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1432 000148 ORDINANCE NO, 1432 ( #20 - 1 1) AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS FOR ACQUISITION OF PUBLIC EASEMENTS AND RIGHTS OF WAY FOR ME CONSTRUCTION AND DEVELOPMENT OF IMPROVED PUBLIC WATER LINES FOR THE CONSTRUCTION PROJECTS ON BEHALF OF JACKSONVILLE WATER WORKS (SOLELY AND ALSO ON BEHALF OF CENTRAL ARKANSAS WATER); AND, FOR OTHER PURPOSES. WHEREAS, despite extensive efforts on behalf of Jacksonville Water Works to acquire certain utility easements and rights of way across and through real properties owned by Martino & Carrasquillo Investments, L.L.C., Lilac, L.L.C. Jackie R. and Alma J. Calhoun, Leroy Duckett, Rex Johnson, Bobbie Meadough and Patricia Griffin, W.S. Cummins and Patricia Prelow, for construction and improvement of public water lines and the necessary ingress and egress for Jacksonville Water Works and its associated entity, Central Arkansas Water, efforts to amicably resolve the parties' differences and secure the required property easements and rights of way have failed. Immediate access to said real properties as described below is required for construction and development of improved public water lines and the necessary ingress and egress to such for construction projects on behalf of the Jacksonville Water Works and Central Arkansas Water; and, WHEREAS the need for immediate access to said easements and rights of way across and through the real roperties described below is required for the public purpose of construction and development of said water line improvements and utility locations. Under authority granted in ACA § 18 -15 -201 et. seq., the City Council exercises its rights of eminent domain to obtain and condemn utility easements and rights of way across and through the real properties described herein to provide adequate land required for the improved public water lines and the necessary ingress and egress to such for the construction projects of Jacksonville Water Works and Central Arkansas Water. NOW THEREFORE BEITORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS : SECTION ONE; Access to the real properties described herein is hereby required by the City of Jacksonville, Arkansas, by and through the Jacksonville Water Works, for public purposes of providing adequate land for improved public water lines and the necessary ingress and egress to such for the purpose of construction projects of the Jacksonville Water Works and Central Arkansas Water. Parcel One: Owner: MARTINO & CARRASQUILLO INVESTMENTS, L.L.C. Pulaski County Parcel No. 1230800100900 A STRIP OF LAND 20' WIDE AND 169' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE EAST 20' OF PARCEL NUMBER 1230800100900, ACCORDING TO THE TAX RECORDS OF PULASKI COUNTY, ARKANSAS, SAID TRACT BEING FURTHER DESCRIBED IN A TRUSTEE'S DEED FILED AS INSTRUMENT NUMBER 000149 Ordinance No. 1432 ( #20 -11) Page Two 2005084718 IN THE RECORDS OF PULASKI COUNTY, ARKANSAS, SAID PERMANENT EASEMENT CONTAINING 0.078 ACRES MORE OR LESS. AND A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING WEST OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT, LESS AND EXCEPT THE FOOTPRINT OF ANY EXISTING PERMANENT STRUCTURE ON THE ABOVE SAID TRACT. Parcel Two: Owner: MARTINO & CARRASQUILLO INVESTMENTS, L.L.C. Pulaski County Parcel No. 12J0800101100 A STRIP OF LAND 20' WIDE AND 159' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE EAST 20' OF PARCEL NUMBER 1230800101100, ACCORDING TO THE TAX RECORDS OF PULASKI COUNTY, ARKANSAS, SAID TRACT BEING FURTHER DESCRIBED IN A TRUSTEE'S DEED FILED AS INSTRUMENT NUMBER 2005084722 IN THE RECORDS OF PULASKI COUNTY, ARKANSAS, SAID PERMANENT EASEMENT CONTAINING 0.073 ACRES MORE OR LESS. AND A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING