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979_ A ~. ORDINANCE NO. ATd ORDINANCE ACCEPTING AD1D COTIFIRPRING THE DEDICP..TICTd OF A STREET IDETITIFIED AS EAST BARYON RUNNITdG WEST FROM NORTH SEVENTH STREET IN THE CITY OF ti~IF:ST 1"iENIPF'IS, ARKANSAS, TO THE PLAI`;i' SITES OF TET4PLE GYPSUM, ITdC. , AND [~~,EYERHAEUSER COMPANY, DECLARING AN EPRERGENCY ~.ND FOR OTIiER PURPOSES. P~HEREAS, by Dedication Deed dated February 11, 1971, Holiday Gardens, .Inc., being the owner of certain lands in the r1Ta 1/~! of Secti_or. 7, Township 6 rdorth, Range 9 East, dedicated to t're public a str_it~ of land 50 feet wide running from Seventh Street west to the plant site of Temple Gypsum, IT1C. for use as a street, said deed having been filed for record in the Office of tl;e Recorder of Crittenden County, Arkansas, on February_ 25, 1971 and therein recorded in Boolc 444 at Wage 605; and, T~7HEREr.S, by Right of I•?ay Deed dated June 27, 1975, Holiday Gardens, INC. as the owner of lands in the NW 1/4 of Section 7, Township 6 North, Range 9 East, granted to the City of West Memphis a perpetual easement and right-of-way for the purpose of constructing a street for access across the entire north boundary of the lot owned by the City of West P2emphis and upon which was located the Evans Products Plant, which said Right Of Itiia.y Deed was filed for record in the Office of the Recorder aforesaid on June 3C, 1n75, and therein recorded in Book 50S at page 2f38; anti, WHEREAS, the City of SVest Piemphis acquired the land upon which Temple Gypsum, INC. and Evans Products ~Compa.ny were ~ located as industrial sites f_or location of_ znctiustry under A.ct ~ ! 9 of the Acts of 1960 of the State of Arkansas and it was r_e- ~"' quired that access to the plant sites be made available and tl;e aforesaid deeds were executed for this purpose; and, p7IiEREAS, there has been an appropriation of said lands for street uses and acceptance thereof by the public lout a cuestion has arisen that there was never an acceptance of said dedications as vaas contemplates by the Statutes of the State of R.rkansas and the City of [lest ]~~Iemphi s now desires to formally accent a.nd confirm said dedica; ions : ~IO[~', TIiEREFORE, BE IT ORDAINED BY THE CITY COUPICIL OF THE CITY OF ti^IEST MEMPHIS, ARKANSAS: SECTIOTI I: That the street above described heretofore dedicated to the public use be and. the same is hereby declared to have been accepted and confirmed as a public street and shall be deemed a public street and to be under the care and control of the City Council. SECTIOTd II: EMERGENCY CLAIJSE. That it is found and declared by the City Council of the City of_ West Memphis that the properties serued by said street are owned by the City of West T~emphis and leased by it to the industrial plants of Temple Gypsum, IT~1C. and[n'eyerhaeuser Company (successor lessee under 1_ease with Evans Products) and that the tract of land immediately caest of Weyerhaeuser Company is in the process of being developed by Southwestern Bell Telephone Company and it must be assured of access to its property by public street and that it is in the interest of the City of Truest Memphis. that this ordinance be adopted for the continued gror~th andy expansion of the City of_ V7est T~iemphis and for the continued improvement in the industrial climate in the City of thTest Aiemphis and that tl~e passage of this ordinance is in the interest of the public health, peace, safety and welfare of the City of P~Iest T'iemphis and the inhabitants thereof. Therefore, an .emergency is hereby ~3 ~ Y ~ , I declared to exist and this ordinance shall take effect and be in force immediately upon its passage and app-~oval. ~:~ ~.. // A '/ J~X°.',' PASSED this 6th day of September, 1979. ,. i _ YO ~~ 7