593
ORDINANCE NO . ~~~ .3
AN ORDINANCE TO ABANDON, VACATE AND
SURRENDER THE INTEREST OF THE CITY
IN A STRIP OF LAND ACQUIRED AS A
RIGHT OF WAY OVER, UPON AND ACROSS
A PART OF LOT 2 OF WALKER ESTATE
SUBDIVISION, CITY OF WEST MEMPHIS,
ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, the City of West Memphis in 1961 undertook
to obtain rights of way from landowners for a proposed extension
of Thompson Avenue but it was economically feasible to accomplish
this proposed project only if all right of way required and which
had not previously been dedicated for such street could be obtained
without cost or expense to the City; and
WHEREAS, the City was unwilling to undertake the proposed
extension unless and until all required right of way was obtained;
and
WHEREAS, certain landowners offered to donate the necessary
right of way for the street extension over and across their property,
but made it a condition of their offer that commitments or grants be
first obtained from each and every other owner of lands within the
proposed extension; and
WHEREAS, a portion of the right of way required for the
proposed extension was held in trust by Union Planters National Bank
of Memphis, as Trustee for Vive Walker Montgomery and the Trustee
deemed it improper and outside of its legal authority as Trustee to
make a donation of the required right of way, but agreed to sell the
proposed right of way across the south side of its lands described
as Litt 2 of Walker Estate Subdivision, as shown by plat recorded in
Plat Book 2 at page 201 of the records of Crittenden County, Arkansas,
(more specifically described below) for payment of the sum of One
Thousand Dollars; and
WHEREAS, Ellis Poole donated to the City the amount required
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to pay Union Planters National Bank of Memphis as Trustee for Vive
Walker Montgomery for the right of way across its property and the
City used the money given by Ellis Poole to obtain its conveyance
dated June 14, 1961, which is now recorded in Deed Record Book 340
at page 412 of the records in the office of the Recorder of Crittenden
County, Arkansas, which is entitled "Right of Way Deed" as it was
int~aded to be, but which by form and content is an absolute con-
veyance of title to the strip of land described; and
WHEREAS, the proposed extension of Thompson Avenue was
abandoned because several owners of land would not grant required
rights of way to the City and, thus it could not meet the conditions
under which some owners had agreed to donate rights of way; and
WHEREAS, all of Lot 2 of Walker Estate Subdivision, as
shown by plat dated April 1961 and recorded in Plat Book 2 at page
201 of the records of Crittenden County was subsequently sold by
Union Planters National Bank of Memphis, Trustee for Vive Walker
Montgomery to Ellis Poole and, the title and interest of the grantor
in the conveyance included the strip of lands described in the
"Right of Way Deed" to the City and such property was later conveyed
to and is now owned by Poole Trailer Sales, Inc. a corporation in
which Ellis Poole is the principal stockholder; and
WHEREAS, the City Council of the City of West Memphis finds
and determines that interest in the land acquired from Union Planters
National Bank of Memphis, Trustee, by the conveyance recorded in Deed
Record Book 340 at page 412 of the records of Crittenden County,
Arkansas, described as follows, to-wit:
Commencing at the intersection of the west line
of Section Nine (9), Township Six (6) North,
Range Nine (9) East, and the north right of way
line of U.S. Highway Seventy (70), thence north
four hundred (400) feet; thence east seven
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hundred ninety-five and three-tenths (795.30)
feet to the point of beginning; thence con-
tinuing east in a straight line five hundred
seventy-two and seven-tenths (572.7) feet to
a point on the west line of O.K. Street three
hundred fifty-six and three-tenths (356.3) feet
north of the north right of way line of U. S.
.. Highway Seventy (70); thence North along the
west line of O.K. Street a distance of fifty
(50) feet; thence west a distance of five
hundred seventy-two and seven-tenths (572.7)
feet; thence south a distance of fifty (50)
feet to the point of beginning.
was only intended to be a right of way over, upon and across the
strip of lands even though the form and content of the deed may
indicate a greater interest, the same has never been platted,
dedicated or used by the City ox the public for the intended purpose
nor any other public purpose and the object and purpose for which
the interest in those lands was obtained through the donation of
funds by Ellis Poole having become impracticable, it is proper and
appropriate that the said interest of the City in and to the said
lands be vacated and surrendered and returned to the owner of the
lands upon which it is located. NOW, THEREFORE,
BE IT ORDAINED By the City Council of the City of West
Memphis;
Section 1. That the interest of the City acquired under
and by virtue of the conveyance entitled "Right of Way Deed" recorded
in Deed Record Book 340 at page 412 of the records of Crittenden
County, Arkansas, was only intended as and has never been considered
to be any interest except a right of way over, upon and across the
lands described in such deed;
Section 2. That the object and purpose for which the
interest was acquired has become impracticable and any right of way
and all other interest of the City in and to the lands obtained under
the conveyance referred to in Section 1. above is hereby vacated and
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abandoned and the same is surrendered in favor of the owner of
the lands upon which it is located.
Section 3. That the Mayor and Clerk of the City of
West Memphis are authorized to execute, acknowledge and deliver
a conveyance in the name of the City as evidence of the vacation,
abandonment and surrender of the right of way of the City and of
its release of any and all other claims under and by virtue of
said "Right of Way Deed".
Section 4. The title of the present owner and of its
predecessors to the lands over and upon which the City received
the right of way has been unduly burdened and adversely affected
for several years by reason of the conveyance to the City obtained
by the efforts and financial assistance of those parties even
though the proposed project was abandoned many years ago and,
therefore, an emergency is found and declared to exist and this
ordinance shall be in full force and effect immediately upon its
passage and appro-val.
This -s~-,~,~,~ day of 1969.
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APPROVED: /
Mayor
ATTEST • ~'
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City C~