Loading...
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 -2- 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 ,~ -3- 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 -4- 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 ' -'~~/ / y Clerk