WEST OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT, LESS AND EXCEPT THE FOOTPRINT OF ANY EXISTING PERMANENT STRUCTURE ON THE ABOVE SAID TRACT. Parcel Three: Owner: LILAC, L. L.C. Pulaski County Parcel No. 2250220003400 A STRIP OF LAND 5' WIDE AND 2272' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, BEING A PART OF THE SE 1 /4, NW 1 /4, SECTION 22, TOWNSHIP 3 NORTH, RANGE 11 WEST, AND LYING UPON AND ACROSS PARCEL NUMBER 2250220003400 AS LISTED IN THE TAX RECORDS OF PULASKI COUNTY, ARKANSAS, SAID STRIP OF LAND BEING 5' WIDE AND LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE SOUTH LINE OF AN EXISTING 10' WIDE EASEMENT, WHICH IS RECORDED AS INSTRUMENT NUMBER 2002165948 IN THE RECORS OF PULASKI COUNTY, ARKANSAS, AND LYING 5' SOUTH OF A LINE WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF 211 FEET WEST OF GENERAL SAMUELS ROAD, AND THENCE EASTERLY AND PARALLEL TO THE ABOVE SAID EXISTING 10' WIDE EASEMENT, 2272 FEET, SAID PERMANENT EASEMENT CONTAINING 0.261 ACRES MORE OR LESS. 000150 Ordinance No. 1432 ( #20 -11) Page Three AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID EASEMENT. Parcel Four: Owner: LILAC, L.L.C. Pulaski County Parcel No. 2250220003400 A STRIP OF LAND 15' WIDE AND 846' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, BEING A PART OF THE SE 1 /4, NW 1/4, SECTION 22, TOWNSHIP 3 NORTH, RANGE 11 WEST, AND LYING UPON AND ACROSS PARCEL NUMBER 2250220003400 AS LISTED IN THE TAX RECORDS OF PULASKI COUNTY, ARKANSAS, SAID STRIP OF LAND BEING 15; WIDE AND LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE SOUTH RIGHT -OF -WAY LINE OF GENERAL SAMUELS ROAD, IN JACKSONVILLE, PULASKI COUNTY, ARKANSAS, AND LYING 7.5' ON EACH SIDE OF AN EASEMENT CENTERLINE, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT 211 FEET WESTOFTHE CENTERLINE OF JEFFERSON DRIVE AND 47.5 FEET SOUTH OF THE CENTERLINE OF GENERAL SAMUELS ROAD, AND THENCE WESTERLY AND PARALLEL TO THE RIGHT -OF -WAY OF GENERAL SAMUELS ROAD 846 FEET MORE OR LESS TO THE NORTHWESTERN MOST BOUNDARY OF THE AFORESAID PARCEL, SAID PERMANENT EASEMENT CONTAINING 0.291 ACRES MORE OR LESS. AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING SOUTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. Parcel Five: Owner: JACKIE R. AND ALMA J. CALHOUN Pulaski County Parcel No. 12R0030016902 A STRIP OF LAND 20' WIDE AND 80' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING THE SOUTH 20' OF THE LANDS LYING NORTH OF THE NORTH RIGHT -OF -WAY OF RIXIE ROAD AS DESCRIBED IN A RIGHT -OF -WAY EASEMENT FILED UNDER INSTRUMENT NO. 98- 062119, OF THE RECORDS OF PULASKI COUNTY, ARKANSAS, CONTAINING 0.037 ACRES MORE OR LESS. AND A STRIP OF LAND 20' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. 000151 Ordinance No. 1432 ( #20 —11) Page Four Parcel Six.: Owner: LEROY DUCKETT Pulaski County Parcel No. 23R0030017000 A STRIP OF LAND 20' WIDE FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND BEING DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE PROPERTY DESCRIBED IN A WARRANTY DEED FILED AS INSTRUMENT NO. 78-04598, OF THE RECORDS OF PULASKI COUNTY, ARKANSAS AND THE NORTH R/W OF RIXEY ROAD; THENCE EAST ALONG THE SAID NORTH R/W A DISTANCE OF 132' MORE OR LESS TO THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT; THENCE NORTHEASTERLY ALONG THE SAID EASTERLY EASEMENT LINE A DISTANCE OF 52' MORE OR LESS TO THE EAST LINE OF THE SAID PROPERTY; THENCE NORTH ALONG THE SAID EAST PROPERTY LINE A DISTANCE OF 28' MORE OR LESS TO A POINT WHICH IS A PERPENDICULAR DISTANCE OF 20.0' NORTHWESTERLY OF THE SAID EAST ENTERGY EASEMENT LINE; THENCE SOUTHWESTERLY ALONG A LINE WHICH IS A PERPENDICULAR DISTANCE OF 20.0' NORTHWESTERLY OF THE SAID EAST ENTERGY EASEMENT LINE A DISTANCE OF 63' MORE