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0651 1 RESOLUTION NO, 651 ( #13 -10) A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION, DEVELOPMENT, EXPANSION, AND IMPROVEMENT OF STREET RIGHTS OF WAY AND UTILITY EASEMENTS AND RELOCATIONS ALONG GRAHAM ROAD; AND, FOR OTHER PURPOSES. WHEREAS, despite extensive efforts on behalf of the City of Jacksonville to purchase certain properties owned by various property owners for the construction, development, expansion, and improvement of street rights of way and utility easements and relocations, lengthy efforts to amicably resolve the parties' differences have failed; and, WHEREAS, the need for immediate access to said real properties is I required for the public purpose of construction and development of the said street improvements and utility relocations. Under the authority granted in ACA § 18 - 15 - 201 et. seq., the City Council exercises its rights of eminent domain to obtain and condemn the real properties described herein to provide adequate land required for the construction, development, expansion, and improvement of street rights of way and utility easements and relocations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTIONONF Access to the real properties described herein is hereby required by the City of Jacksonville, Arkansas, for the public purposes of construction, development, expansion, and improvement of street rights of way and utility easements and relocations along Graham Road. Said real properties and their title owners are as more particularly described below: PARCEL ONE: THOMAS E. AND SOPHIE BROOKS LAND ALL OTHER HEIRS AND INTERESTED PARTIES): Part of Lot 3 of White's Subdivision to the City of Jacksonville, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: II RESOLUTION NO. 651 (#13-10) Page Two Commencing at the Southwest corner of Lot 28 of Evergreen Subdivision, a Replat of Lots 3 and 4 of White's Subdivision; thence North O1 °55'41" East along the West line of said Lot 28 a distance of 76.28 feet to a point on the Southerly right of way line of Graham Road as established by AHTD Job 061026 to the POINT OF BEGINNING; thence North 89 °3123" West along said right of way line a distance of 93.65 feet to a point; thence North 00 °12'38" East a distance of 2.57 feet to a point on the Southerly right of way line of Graham Road as established by the Plat of White's Subdivision recorded in Plat Book 3, Page 126A; thence South 89 °3928" East along said right of way line a distance of 93.73 feet to a point; thence South 01 °55'41" West along said right of way line a distance of 2.79 feet to the point of beginning and containing 0.01 acres or 251 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL TWO: I PAUL CONNER, ON BEHALF OF P & G PROPERTIES & INVESTMENTS: Part of Lot 475 of Sunnyside Hills Addition to the City of Jacksonville, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Southeast corner of Lot 475 of Sunnyside Hills Addition; thence North 00 °42'08" East along the East line of said Lot 475 a distance of 89.88 feet to a point on the Southerly right of way line of Graham Road as established by AHTD Job 061026 to the POINT OF BEGINNING; thence North 841754" West along said right of way line a distance of 76.46 feet to a point on the West line of Lot 475 of Sunnyside Hills Addition; thence North 08 °46'12" West along said West line a distance of 23.26 feet to a point on the Southerly right of way line of Graham Road as established by the Plat of Sunnyside Hills Addition to the City of Jacksonville recorded in Plat Book 4, Page 152; thence South 89 °40'05" East along said right of way line a distance of 80.00 feet to a point on the East line of Lot 475 of Sunnyside Hills Addition; thence South 00 °42'08" West along said East line a distance of 30.12 feet to the point of beginning and containing 2,066 square feet more or less as shown on plans prepared by the I AHTD referenced as Job 061026. ' RESOLUTION NO. 651 ( #13 -1O) Page Three PARCEL THREE: LLOYD FRIEDMAN, ON BEHALF OF G.G.F., INC.: Part of Lot 4 of White's Subdivision to the City of Jacksonville, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of Lot 1 of Evergreen Subdivision, a Replat of Lots 3 and 4 of White's Subdivision; thence North 01 °55'53" East along the East line of said Lot 1 a distance of 72.15 feet to a point on the Southerly right of way line of Graham Road as established by the Plat of White's Subdivision recorded in the Plat Book 3, Page 126A; thence continuing North 01 °55'53" East along said right of way line a distance of 10.00 feet to a point; thence South 89 °3928" East along said right of way line a distance of 70.15 feet to the POINT OF BEGINNING; thence continuing South 89 °3928" East along said right of way line a distance of 64.50 feet to a point; thence South 01 °55'53" West a distance of 13.16 feet to a point