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408ORDINANCE NO. AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY AND TO REPEAL ORDINANCES IN CONFLICT THEREWITH. ~. t WHEREAS, a petition has been filed with the Planning Commission of the City of West Memphis, Arkansas, by Ellis Poole and Ida Poole, Poole Trailer Sales, Inc. as successor to Poole Trailer Sales, a partnership consisting of E11is Poole and Marvin Poole, as the owners of the hereinafter described property and was held by the Commission on the 3rd day of May, 1961, as pro- vided by statute and the ordinances of the City of West Memphisf and WHEREAS, notice was duly published as required by law on the 5th day of May, 1961, that a hearing would be held by City Council of the City of West Memphis, Arkansas, at 3:00 P.M. on the first day of June 1961 for the purpose of taking action upon such petition and calling upon all interested parties to appear at such hearing to make known their objections, if any, in connec- tion with the petition for rezoning of lands hereinafter described: and WHEREAS, at the said meeting and by the petition pre- viously filed with the Council, it was requested that the follow- ing lands, to-wit: Tract No. 1 - Part of the Southwest Quarter (SW~) of Section Nine (9), Township Six (6) North, Range Nine (9) East, more particularly described as follows: Beginning at a point in the present North right of way line of U. S. Highway No. 70 1000 feet East of the point of intersection of said North line with the West line of Section Nine (9), Township Six (6) North, Range Nine (9) Bast; running thence eastwardly along said North right of way line of U. S. Highway No. 70 a distance of 200 feet to the East line of the property conveyed to Union Planters National Bank and Trust Co. as trustee, by Warranty Deed of record in Book 206, 2. page 201; thence northwardly with the East line of said property conveyed by said deed in said Book 206, page 201, a distance of 400 feet; thence west- wardly parallel with the North line of U. S. Highway No. 70 a distance of 200 feet; thence southwardly 400 feet to the point of beginning, being the East 200 feet of the property conveyed to Union Planters National Bank and Trust Co. by said Warranty Deed of record in said Book 206, page 201, and Tract No. 2 - Part of the Southwest Quarter (SW~) of Section Nine (9), Township Six North, Range Nine (9) Bast, more particularly described as follows: Be- ginning at a point in the present North right of way line of U. S. Highway no. 70 1000 feet east of the point of intersection of said North line with the West line of Section Nine (9}, Township Six (6) North, Range Nine (9) East; running thence northwardly parallel with the East line of the property conveyed to Union Planters National Bank and Trust Company, as Trustee, by Warranty Deed of record in Book 206, Page 201, a distance of 400 feet to the North line of said property conveyed by said deed in said Book 206, page 201; thence westwardly parallel with the North line of U. S. Highway No. 70 a distance of 100 feet; thence southwardly parallel with the East line of said property conveyed by said deed in said Book 206, page 201, 400 feet to the North right of way line of U. S. Highway No. 70; thence Bast- wardly along the North right of way line of U. S. High- way No. 70 100 feet to the point of beginning, being the West 100 feet of the East 300 feet of the property con- veyed to Union Planters National Bank and Trust Company, as Trustee, by said Warranty Deed of record in said Book 206, page 201, Tract No. 3 - Part of the Southwest Quarter (SW3~} of Sec- tion Nine (9), Township Six (6) North, Range Nine (9) East, more particularly described as follows: 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 No. 70, (Broadway, city of West Memphis) thence North 400 feet; thence East 1200 feet on a line parallel to the north right of way line of U. S. Highway No. 70 to the point of beginning; thence East 168 feet to the West line of O. K. Street; thence South along the West line of O. K. Street 356.3 feet to the North right of way line of U. S. Highway 70; thence West along the North right of way line 171.2 feet; thence North 377.1 feet to the point of beginning, con- taining 1.41 acres, 3. be zoned as Class "F" or Light Industrial District; and WHEREAS, no persons appeared to offer a protest against the rezoning of said lands as requested, the Council finds that the petition should be