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1131 2~~8i ORDINANCE NO. ~~ ~ ~ BLt~1! ~~~ ~AGt~~~ AN ORDINANCE VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS IN THE CITY OF WEST MEMPHIS, ARKANSAS AND DESCRIBED A5 TRACTS IV AND V IN INSTRUMENT OF RECORD IN BOOK 471 PAGE 346 OF THE RECORDS OF CRITTENDEN COUNTY, ARKANSAS. WHEREAS, a Petition was duly filed with the City Council of the City of West Memphis, Arkansas on the 7th day of April, 1983 to vacate and abandon all that portion of the easements described as Tract IV and Tract V in a Deed of Easement appearing of record in Book 471 at page 346 of the records in the office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; and WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the Notice heard all persons desiring to be heard on the question and has ascertained that the easements herein described have not been actually used by the general public for a period of at least five years subsequent to the filing of said deed of easement; that all the owners of the property abutting upon the easement to be vacated have filed with the Council their written consent to such abandonment; that the public interest and welfare will not be adversely affected by the abandonment of such easements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The City of West Memphis, Arkansas, hereby releases, vacates and abandons all of its rights, together with rights of the public generally, in and to the following described easements: TRACT IV. ~ Commencing at the southeast corner of the SW1/4, Section 6, T6N, R9E, thence North 1 degree 53 minutes east 125.0 feet along the east line of the SW1/4; thence North 88 degrees 41 minutes West 300 feet along a line parallel to the South line of the SW1/4 to the point of beginning; thence North 88 degrees 41 minutes West 75.0 feet; thence North 1 degree 53 minutes East 75.0 feet; thence South 88 degrees 41 minutes east 75.0 feet; thence South 1 degree 53 minutes West 75.0 feet to the point of beginning the same being described as Tract IV of that certain deed ~,..- of easement appearing of record in Book 471 at page 346 `' of the records of Crittenden County, Arkansas. ~ i,;~~~ ~ ~,i .~/' . ~~~~ Q~~~_P" 4 .. E3CVf1 ~~ t YAGt~~~ TRACT V Commencing at the southeast corner of the SWl/4 of Section 6, T6N, R9E, thence north 1 degree 53 minutes east 130.0 feet; thence north 88 degrees 41 minutes west 40.0 feet to the point of beginning of the center line of a 10 foot utility easement; thence north 88 degrees 41 minutes west 300.0 feet on a line parallel to the south line of the SW1/4, Section 6; said line being the center line of a 10.0 foot wide utility easement, the same being described as Tract V in that certain deed of easement appearing of record in Book 471 at page 346 of the records of Crittenden County, Arkansas. Section 2. A copy of the Ordinance, duly certified by the City Clerk shall be filed in the office of the Recorder for the County and recorded in the County deed records. Section 3. This Ordinance shall take effect and be in force from and after its passage. PASSED: ~~ ~U71/'L~ , 1983. ,~~ ~'.t'3 ~''~~+ t r~.,~~~ ~ ~ ~.1~J ,y~ ~w ~. . ~ ` ~ '~' ~ }~', ~ '. ~r~ y, R4 . ` + ti w a -t HuL?~ Q.1C..f~ N~cE6~~ CERTIFICATE The undersigned, City Clerk of West Memphis, Arkansas, hereby certifies that the foregoing 2 pages contain a true, perfect and complete copy of Ordinance No. 1131 , entitled, "An Ordinance Vacating and Abandoning Certain Utility Easements in the City of West Memphis, Arkansas, and described as Tracts IV and V in instrument of record in Book 471 page 346 of the Records of Crittenden County, Arkansas", as fully as the same appeared of record in the Minute Book of the City of West Memphis, Arkansas. I further certify that said Ordinance was passed at a meeting of the City Council of West Memphis, Arkansas, at the regular meeting of the Council in said city at 1:30 O'clock p m on the 16 day of June , 1983 ,at which meeting all members of the City Council were present and participating. 1983. Given under my hand and seal this 21 day of (SEAL) o'clock ~M. and recorded in Book --~-"-Ls Pa9~ -~~-'-~ ~ }' ~ ~ ~ Z'j <' ,'~''', =`. MARY S. BESETT, Circuit Clark .,~~.~,~'' ;~ • J;~:;~= Stpt.~~af',I~rkansas, County of Critt• ~n ~-~ .~ Filed;;for card the ~~ay of 19.E a'1 ~-. ., [~ ;~,~~rr ~~ ; > ~ r ~ ~ i:~. :7~.. J~ ~ i~, ' ~~°~ 1 ~1 i~ June _ ~