1690ORDINANCE NO. 1690 (#9-2022)
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 THE CONSTRUCTION AND DEVELOPMENT OF IMPROVED
PUBLIC WATER AND SEWER LINES FOR THE CONSTRUCTION PROJECTS ON
BEHALF OF JACKSONVILLE WATER WORKS AND JACKSONVILLE WASTE
WATER; AND, FOR OTHER PURPOSES.
WHEREAS, despite extensive efforts on behalf of Jacksonville Water Works and
Jacksonville Waste Water to acquire certain utility easements and rights of way across and through
real properties owned by Realty Income Properties 22 LLC for construction and improvement of
public water and waste water lines and the necessary ingress and egress, 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 to construction,
development, and relocation of public water and waste water lines and the necessary ingress and
egress for such construction projects on behalf of the Jacksonville Water Works and Jacksonville
Waste Water; and
WHEREAS, the need for immediate access to said easements and rights of way across and
through the real properties described below is required for the public purpose of construction and
development of said water and waste water line improvements and utility locations. Under
authority granted in ACA § 18-15-201 et. seq., the City Council of Jacksonville exercises its right
of eminent domain to obtain and condemn utility easements and rights of way across and through
the real properties described herein to provide adequate and required relocation of public water
and waste water lines and the necessary ingress and egress to such for the construction projects of
Jacksonville Water Works and Jacksonville Waste Water.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR 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 and Jacksonville
Waste Water, for public purposes of providing adequate land for the relocation of public water and
waste water lines and the necessary ingress and egress to such for the purpose of construction
projects of the Jacksonville Water Works and Jacksonville Waste Water.
A tract of land for a Permanent Easement in the Southeast 1/4 of the Southeast 1/4
of Section 18, and Southwest 1/4 of the Southwest 1/4 of the Section 17, Township
3 North, Range 10 West in Pulaski County Arkansas, more particularly described
as follows: Commencing at the Southeast corner of said Southeast 1/4 of the
Southeast 1/4 of Section 18, thence along the section line N 02°03'30" E for a
distance of 221.11 feet to a point on the west right of way of North 1st/ Street;
ORDINANCE NO. 1690 (#9-2022)
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thence along side west right of way N 32005'29" E for a distance of 45.45 feet to a
point; thence N 29006'42" E for a distance of 56.80 feet to a point; thence N
29006'42" E for a distance of 200.71 feet to a point; thence N 29°06'42" E for a
distance of 91.26 feet to a point; thence N 29°06'44" E for a distance of 47.82 feet
to the Point of Beginning; thence continuing along said west right of way N
29°06'42" E for a distance of 20.03 feet to a point; thence leaving said west right of
way N 63054'14" W for a distance of 142.94 feet to a point; thence N 65054'18" W
for a distance of 3.16 feet to a point; thence N 26'17'50" E for a distance of 8.27
feet to a point on the north boundary line; thence along said north boundary line N
64°01'54" W for a distance of 20.00 feet to a point; thence leaving said north
boundary line S 25°45'47" W for a distance of 8.89 feet to a point; thence N
66°43'37" W for a distance of 40.05 feet to a point; thence S 34°13'12" W for a
distance of 20.36 feet to a point; thence S 66°37'09" E for a distance of 33.82 feet
to a point; thence S 23°25'58" W for a distance of 28.20 feet to a point; thence S
30045'02" W for a distance of 88.92 feet to a point; thence S 5390'11" E for a
distance of 20.11 feet to a point; thence N 30045'02" E for a distance of 92.33 feet
to a point; thence N 23°25'58" E for a distance of 29.85 feet to a point; thence S
63°54'14" E for a distance of 154.10 feet to the Point of Beginning, containing 0.15
Acres (6699.62 S.F.) more or less.. EASEMENT LENGTH: 355 LINEAR FEET
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 described herein for the purposes to provide adequate
land for the improved ingress and egress of public water and waste water lines for the purpose of
construction projects of the Jacksonville Water Works and Jacksonville Waste Water.
SECTION THREE: Should any of the part(s) of this Ordinance be declared invalid for
any reason, no other part(s) of the Ordinance shall be affected thereby.
SECTION FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
APPROVED AND ADOPTED THIS 7TH DAY OFAPRIL 2022.
CITY OF JACKSONVILLE, ARKANSAS
BOB JOHNSON, MAYOR
ORDINANCE NO. 1690 (#9-2022)
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ATTEST:
SU . DAVITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY
f — STATE OF ARKANSAS)
)SS
COUNTY OF PULASKI)
CERTIFICATE
The undersigned, City Clerk/Treasurer of the City of Jacksonville, Arkansas, hereby
certifies that the foregoing page(s), inclusive, are a true and correct copy of ORDINANCE 1690
(#09-2022), duly passed by the City Council of the City of Jacksonville, Arkansas, at a regular
session held on the 7t" day of April, 2022 and that the same now appears of record in my office
in ORDINANCE BOOK number XXV, page numbers 000005 through 000007.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the City of
Jacksonville, Arkansas this'1A day of April, 2022.