0597 000114
RESOLUTION NO. 597 ( #10 - 06)
A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON
CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION AND DEVELOPMENT
OFA NEW PUBLIC LIBRARY; AND, FOR OTHER PURPOSES.
WHEREAS, despite extensive efforts on behalf of the City of Jacksonville
to purchase certain properties owned by B & C Rental Properties, Inc. for
construction and development of a new Jacksonville Public Library, lengthy
efforts to amicably resolve the parties' differences have failed; and,
WHEREAS, the need for immediate access to said real property is needed
for the public purpose of construction and development of the new Jacksonville
Public Library facility. 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 property described below to provide adequate land required
for the construction and development of a new Jacksonville Public Library.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE Access to the real property described herein is hereby
required by the City of Jacksonville, Arkansas, for the public purpose of the
construction and development of a new Jacksonville Public Library facility. Said
real property is more particularly described below:
Part of Tract A, West Jacksonville Subdivision No. 1, Jacksonville,
Pulaski County, Arkansas, being more particularly described as
follows:
Part of Tract A, West Jacksonville Subdivision No. 1, commencing
at the NW corner of the NE 1/4; thence S 01 43' 39" W, 33.90';
thence S 88° 02' 41" E, 59.60' to the intersection of the South line
of Main Street and the East line of Dupree Drive; thence continuing
along the South line of Main Street S 88° 02' 41" E, 303.83'; thence
S 00° 26' 03" E, 150.38' to the point of beginning; thence S 88° 16'
20" E, 250.00'; thence S 00 29' 23" E, 140.10'; thence N 88° 16'
20" W, 249.98'; thence N 00 26' 03" W, 140.10' to the point of
beginning.
AND
Part of the NE 1/4 of Section 30, Township 3 North, Range 10
West, Jacksonville, Pulaski County, Arkansas; commencing at the
NE corner of said Section 30, Township 3 North, Range 10 West;
thence West 12 chains and South 12 1/2° W, 30.8' to a point 30'
South of the centerline of asphalt pavement now in place on Main
Street; thence S 89° 44' 00" W, parallel to the centerline of asphalt
pavement 1,162.5' to the point of beginning; thence S 89° 44' 00"
West, 50'; thence S 2° 15' 00" E, 140'; thence N 89° 44' 00" E,
50'; thence N 2° 15' 00" W, 140' to the point of beginning.
AND
Lot 34, Block 0, West Jacksonville Subdivision No. 1, Jacksonville,
Pulaski County, Arkansas.
RESOLUTION NO, 597 ( #10 - 06)
PAGE TWO
Property locations: 203 Dupree Drive, 617 West Main Street, and
Warren Street, Jacksonville, Arkansas. Properties also known as,
respectfully, Parcel Nos. 123- 082 -00- 001 -01, 123- 080 -00- 005 -00,
and 123- 082 -00- 027 -00.
Title owner: B & C Rental Properties, Inc.
SECTION TWO; The City Council hereby authorizes the Mayor and
tY Y Y
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 property described herein for purposes of
the construction and development of the new Jacksonville Public Library. The
City Council urges the Mayor and City Attorney to further pursue an Order of
Possession to insure quick access to said real property in the continued efforts to
begin construction of said facility, noting and satisfying the requirements of just
compensation for the owners 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.
APPROVED AND ADOPTED THIS __ DAY OF AUGUST, 2006.
CITY OF JACKSONVILLE, ARKANSAS
TOMMY SWAIM MAYOR
ATTEST:
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SUSAN ►AVITT,C ' CLERK
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APPRe •' TO Fe'1e:
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ROBER E.BAMBUReia