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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 000045 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.