granted and said lands should be rezoned as requested, NOiW, THEREFORE, be it ordained by the City Council of the City of West Memphis, Arkansas: SECTION I - F. LIGHT INDUSTRIAL DISTRICT: That the following lands, to-wit: Tract No. 1 - Part of the Southwest Quarter (SW7,~ of Section Nine (9), Township Six (6) North, Range Nine (9} East, more particularly described as follows: Beginning at a point in the present North right of way line of U. S. Highway No. 70 1000 feet East of the point of intersection of said North line with the West line of Section Nine (9), Township Six (6) North, Range Nine(9)East; running thence eastwardly along said North right of way line of U. S. Highway No. 70 a distance of 200 feet to the East line of the property conveyed to Union Planters National Bank and Trust Co. as Trustee, by Warranty Deed of record in Book 206, page 201; thence northwardly with the East line of said property conveyed by said deed in said Book 206, page 201, a distance of 400 feet; thence westwardly parallel with the North line of U. S. Highway No. 70 a distance of 200 feet; thence southwardly 400 feet to the point of beginning, being the East 200 feet of the property conveyed to Union Planters National Bank and Trust Co. by said Warranty Deed of record in said Book 206, page 201, and Tract No. 2 - Part of the Southwest Quarter (SW's} of Section Nine (9), Township Six North, Range Nine (9) East, more particularly described as follows: Beginning at a point in the present North right of way line of U. S. Highway No. 70 1000 feet east of the point of intersection of said North line with the West line of Section Nine (9), Township Six (6) North, Range Nine (9) East; running thence northwardly parallel with the East line of the property conveyed to Union Planters National Bank and Trust Company, as Trustee, by Warranty Deed of record in Book 206, page 201, a distance of 400 feet to the North line of said property conveyed by said Deed in said Book 206, page 201; thence westwardly parallel with the North line of U. S. Highway No. 70 a distance of 100 feet; thence southwardly parallel with the East line of said property conveyed by said deed in said Book 206, page 201, 400 feet to the North right of way line 4. of U. S. Highway No. 70; thence Eastwardly along the North right of way line of U. S. Highway No. 70 100 feet to the point of beginning, being the West 100 feet of the East 300 feet of the property conveyed to Union Planters National Bank and Trust Company, as Trustee, by said Warranty Deed of record in said Book 206, page 201, Tract No. 3 - Part of the Southwest Quarter (SW's) of Section Nine (9}, Township Six (6) North, Range Nine (g} East, more particularly described as follows: Commencing at the intersection of the West line of Section Nine (g), Township Six (6) North, Range Nine (g) East, and the North right of way line Of U. S. Highway No. 70, (Broadway, city of West Memphis) thence North 400 feet; thence East 1200 feet on a line parallel to the North right of way line of U. S. Highway No. 70 to the point of beginning; thence East 168 feet .to the West line of O. K. Street; thence South along the West line of O. K. Street 356.3 feet to the North right of way line of U. S. Highway 70; thence West along the North right of way line 171.2 feet; thence North 377.1 feet to the point of beginning, containing 1.41 acres, now zoned as "D" Commercial, be, and the same are hereby rezoned as "F" Light Industrial District. SECTION II - ORDINANCES IN CONFLICT HEREWITH REPEALED: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section III - EMERGENCY: It is found by the Council that the present zoning of the above described property is not appropriate for the proper and orderly development of the City of West Memphis and, in order to maintain an orderly system of zoning of districts within the City of west Memphis and in keep- ing with a proper city plan for the orderly development of the city, it is necessary that rezoning of the above described pro- perty be immediately accomplished and, therefore, an emergency is found to exist and this ordinance shall bw in full force and effect from and after its passage, approval and publication as required by law. 5. SECTION IV - COPY OF ORDINANCE FILED FOR RECORD: A copy of this ordinance, when duly certified by the City Clerks shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. PASSED this 1st day of June, 1961. APPROVED: By: ~ ~^ Mayor ATTEST: %~ City Clerk