on the Southerly right of way line of Graham Road as established by AHTD Job 061026; thence North 88 °18'56" II West along said right of way line a distance of 64.48 feet to a point; thence North O1 °55'53" East a distance of 11.65 feet to the point of beginning and containing 0.02 acres or 800 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL FOUR: GREGORY A. AND CYNTHIA HILL: Part of Lots 48 and 53 of Heritage Park Subdivision of the City of Jacksonville, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of Lot 53 of Heritage Park Subdivision said point being on the Easterly right of way line of Northeastern Avenue as established by the Plat of Heritage Park Subdivision recorded in Plat Book 38, Page 58; thence South 01 °44'39" West along said right of way line a distance of 88.84 feet to a point on the Northerly right of way line of Graham Road as established by AHTD Job 061026 to the POINT OF BEGINNING; thence South 89 0 09'59" East along said right of way line a distance I of 239.80 feet to a point on the Westerly right of way line of Heritage Street as established by the Plat of Heritage Park Subdivision recorded in Plat Book 38, Page 58; thence South RESOLUTION NO. 651 ( #13 -10) I Page Four 01 °24'54" West along said right of way line a distance of 12.45 feet to a point on the Northerly right of way line of Graham Road as established by the Plat of Heritage Park Subdivision recorded in Plat Book 38, Page 58; thence North 88 °4224" West along said right of way line a distance of 239.85 feet to a point on the Easterly right of way line of Northeastern Avenue as established by the Plat of Heritage Park Subdivision recorded in Plat Book 38, Page 58; thence North 01 °44'39" East along said right of way line a distance of 10.53 feet to the point of beginning and containing 2,755 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL FIVE: VIMOLSRI HOWLEY: Part of Lot 473 of Sunnyside Hills Addition to the City of Jacksonville, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: I Commencing at a point being used as the Southeast corner of Lot 475 of Sunnyside Hills Addition; thence North 00 0 42'08" East along the East line of said Lot 475 a distance of 120.00 feet to a point on the Southerly right of way line of Graham Road as established by the Plat of Sunnyside Hills Addition to the City of Jacksonville recorded in Plat Book 4, Page 152; thence North 89 0 40'05" West along said right of way line a distance of 110.26 feet to a point on the Southeasterly right of way line of Elm Street as established by the Plat of Sunnyside Hills Addition to the City of Jacksonville recorded in Plat Book 4, Page 152; thence South 43 °15'46" West along said right of way line a distance of 66.71 feet to a point on the East line of Lot 473 of Sunnyside Hills Addition to the POINT OF BEGINNING; thence South 28 °43'38" East along said East line a distance of 4.27 feet to a point on the Easterly right of way line of Elm Street as established by AHTD Job 061026; thence South 45 °10'48" West along said right of way line a distance of 37.99 feet to a point; thence South 47 °35'18" West along said right of way line a distance of 37.01 feet to a point on the Southeasterly right of way line of Elm Street as established by the Plat of Sunnyside Hills Addition to the City of Jacksonville recorded in Plat Book 4, Page I 152; thence North 43 °15'46" East along said right of way line a distance of 76.19 feet to the point of beginning and containing 184 RESOLUTION NO. 651 ( #13 -10) Page Five square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL SIX: GEORGE AND SUSIE LACKIE (AND ALL OTHER HEIRS AND INTERESTED PARTIES): Part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a Cotton Picker Spindle in asphalt being used as the West Sixteenth corner of Sections 21 and 28; thence South 01 °56'49" West along the East line of the Northwest Quarter of the Northwest Quarter of Section 28 a distance of 12.00 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence North 88 °42'25" West along said right of way line a distance of 70.86 feet to the POINT OF BEGINNING; thence South 01 °37'57" West a distance of 18.00 feet to a point; thence North 88 °4224" West a distance of 101.00 feet to a point on the Easterly Prescriptive right of way line of J. P. Wright Loop Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence North 01 °51'02" East along said right of way line a distance of 18.00 feet to a point Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence South 88 °4225" East along said right of way line a distance of 100.93 feet to the point of beginning and containing 0.04 acres or 1,817 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL SEVEN: CLYDE AND PEARL McCONNELL (AND/OR ALL OTHER HEIRS AND INTERESTED PARTIES): Part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Quarter corner of Sections 20 and 