538ORDINANCE NO. ~ 3~
AN ORDINANCE VACATING, ABANDONING AND SURRENDERING
A PORTION OF AN EASEMENT ACROSS LOT 1-C OF BLOCK
FOUR OF WHEELER SUBDIVISION TO THE CITY OF WEST
MEMPHIS, ARKANSAS.
WHEREAS, a petition was duly filed with the Planning
Commission of the City of West Memphis and the Mayor and City
Council of the City of West Memphis, Arkansas, on the 10th day
of July, 1967, by and on behalf of Ramada West, Inc., asking that
the Planning Commission of the City of West Memphis give its approval
to the abandonment, vacation, surrender and relinquishment of the
north ten (10) feet of the easement across the south thirty feet
of Lot 1-C of Block Four (4) of Wheeler Subdivision, more particulary
described as follows:
The north ten (10) feet, measured at right
angles to the north and south line of said
easement, of the south thirty (30) feet of
Lot 1-C, according to a plat of a Subdivision
of Lot One (1), Block Four (4), Replat of
Wheeler Subdivision, CitycF West Memphis,
Arkansas, which is recorded in Plat Book 2
at page 156 and which plat is a replat of Lot
One (1) , Block Four (4) of the Replat of the
Wheeler Subdivision to the City of West Memphis,
Arkansas, of record in Plat Book 2 at pages 113
and 114, all according to the records of Crittenden
County, Arkansas;
and,
WHEREAS, a hearing was set upon the said petition byti~e
West Memphis Planning Commission for the 2nd day of August, 1967,
and notice of such hearing was given by publication of such notice
in the Evening Times, a daily newspaper published in the City of
West Memphis, Arkansas, and having a bona fide circulation therein,
calling upon all persons having an interest in the matter or who
wished to object to the change in width of the easement and the
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release and abandonment of the north ten (10) feet of such
easement to the owners of Lot 1-C to appear on such date to
make known their objections, if any= and,
WHEREAS, the West Memphis Planning Commission met on
the date and at the time and place set forth in said notice and
no person appeared to offer objection to the proposed change in
width of the easement and release and abandonment of the north
ten (10) feet thereof to the owners of Lot 1-C and the Planning
Commission adopted a resolution approving the abandonment of that
portion of the easement as herein above described and caused a
copy of such resolution to be delivered to and filed with the
City Council of the City of Wiest Memphis, Arkansas; and,
WHEREAS, the plat of the said Lot 1-C shows a thirty (30)
foot utility easement across the south end of the said Lot 1-C
which is in excess of the minimum requirements of subdivision
ordinances of the City of West Memphis, in that, where an alley
is located through a subdivision it is provided that such alley
shall be not less than twenty (20) feet in width and, where alleys
are not provided, such ordinances provide for easements of not less
than ten (10) feet in width at the rear of subdivision lots; and,
WHEREAS, the petitioner has requested the abandonment of
only the north ten (10) feet of said easement across lot 1-C and the
said ten (10) foot strip is not now used for any utility purpose, is
not necessary for proper or convenient placement of utilities and,
if abandoned, will leave a remaining easement across the south part
of Lot 1-C which will be sufficient for all utility purposes in the
foreseeable future and in excess of both easement and alley requirements
of subdivision regulations and ordinances of the City of West Memphis,
and, therefore, it is proper and appropriate that the width and extent
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of the said easement be altered and changed as the portion to be
vacated is not required for corporate purposes; and,
WHEREAS, the Council finds that the north ten (10) feet
of the easement hereinabove described can be vacated, abandoned,
surrendered and relinquished without material detriment to the City
of West Memphis, to existing or planned utility facilities or to
the public generally.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION ONE. The City of West Memphis, Arkansas, hereby
vacates, abaAdoAS and relinquishes all its rights, together with
the right of the public generally, in and to that portion of the
easement shown across the south thirty (30) feet of Lot 1-C ~~f'
Block Four (4} for the replat of Wheeler Subdivision to the City of
West Memphis, Arkansas, specifically described as follows:
The north ten (10) feet, measured at right
angles to the north and south line of said
easement, of the south thirty (30) feet of
Lot 1-C, according to a plat of a Subdivision
of Lot One ~(1} , Block Four (4) , Replat of
Wheeler Subdivision, City of West Memphis,
Arkansas, which is recorded in Plat Book 2
at page 156 and which plat is a replat of Lot
One (1) , Block Four ( 4} of the Replat of the
Wheeler Subdivision to the City~of West Memphis,
Arkansas, of record in Plat Book 2 at pages 113
and 114, all according to the records of Crittenden
County, Arkansas;
SECTION TWO. The City of West Memphis, Arkansas, hereby
alters and changes the width of the easement as shown by the plat
of Lot 1-C of Block Four (4) of Wheeler Subdivision as described in
Section One hereinabove so that the said easement shall have a width
of only twenty (20} feet across the south portion of the said Lot 1-C
of Block Four (4) of the replat of Wheeler Subdivision of the City of
West Memphis, Arkansas, and, if requested, specifically authorizes
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the Mayor and City Clerk of the City of West Memphis to execute
an instrument of release or relinquishment of all right, title,
and interest or claim of the City of West Memphis or the public
generally to Ramada Nest, Inc., a corporation, the owner of the
said Lot 1-C of Block Four (4) of such replat of Wheeler Subdivision
to the City of West Memphis, Arkansas.
SECTION THREE. A copy of the Ordinance duly certified by
the City Clerk may be filed in the office of the Circuit Court Clerk
and Ex-Officio Recorder within and for Crittenden County, Arkansas,
for recording therein in the Deed Records of said County if requested
by Ramada West, Inc., as evidence of the vacation of the north ten
(10) feet of the easement shown upon the recorded plat and as evidence
of the alteration and change of width of such easement.
SECTION FOUR. This Ordinance shall be in full force and
effect from its passage, approval and.tpublicatio/~n~~as required by law.
PASSED AND APPROVED this J~i~~ay,~~~August, 1967.
Vice- Mayor
ATTE '
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y Clerk