0655 000038
RESOLUTION NO, 655 (#01 - 2011)
I A RESOLUTION DECLARING THE INTENT TO EXERCISE EMINENT
DOMAIN ON CERTAIN REAL PROPERTY WITHIN OR ADJACENT TO THE
CITY OF JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION AND
DEVELOPMENT OF ECONOMIC IMPROVEMENTS AND CREATION OF
ADDITIONAL PUBLIC FACILITIES TO STIMULATE AND ENCOURAGE
THE ECONOMIC GROWTH OF THE CITY OF JACKSONVILLE; AND, FOR
OTHER PURPOSES.
WHEREAS, despite efforts on behalf of the City of Jacksonville,
Arkansas, to acquire certain real properties owned by various property owners in
the Southeastern boundary of the City for construction and development of
economic improvements and creation of additional public facilities to stimulate
and encourage the economic growth of the City of Jacksonville, efforts to
amicably resolve the matter and secure the various real properties without
litigation have failed; and,
WHEREAS, access, control, and development of said real properties is
i vitally required for the public purposes of construction and development of
economic improvements and creation of additional public facilities. Under
authorities granted in ACA §§ 18 -15 -201, et. seq., and 14- 269 -103, et. seq., the
City Council of the City of Jacksonville hereby exercises its rights of eminent
domain to obtain and condemn the real properties described below to provide
adequate land for construction and development of certain economic
improvements and creation of additional public facilities to stimulate and
encourage the economic growth of the City of Jacksonville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT.
SECTION ONE: Access and control to and of the real properties
described herein is hereby required by the City of Jacksonville, Arkansas, for the
public purpose of construction and development of certain economic
improvements and creation of additional public facilities to stimulate and
encourage the economic growth of the City of Jacksonville.
Said real property as more particularly described below:
PART OF THE NORTHEAST QUARTER OF SECTION 11 AND THE NORTH HALF OF
I SECTION 12, ALL IN T -2 -N, R -11 -W, PULASKI COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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RESOLUTION NO. 655 ( #01 — 2011)
Page Two
BEGINNING AT THE NORTHWEST CORNER OF SECTION 12, T -2 -N, R -11 -W;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 12 A DISTANCE OF
5280.0 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SECTION 12;
THENCE SOUTH ALONG THE EAST LINE OF SECTION 12 A DISTANCE OF 2640.0
FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THE NORTHEAST
CORNER OF SAID SECTION 12; THENCE WEST A DISTANCE OF 5280.0 FEET
MORE OR LESS TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF SAID SECTION 11; THENCE CONTINUING WEST ALONG THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 11 A DISTANCE OF 2600
FEET MORE OR LESS TO THE EAST RIGHT -OF -WAY LINE OF U.S. HIGHWAY
440; THENCE NORTHEASTERLY ALONG THE EAST RIGHT -OF -WAY LINE OF
SAID HIGHWAY 440 A DISTANCE OF 1470.0 FEET MORE OR LESS; THENCE
CONTINUING NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE A DISTANCE
OF 1450.0 FEET MORE OR LESS TO THE NORTH LINE OF SECTION 11; THENCE
EAST ALONG THE NORTH LINE OF SAID SECTION 11 A DISTANCE OF 1500.0
FEET MORE OR LESS TO THE POINT OF BEGINNING.
(General location: Real Property North of I -440 and East of South
Highway 161, Jacksonville, Arkansas)
Title Owners: Bennie Freeman
Great Plains Investment Corporation
Peacock Limited Partnership
AP &L /Entergy Corporation
Lewis Boyd
Evelyn W. Fairfax
Joe Watkins
Danco
Eloise S. Wilson
Charles H. Wilson
SECTION TWO: The City Council hereby authorizes the Mayor,
City Clerk, and the City Attorney to file the appropriate documents and pleadings
necessary, together with the eventual posting of the appraised value of the real
properties in question, with the Circuit Court of Pulaski County, Arkansas, so as
to obtain accessibility and privilege to the real properties described herein for the
public purposes of construction and development of certain economic
improvements and creation of additional public facilities to stimulate and
encourage the economic growth of the City of Jacksonville. The City Council
urges the Mayor and City Attorney to further pursue an Order of Possession to
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' RESOLUTION NO. 655 (#01 — 2011)
Page Three
insure access to said real properties in furtherance of continued efforts to begin
construction, noting and satisfying the requirements of just compensation for the
owners of said real properties as mandated and required by law.
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 1 iy l ` DAY OF FEBRUARY, 2011.
CITY OF JACKSONVILLE, ARKANSAS
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17-A, - i • L' C - - ,MAYOR
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1 USAN D' , CITY 'LERK
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ROBE • T E. e 1 BURG, CITYA OR