29; thence South 02 °15'25" West along the West line of the Northwest Quarter of the Northeast Quarter of Section 29 a distance of 12.00 feet to a point on the Southerly Prescriptive RESOLUTION NO. 651 (#13-10) Page Six right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence South 89 °3527" East along said right of way line a distance of 400.00 feet to the POINT OF BEGINNING; thence continuing South 89 °35'10" East along said right of way line a distance of 74.38 feet to a point; thence South 00 °17'14" West along said right of way line a distance of 18.07 feet to a point; thence North 89 °34'53" West a distance of 75.00 feet to a point; thence North 02 °15'25" East a distance of 18.07 feet to the point of beginning and containing 0.03 acres or 1,349 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL EIGHT: CLYDE AND PEARL McCONNELL (AND ALL OTHER HEIRS AND INTERESTED PARTIES): Part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Quarter corner of Sections 20 and 29; thence South 02 °15'25" West along the West line of the Northwest Quarter of the Northeast Quarter of Section 29 a distance of 12.00 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence South 89 °3527" East along said right of way line a distance of 55.66 feet to the POINT OF BEGINNING; thence continuing South 89 °35'27" East along said right of way line a distance of 144.32 feet to a point on the Westerly Prescriptive right of way line of Pearl Street as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence South 02 °1527" West along said right of way line a distance of 24.53 feet to a point on the Southerly right of way line of Graham Road as established by AHTD Job 061026; thence North 89 °38' 58" West along said right of way line a distance of 144.33 feet to a point; thence North 02 °1525" East a distance of 24.68 feet to the point of beginning and containing 0.08 acres more or less as shown on plans prepared by the AHTD referenced as Job 061026. RESOLUTION NO. 651 ( #13 -1O) Page Seven PARCEL NINE: JESSIE VIRGINIA LORAINE McELROY REVOCABLE TRUST: Part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a Cotton Picker Spindle in asphalt being used as the West Sixteenth corner of Sections 21 and 28; thence South 01 °56'49" West along the East line of the Northwest Quarter of the Northwest Quarter of Section 28 a distance of 12.00 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence North 88 °4225" West along said right of way line a distance of 171.79 feet to a point; thence North 88 °4222" West a distance of 100 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence North 88 °4224" West along said right of way line a distance of 311.14 feet to the POINT I OF BEGINNING; thence South 01 °51'02" West a distance of 18.28 feet to a point on the Southerly right of way line of Graham Avenue as right of way line a distance of 99.33 feet to a point; thence North 01 °51'02" East a distance of 17.93 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated March 12, 2009; thence South 88 °4224" East along said right of way line a distance of 99.33 feet to the point of beginning and containing 0.04 acres or 1,798 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL TEN: FRED THOMPSON (A/K/A B. F. THOMPSON) OR HEIRS OF FRED (B.F.) THOMPSON: Part of the South Half of the Southwest Quarter of Section 20, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Quarter corner of Sections 20 and 29; thence North 01 °45'10" East along the East line of the Southeast Quarter of the Southwest Quarter of Section 20 a distance of 12.00 feet to a point on the Northerly Prescriptive right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence North RESOLUTION NO, 651 ( #13 -10) Page Eight 89 °38'45" West along said right of way line a distance of 337.07 feet to the POINT OF BEGINNING; thence continuing North 89 °38'45" West along said right of way line a distance of 1245.32 feet to a point; thence North 01 °17'12" East a distance of 18.00 feet to a point; thence South 89 °35'59" East a distance of 406.52 feet to a point; thence South 89 °34'45" East a distance of 74.00 feet to a point; thence South 89 0 40'05" East a distance of 763.62 feet to a point; thence South 01 °53'58" West a distance of 17.89 feet to the point of beginning and containing 0.51 acres or 22,125 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL ELEVEN: GRAHAM DEWITT NIXON AND WALTER W. NIXON III: Part of the Southeast Quarter of the Southwest Quarter of Section 20, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Quarter corner of Sections 20 and 29; thence North 01 °45'10" East along the East line of the Southeast Quarter of the Southwest Quarter of Section 20 a distance of 12.00 feet to a point on the Northerly Prescriptive right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence North 89 °38'45" West along said right of way line a