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1176 ORDINANCE NO. 1 176 ( # 6 - 02) AN ORDINANCE CONDEMNING CERTAIN Rl!;4l11.00 PROPER I Y WITHIN THE CII Y LIMITS OF THE CII Y OF JACKSONVILLE, ARKANSAS, FOR PUBLIC RIGHJ:OFWA Y EASEMENT ACCESS; DECLARING AN EMERGENCY; AND, FOR 0 I HER PURPOSES. OOOO~15 2003~J24€1t0~7 83/17/2003 12:51:58 p~ Filed & Recorded in Official Records of C~lf(OL YN CLERK WHEREAS, DESPITE EXTENSIVE NOTICE AND EFFORTS ON BEHALF OF THE CII y OF JACKSONVILLE TO OBTAIN RENEWED ACCESS TO A TURN LANE EASEMENT LOCATED ACROSS REAL PROPERTY OWNED BY GREG H. MATTHEWS AND SUSAN F. MAll I HEWS, LENGTHY EFFORTS TO AMICABLY RESOLVE THE PARTIES' DIFFERENCES HAVE FAILED; AND, WHEREAS, THE NEED FOR RENEWED ACCESS TO SAID TURN LANE, A....IER MR. AND/OR MRS. MATTHEWS TOOK ACTION TO DELIBERATELY BLOCK PUBLIC ACCESS TO THE AREA, IS NEEDED FOR HEALTH AND SAFETY PURPOSES TO AVOID TRAFFIC ACCIDENTS BY PROVIDING A SAFER TURN AREA FOR DRIVERS TRAVELING SOUTHBOUND ON ARK. HWY. 161 AND TURNING WE~lBOUND ON SCHOOL DRIVE. UNDER THE AUTHORITY GRANTED IN ACA S 18 - 15- 201 ET. SEQ., THE CITY COUNCIL EXERCISES ITS RIGHTS OF EMINENT DOMAIN/CONDEMNATION AND PRESCRIPTIVE EASEMENTS TO AGAIN OBTAIN PUBLIC ACCESS AND REQUIRE RELINQUISHMENT OF THE REAL PROPERTY DESCRIBED BELOW TO FULLY ADDRESS THE HEALTH AND SAFETY CONCERNS OF THE CITIZENS OF JACKSONVILLE. NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL OF THE CII Y OF JACKSONVILLE, ARKANSAS, THA T: SECTION ONE. ACCESS TO THE REAL PROPERTY DESCRIBED HEREIN IS HEREBY REQUIRED BY THE CITY OF JACKSONVILLE, ARKANSAS. RENEWED ACCESS IS NEEDED TO THE PRESCRIPTIVE EASEMENT AREA SO AS TO PROVIDE A SAFE TURN LANE OVER AND THROUGH THE REAL PROPERTY AS MORE PARTICULARLY DESCRIBED BELOW: PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE lOWEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWE~'I' CORNER OF THE NE 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 0 WE':::>I; THENCE N 2Q 1 l' EAST ALONG THE WE~l' LINE OF THE NE 1/4 OF SAID SECTION 30, 536.1'; THENCE N 82Q 28' E, 30.46' TO THE EAST RIGHT-OF-WAY LINE OF SOUTH JAMES STREET; THENCE S 02Q 01' W, 149.60' TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH JAMES STREET AND THE NORTH RIGHT-OF-WAY LINE OF SCHOOL DRIVE; THENCE S 41 Q 13' E, 170.30'; THENCE S 44Q 51' 1 6" E, 1 34.81 '; THENCE S 51 Q 35' 1 1" E, 1 38. 1 5; THENCE S 55Q 2 l' E, 1 67. 1 4' AND THE POINT OF BEGINNING; THENCE S 55Q 21 ' 00" E, 75.36'; THENCE N 26Q 54' 13" W, 76.61 '; THENCE S 47Q 00' 20" W, 37.36' TO THE POINT OF BEGINNING, CONTAINING .03 ACRES MORE OR LESS. TITLE OWNERS: GREG H. MATTHEWS AND SUSAN F. MATTHEWS, HIS WIFE. SECTION 1 WO: THE CITY COUNCIL HEREBY AUT.~~i~~~:~~~.to\>~ THE MAYOR AND THE CITY ATTORNEY TO FILE THE AP.FR~P?~~~~'t;^'::"';~ DOCUMENTS AND PLEADINGS NECESSARY, TOGETHER WITH THW" ~~I\f>;~~K,: ',,/' \ VALUE OFTHE REAL PROPERTY IN QUESTION, WITH THE CIRCUlI,;;i L~~'~:~~' \ .~ ~\j~ t.l~,:;~~j~, ':;~;/ ~ ~J ",,', ~1; ~." . '<1:~~~ --.., ~'.:C.~<.I"li.,:;:,..~::)Ii)':f"~ 'If.""'. I;~ q, ~. V<i...J {,. ~,,) .. ., ~; $.' tl" j; :!',. :<;' ~ J g;: I:;J; 'i~ ~ 1).', t. OOOO~16 ORDINANCE No. 1 1 76 MARCH ~:~, ,2002 PAGE Two PULASKI COUNTY, ARKANSAS, SO AS TO AGAIN OBTAIN ACCESSIBILITY AND PRIVILEGE TO THE REAL PROPERTY DESCRIBED HEREIN FOR PURPOSES OF PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTft THE COUNCIL URGES THE MAYOR AND CITY ATTORNEY TO FURTHER PURSUE AN ORDER OF POSSESSION TO INSURE QUICK ACCESS TO SAID PROPERTY IN HOPES OF BETTER PROVIDING FOR THE SAFETY AND WELL-BEING OF THE CITIZENS OF JACKSONVILLED 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 BY SAID DECLARATION. SECTION FOUR: ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT. SECTION FIVE- THIS ORDINANCE, NECESSARY FOR THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF JACKSONVILLE, SHOULD BE IMPLEMENTED IMMEDIATELY. THEREFORE, AN EMERGENCY IS HEREBY DECLARED, AND THIS ORDINANCE SHALL BE IN FORCE AND EFFECT rt-<OM AND Art ER ITS DATE OF PASSAGE. APPROVED AND ADOPTED THIS d DAY OF MARCH, 2002_ CI I Y OF JACKSONVILLE, ARKANSAS .--~~...'" .,~ ..:/.,1 JI""".-""""'" i l /1 rrv- . .! J } "'j 1IlJ tTOMt:YS~~o~A..- (A A./VV\_ A I lEST: <::::.:"'...~, .~." ''It; I.~ ~ ~# ~I"'~ (SUSAN Y vr) I, ell / J K \. ...,./' \\ ",/ // """ .. . "..".... ""'~ /............. "'APJ:5RQ,VEb.At;,m FORM: (//;:(./~~ (/(~2<.~,,,...,,,,,,"""""""""'~ , \ ~"/ X'~ ROBERT E. BA~~.~URNEY