1452 0000113
ORDINANCE NO. 1452 (#14 - 12)
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; DECLARING AN
EMERGENCY;AND, FOR OTHER PURPOSES.
WHEREAS, despite efforts by Jacksonville Water Works to acquire certain
utility easements and rights of way across and through real property owned by John
David Cunningham for construction and improvement of a public water main line,
together with the necessary ingress and egress for Jacksonville Water Works, efforts
to amicably resolve the parties' differences and secure the required property
easements and rights of way have failed. Immediate access to said real property as
described below is required for construction and development of sais improved
public water line and the necessary ingress and egress to such for extension of
public water distribution service behalf of the Jacksonville Water Works; and,
WHEREAS,the need for immediate access to said easements and rights of
way across and through the real property described below is required for the public
purpose of construction and development of said public water main line
improvements and utility locations. Under authority granted in ACA§ 18-15-301 et.
seq., the City Council exercises its rights of eminent domain on behalf of
Jacksonville Water Works to obtain and condemn a utility easement and right of way
across and through the real property described herein to provide adequate land
required for the improved public water line(s), together with the necessary ingress
and egress to such, for improved water distribution for the Jacksonville Water
Works.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE; Access to the real property described herein is
hereby required by the City of Jacksonville, Arkansas, by and through the
Jacksonville Water Works, for public purposes of providing adequate improved
public water main line(s) and the necessary ingress and egress to such for the
purpose of construction projects of the Jacksonville Water Works.
Parcel Owner: John David Cunningham
PART OF THE NORTH HALF OF THE NORTH HALF OF SECTION 4,T-3-N, R-
10-W, CITY OF JACKSONVILLE, PULASKI COUNTY,ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
000044
Ordinance No. 1452(#14—12)
Page Two
COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 4,T-3-N, R-10-W;THENCE S88P41'12"
E ALONG THE NORTH LINE OF SAID SECTION 4 A DISTANCE OF 44.6 FEET
TO THE EAST RIGHT-OF-WAY LINE OF U.S. HWY 67-167; THENCE S06°07'
50"W ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 372.45 FEET
TO THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY
LINE S88P 22' 34"E A DISTANCE OF 15.05 FEET; THENCE S06°07' 50"W A
DISTANCE OF 130.40 FEET TO THE NORTH LINE OF AN EXISTING WATER
LINE EASEMENT; THENCE N86P 22' 34"W ALONG SAID NORTH LINE A
DISTANCE OF 15.05 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID U.S.
HWY 67-167;THENCE N06°07'50"E ALONG SAID EAST RIGHT-OF-WAY LINE
A DISTANCE OF 130.40 FEET TO THE POINT OF BEGINNING, CONTAINING
1956.5 S.F., MORE OR LESS.
Property a/k/a 6300 T. P. White Drive, Cabot, Arkansas 72023
Pulaski County Parcel No. 1230040100100
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 rovide 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 such conflict.
APPROVED AND ADOPTED THIS DAY OFJUL Y, 2012.
CITY OF JACKSONVILLE,ARKANSAS
GARY FLETCHER, MAYOR
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Ordinance No. 1452(#14-12)
Page Three
ATTEST:
SUSAN DA VITT, CITY CLERK
APPROVED AS TO FORM:
ROBERT E. BAMBURG, CITY ATTORNEY
ORDINANCE 1452 PASSED FIRST READING ON JULY 19, 2012.
MATTER WAS RESOLVED BEFORE BEING PLACED ON SECOND READING.
ORDINANCE BECOMES NULL AND VOID.