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14092 2015016810 Received: 3/24/2015 1:28:11 PM � �! Recorded: 03/24/2015 01:32:36 PM Filed & i% Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK " �� ' = Fees $20.00 1 • r I SOLUTION NO. 14,092 2 Al 11 ,4 3 A RESOLUTION,AUTHORIZING USE OF EMINENT DOMAIN ON THE 4 ASHER AVENUE IMPROVEMENT PROJECT; AND FOR OTHER 5 PURPOSES 6 7 WHEREAS, attempts to acquire some right-of-way, Permanent Construction Easements, and 8 Temporary Construction Easements necessary for the construction of the Asher Avenue Improvement 9 Project,No. 13-B-1A, have been unsuccessful due to a lack of response from the owner or potential title 10 problems;and 11 WHEREAS, staff has successfully acquired, contracted, or are in negotiations with twenty eight(28) 12 landowners and will continue attempts to contact and negotiate acquisitions with the nine (9) landowners 13 that have been un-responsive without the use of eminent domain. 14 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 15 OF LITTLE ROCK,ARKANSAS: 16 SECTION 1. The City Manager and City Attorney are hereby authorized to use eminent domain to 17 complete acquisition of right-of-way, temporary construction easements and permanent construction 18 easements necessary for construction of the project as shown on the plans for right-of-way acquisition for 19 the Asher Avenue Improvement Project. 20 SECTION 2. Funding for this project is available from 2013 Capital Improvement Bonds for Streets 21 and Drainage as authorized by Resolution No. 13,699. 22 SECTION 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, 23 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 24 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 25 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 26 resolution. 27 SECTION 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 28 with the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 29 SECTION 5. This resolution will be in full force and effect from and after the date of its adoption. 30 ADOPTED: March 17,2015 31 • ES APPROVED: 32 33 34 Sus L gl ,City Clerk Mark Stodola,Mayor Page 1 of 21 1 APPROVED AS TO LEGAL FORM: 2 0,44 3 4 Thomas M. Carpenter, City Attorneti 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 'Page 2 of 21