distance of 18.96 feet to the POINT OF BEGINNING; thence continue North 89 °38'45" West along said right of way line a distance of 318.11 feet to a point; thence North 01 °53'58" East a distance of 31.78 feet to a point on the Northerly right of way line of Graham Road as established by AHTD Job 061026; thence North 87 °54'32" East along said right of way line a distance of 31.94 feet to a point; thence South 88 °31'07" East along said right of way line a distance of 250.05 feet to a point; thence North 63 °46'14" East along said right of way line a distance of 42.51 feet to a point; thence South 03 °35'11" West a distance of 47.32 feet to the point of beginning and containing 0.23 acres or more or less as shown on plans prepared by the AHTD referenced as Job 061026. AND 1 RESOLUTION NO. 651 (#13-10) Page Nine Part of the South Half of the Southeast Quarter of Section 20, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a point being used as the Quarter corner of Sections 20 and 29; thence North 01 °45'10" East along the West line of the Southwest Quarter of the Southeast Quarter of Section 20 a distance of 12.00 feet to a point on the Northerly Prescriptive right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence South 89 °35'26" East along said right of way line a distance of 580.99 feet to the POINT OF BEGINNING; thence North 02 °40'11" East a distance of 29.01 feet to a point on the Northerly right of way line of Graham Road as established by AHTD Job 061026; thence South 89 °39'52" East along said right of way line a distance of 488.53 feet to a point; thence North 84 °37'30" East along said right of way line a distance of 50.25 feet to a point; thence North 62 °15'47" East along said right of way line a distance of 85.00 feet to a point; thence South 66 °27'57" East along said right of way line a distance of 114.24 feet to a point; thence South 89 °39'52" East along said right of way line a distance of 224.51 feet to a point; thence South 01 °49'24" West a distance of 30.21 feet to a point on the Northerly Prescriptive right of way line of Graham Road as established by Affidavit from the City of Jacksonville dated March 12, 2009; thence North 89 °35'26" West along said right of way line a distance of 943.44 feet to the point of beginning and containing 0.74 acres more or less as shown on plans prepared by the AHTD referenced as Job 061026. PARCEL TWELVE: ROBERT S. AND BRIDGETTE A. VAN NOSTRAND: Part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 3 North, Range 10 West, Pulaski County, Arkansas, more particularly described as follows: Commencing at a found Cotton Picker Spindle being used as the Common Corner of Sections 20, 21, 28 and 29; thence South 01 °56'30" West along the West line of the Northwest Quarter of the Northwest Quarter of Section 28 a distance of 12.00 feet to a point; thence North 89 °23'44" East a distance of 11.01 feet to a point on the Southerly Prescriptive right of way line of Graham Road as established by Affidavit to the City of Jacksonville dated RESOLUTION NO. 651 ( #13 -10) Page Ten March 12, 2009; thence South 88 °33'33" East along said right of way line a distance of 139.52 feet to a point; thence South 88 °23'00" East along said right of way line a distance of 113.19 feet to a point; thence South 88 °15'01" East along said right of way line a distance of 66.81 feet to the POINT OF BEGINNING; thence South 88 °4224" East along said right of way line a distance of 65.00 feet to a point; thence South 01 °51'02" West a distance of 19.51 feet to a point on the Southerly right of way line of Graham Road as established by AHTD Job 061026; thence North 89 °09'59" West along said right of way line a distance of 65.01 feet to a point; thence North 01 °51'02" East a distance of 20.03 feet to the point of beginning and containing 0.03 acres or 1,285 square feet more or less as shown on plans prepared by the AHTD referenced as Job 061026. SECTION TWO: The City Council hereby authorizes the Mayor and the 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 real properties described herein for purposes of the construction, development, expansion, and improvement of street rights of way and utility easements and relocations for Graham Road. The City Council urges the Mayor and City Attorney to further pursue an Order of Possession to insure quick access to said real properties in the continued efforts to begin construction, noting and satisfying the requirements of just compensation for the owners of said real properties and prevention of possible loss of federal funding for said Project. SECTION THREE 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 16th DAY OF SEPTEMBER, 2010. CITL-OF-0346KSONVILLE, ARKANSAS (CH GARY . % CHER, v • 0' 4-7//4: RESOLUTION NO. 651 ( #13 -10) ' Page Eleven ATTEST: SUSAN DA ∎ , C CLERK A.r ED TOFt'' ROBE°TE. BA BURG, CI7YATTORN