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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 - 2 - 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 - 3 - 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 - 4 - 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. ~~~ r~ APPROVED: / Mayor ATTEST • ~' Z.,.~~e> ~.~ ,~'}` City C~