to
acquire and obtain a Permanent Easement /Right -of -way through condemnation
of the following described real property:
Part of the Town of Jacksonville, Pulaski County, Arkansas, more
particularly described as follows:
Commencing at the Southwest Corner of Block 23; thence
N44 °37'28 "E, 34.88 feet along the West line of Block 23; thence
N45 °22'32 "W, 49.92 feet to the Existing Eastern Right of Way of
the Union Pacific Railroad and the Point of Beginning; thence along
said Existing Right of Way 113.50' on a curve to the left having a
radius of 5679.58 feet and chord bearing and distance of
S44 °11'46 "W, 113.50 feet; thence N46 °10'38 "W, 100.00 feet to the
Existing Western Right of Way of the Union Pacific Railroad; thence
along said existing Right of Way 113.50 feet of a curve to the right
having a radius of 5779.58 feet and a chord bearing and distance
of N44 1123 E, 113.50 feet; thence S46 10 38 E, 100.01 feet to
the Existing Eastern Right of Way of the Union Pacific Railroad and
the Point of Beginning, containing 11;351 sq. ft. more or less.
000035
RESOLUTION NO. 548 ( #8 -2001)
April , 2001
Page Two
SECTION TWO: Based upon State law and the information
gathered by City and State officials, it is anticipated that such action can be filed
so as not to delay or prevent the construction of the Main Street Overpass. It is
the Council's desire and directive that all reasonable actions be taken so as to
prevent any unnecessary delay in said project.
SECTION THREE: All Resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of said conflict.
APPROVED AND ADOPTED THIS fr DAY OF APRIL, 2001.
1
lltdaL _ L - --
TOMMY SWAIM MAYOR
ATTEST:
kU) \ . • • -
� U AN , ITY - • K -'
APP• . AS TO Fo =_�
• Jfie v iatin■
Rs :E•4 E. BA NS •°