0693 000.ts?
RESOLUTION NO. 693 (#2 - 2013)
A RESOLUTION IN SUPPORT OF AND AUTHORIZING THE TRANSFER
OF OWNERSHIP FOR CERTAIN PROPERTY DESCRIBED HEREIN
(GENERAL DESCRIPTION:1200-1300 BLOCK OF MARSHALL ROAD)
TO CLARIFY AND CERTIFY PROPERTY LINES AND
RESPONSIBILITIES OF THE CITY IN FUTURE DEVELOPMENT OF
SAID PROPERTY;AND, FOR OTHER PURPOSES,
WHEREAS, real property in the 1200-1300 block of Marshall Road is encompassed
by the former Vertac Chemical Plant Site, which was a former EPA Superfund site that
was decontaminated through requirements imposed upon the responsible parties by the
federal government and courts;
WHEREAS, after Twenty-five (25) years of oversight, the U. S. District Court of
Eastern Arkansas, the Honorable Price Marshall presiding, has determined it is in the best
interests of all to formulate closure of the Consent Decree by which the real property is
currently controlled. While continual monitoring and maintenance of certain portions of
said property will be conducted by the responsible parties and/or their successor entities
with EPA oversight, boundary lines have been established for the real property donated to
the City of Jacksonville that contained no contamination. As a result and to insure the
City has no ownership of any real property requiring continual monitoring and/or
remediation at the former Plant site, a survey has been completed and title to certain
properties is required to be transferred to insure proper chain of title and appropriate
restrictions apply to all relevant property;
WHEREAS, certain restrictions for future development of said real estate shall
satisfy all federal safety requirements for such property, and City leaders are aware of
and agree to the restrictions for future development for the portions of property that the
City will have title to and commit to restrictive covenants for said property that will forever
insure proper development, appropriate future use of the property, and no harm to the
citizens of Jacksonville; and,
WHEREAS, after conducting a Public Hearing for citizen input and addressing the
issue in Two (2) successive Public City Council Meetings, the City Council believes it to be
in the best interests of the citizens of Jacksonville to authorize transfer of certain real
estate and acceptance of certain real estate with appropriate restrictive covenants to
insure the City of Jacksonville has title to only that property which contains no
contaminants.
0001:38
RESOLUTION NO. 693(#2-2013)
Page Two
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The City Council of Jacksonville, Arkansas, supports the
transfer of title to the real property described on the attached Exhibit A in exchange for
unencumbered title to the real property described on the attached Exhibit B, recognizing
and agreeing that said property will have restrictive covenants that will perpetually run
with the real property to insure no residential development shall occur thereon. The
Council authorizes Mayor Fletcher and City Clerk Davitt to execute and submit the
appropriate documentation required to accomplish said property transfer(s), and the
Council understands that no monetary amount will be exchanged between the parties. All
such transfers are further contingent upon approval of said property transfer and closure
of the Consent Decree action by the Eastern District of Arkansas U.S. District Court, the
Honorable Price Marshall presiding.
SECTION TWO: 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 2,161- DA Y OF FEBRUARY, 2013.
M 7ari' GAR"-- ETCHER
ATTEST.'
SUSAA J 1T7 C l LERK
•
n �i
A ••R• a AS T �FOR �.,
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I
- ROB' •T E MBURG, CIVTTORVEYN '. ,
•
LEADER PUBLISHING, INC. 0001:
P.O. Box 766 • 404 Graham Road • Jacksonville, Ark. • 72076
105 North 8th Street • Cabot, Ark. • 72023
, 1 (501) 982-9421 • (501) 941-5132 • 501-985-0026 (Fax)
L 1 Publishers of The Leader on Wednesdays and Saturdays in North Pulaski, Lonoke, White and Prairie Counties
Combat Airlifter — The only officially sanctioned newspaper at Little Rock Air Force Base
The Arkansas Minuteman, serving the Arkansas National Guard and their families
State of Arkansas LEGAL NOTICE
LEGAL NOTICE as published
in the January 12th,2013 Edi-
tion of The Leader.
NOTICE OF PUBLIC HEAR-
County of Pulaski INS
County of Lonoke WHEREAS,A Public Hearing
�y will be conducted before the
City Council of the City of Jack-
This is to certify r that the attached legal advertisement sonvilie,Arkansas, on Thuis-
being 6,>✓ 4,t' ,SF,ckSntv,�rz day,January 24,2013,at 7;00
�' p.m„at Jacksonville City Hall,
One Municipal Drive,Jackson-
ville,Arkansas 72076,on the
question of transferring real
� property within the City;and,
In the matter of /Yotic& 4r / il,' Hear 4, WHEREAS,THE City ofJack-
aomiille,Arkansas,Is,required
bylawto post and publish pub•
tic notice setting forth a public
meeting and notifying the
‘1,1.000,-- A �. citizens•of the City of Jackson-
versus. Jw� ville;Arkansas,of the matter to
`be presented for consideration, III g,a a.,R.
NOW, EFoRE,'•KNOW l}„ a r f C,- •ii .,
Q ALL.BY HESS !RESENT, ¢I_,t 6 h ;,
"'Res . 6q �� t THAT J`'' JAN pending in the,
1. THEt E.w1iL be a Public A 22 2013
court of said county, was published for Hearing faetheCityCoun-
Y, p ail. tltp y.df JgCksonviile,
� as on Tlaarsday Jan u- R\`
ry`14,?20f3;at 7:00 pint.,at -�..—
the Jacksonville City Hall,One
consecutive times on the following dates: Municipal Drive,.Jacksonville,
9 sas,'on the question of
..� e. Jr, , 2013, , 2013,'°' sferringrealpropertywithin
f' fhti City as moreeparticularty
described below.
2013, , 2013'LEGAL:.petbitIPTioN for
2013, 2013 Marshan*aii Property:
PART OF the land in the North
in the regular edition of The Leader, a newspaper of V.of Section 24,Township 3
general bona fide circulation, having a Periodical Postal ad Jess; sas.tot
Permit and published continuously for a period of more love.'
than one year in the County of Lonoke, County of Pulaski, TN" R11THf44o Sestome
County of White or County of Prairie, State of Arkansas. 'Railroad right afwayownedby
fp the City of Jacksonville,South
PUBLICATION FEE $- 4 of the property owned by the•
City of Jacksonville known as
/ • the Public Safety Facility and
"cut._ r the Recycling Center;West of,
By: a-- Marshall Road and does not
(for Garrick Feldman, include the Hills Addition,Jack-
sonville,Arkansas,
Stat: •f Arkan'as 2.ALL interested parties are
hereby warned and advised to
C.unty of Lono e appear before this Council at
the hearing at the above des- ,,t�aitaa�eafrcrrpegr
'.UBSC' :ED ■ND'SWORN TO BEFORE ME ON THIS ignated date,time,and pl c`r��'}Syh M RO8/,,' ,„4.
jg- DAY ' F ,- ..''""`- 2013, aD y 013 Hts 9th day o�.an.`� okPRY P0e�i��G y
WI
( 1 GARY FLETCHER,kyor ;
' - --- 'CITY OF Jacksonvili Ark',In- ARKANSAS
sas
' ose r h M. Robinson) #1 Municipal Drive %� '� ,:i,w`
Notary Public, Lonoke Co., Arkansas JACKSONVILLE,AR 72049 Z�83FXPiRES12: `ills
Commission#12388483 (501)982-3146 P�'ro.roarr3itiw4ertir'a
My commission expires July 25, 2022