OR LESS TO A POINT WHICH IS A PERPENDICULAR DISTANCE OF 20.0' NORTH OF THE SAID NORTH R/W OF RIXEY ROAD; THENCE WEST ALONG A LINE WHICH IS A PERPENDICULAR DISTANCE OF 20.0' NORTH OF THE SAID NORTH R/W OF RIXEY ROAD A DISTANCE OF 125' MORE OR LESS TO THE SAID WEST PROPERTY LINE; THENCE SOUTH ALONG THE SAID WEST PROPERTY LINE A DISTANCE OF 20.0' TO THE POINT OF BEGINNING, SAID 20' WIDE STRIP OF LAND CONTAINING 0.085 ACRES MORE OR LESS. AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. Parcel Seven: Owner: REX JOHNSON Pulaski County Parcel No. 12R0030018600 A STRIP OF LAND 20' WIDE AND 83' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED IN A LIMITED WARRANTY DEED FILED AS INSTRUMENT NO. 2000043737 OF THE RECORDS OF PULASKI COUNTY, ARKANSAS, BEING BOUNDED BY THE WEST AND EAST LINES OF THE SAID PROPERTY, SAID PERMANENT WATER LINE EASEMENT CONTAINING 0.038 ACRES MORE OR LESS. 000152 Ordinance No. 1432 ( #20 -11) Page Five AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. Parcel Eight.: Owner: BOBBIE MEADOUGH AND /OR PATRICIA GRIFFIN Pulaski County Parcel No. 12R0030018800 A STRIP OF LAND 20' WIDE AND 83' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED IN A LIMITED WARRANTY DEED FILED AS INSTRUMENT NO. 2000043737 OF THE RECORDS OF PULASKI COUNTY, ARKANSAS, BEING BOUNDED BY THE WEST AND EAST LINES OF THE SAID PROPERTY, SAID PERMANENT WATER LINE EASEMENT CONTAINING 0.038 ACRES MORE OR LESS. AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. Parcel Nine: Owner: W.S. CUMMINS Pulaski County Parcel No. 12R0030019200 A STRIP OF LAND 20' WIDE AND 326' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED AS TRACT 1 IN A QUITCLAIM DEED FILED UNDER INSTRUMENT NO. 81- 08280, OF THE RECORDS OF PULASKI COUNTY, ARKANSAS (A.K.A. PARCEL NO. 23R- 003.00- 165.00) BEING BOUNDED BY THE WEST AND EAST LINES OF THE SAID PROPERTY, LESS AND EXCEPT THAT PART OF THE SAID PERMANENT WATER LINE EASEMENT LYING ON LANDS KNOWN AS PARCEL NO. 23R- 003.00- 192.00, SAID PERMANENT WATER LINE EASEMENT CONTAINING 0.150 ACRES MORE OR LESS. AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTH OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. 000153 Ordinance No. 1432 ( #20 —11) Page Six Parcel Ten: Owner: PATRICIA PRELOW Pulaski County Parcel No. 23R0030019200 A STRIP OF LAND 20' WIDE AND 179' MORE OR LESS IN LENGTH FOR A PERMANENT WATER LINE EASEMENT, SAID STRIP OF LAND LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE EASTERLY LINE OF AN EXISTING 100' ENTERGY EASEMENT ON THE PROPERTY DESCRIBED AS PARCEL NO. 23R- 003.00- 192.00 OF THE RECORDS OF PULASKI COUNTY, ARKANSAS, AND BEING BOUNDED BY THE NORTH AND WEST LINES OF SAID PARCEL, SAID PERMANENT WATER LINE EASEMENT CONTAINING 0.082 ACRES MORE OR LESS. AND A STRIP OF LAND 15' WIDE FOR A TEMPORARY CONSTRUCTION EASEMENT, BEING SUBSTANTIALLY THE SAME LENGTH, LYING NORTHERLY OF, PARALLEL TO, AND ADJOINING THE ABOVE SAID PERMANENT EASEMENT. SECTION TWO: The City Council hereby authorizes the Mayor and 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 needed easements and rights of way across and through the real properties described herein for the purposes to provide adequate land for the improved ingress and egress of public water lines for the purpose of construction projects of the Jacksonville Water Works and Central Arkansas Water. SECTION THREE: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTON FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of y such conflict. let APPROVED AND ADOPTED THIS i p l DAY OF NOVEMBER, 2011. CITY OF JACKSONVILLE, ARKANSAS wa - A: F TC ER, MAYOR , 000154 Ordinance No. 1432 ( #20 -11) - ‘e. J ,t Page Seven . , *^ & ATTEST.. "£� 41%. , `r /ai (rt ; SUSANDAV , ' CLERK AP ' 'VEDASTo , 'M: iN Ar 2lio ROB:'TE. MBURG