1542
RESOLUTION NO. ~stla
A RESOLUTION APPROVING A SETTLEMENT IN THE CASE OF
ARKANSAS STATE HIGHWAY COMMISSION VS. CITY OF WEST
MEMPHIS AND LYNDONVILLE SAVINGS BANK AND TRUST
COMPANY AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas State Highway Commission has filed a condemnation action in
the Circuit Court of Crittenden County, Arkansas, styled Arkansas State Highway Commission
vs. City of West Memphis and Lyndonville Savings Bank and Trust Company, Case No. CIV-94-
190, seeking to acquire approximately 0.41 acres and a temporary construction easement of 0.10
acres, all located adjacent to Arkansas State Highway 77 (Missouri Street) at Worthington Park;
and
WHEREAS, the property sought to be acquired by the Arkansas State Highway
Commission is subject to certain deed restrictions as reflected in Warranty Deed 2652 filed for
record in Book 167, Page 129, in the Office of the Crittenden County Circuit Court Clerk and
Recorder; and
WHEREAS, Lyndonville Savings Bank and Trust Company has agreed to waive the deed
restrictions; and
WHEREAS, the Arkansas State Highway Commission has agreed to pay to the City of
West Memphis the sum of Five Hundred and No/100 ($500.00) as compensation for its interest in
the property to be acquired;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT the settlement of the action filed by the
Arkansas State Highway Commission as set out in the attached Consent Judgment is hereby
approved and the City Attorney is hereby authorized to execute the Consent Judgment on behalf
of the City of West Memphis.
ADOPTED this 16711 day of ~CTo8~1~ , 1997.
C~k d~a-
AL BOALS, MAYOR
IN THE CIRCUIT COURT OF CRITTENDEN COUNTY, ARKANSAS
't
ARKANSAS STATE HIGHWAY COMMISSION
VS.
NO. CIV 94-190
PLAINTIFF
CITY OF WEST MEMPHIS AND LYNDONVILLE
SAVINGS BANK AND TRUST COMPANY
DEFENDANTS
CONSENT JUDGMENT
On this day comes on for hearing the cause the Arkansas State Highway
Commission, plaintiff, vs. City of West Memphis and Lyndonville Savings Bank and Trust
Company, defendants, on the amount of compensation to be awarded said defendants for
the fee simple taking and temporary construction easement on the lands condemned herein
as Tracts 2 and 2E, Job No. 110169, said lands being located in Crittenden County,
Arkansas, and more particularly described as follows:
TRACT N0.2:
Part of the Southeast Quarter of the Northeast Quarter of Section 12,
Township 6 North, Range 8 East, Crittenden County, Arkansas, more
particularly described as follows:
Starting at the Southwest Corner of Lot 16, Block A of Lyndon
Subdivision; thence South 88° 51'36" West along the South line thereof a
distance of 200.07 feet to a point on the Westerly existing right of way line
of Arkansas State Highway 77; thence North 00° 11' 23" East along said
existing right of way line a distance of 74.78 feet to a point; thence North
00° 20' 32" East along said existing right of way line a distance of 137.27
feet to a point; thence North 89° 39' 28" West along said existing right of
way line a distance of 10.00 feet to a point; thence North 00° 20' 32" East
along said existing right of way line a distance of 144.28 feet more or less
to a point on the Centerline of Ten Mile Bayou for the point of beginning;
thence North 42° 46' 12" West along the Centerline of Ten Mile Bayou a
distance of 144.57 feet more or less to a point on the Westerly proposed
right of way line of Arkansas State Highway 77; thence North O1° OS' 24"
West along said proposed right of way line a distance of 68.11 feet to a
point; thence South 89° 39' 28" East along said proposed right of way line
a distance of 60.00 feet to a point; thence North 00° 20' 32" East along
said proposed right of way line a distance of 300.00 feet to a point; thence
North 06° 03' 10" East along said proposed right of way line a distance of
100.50 feet to a point; thence North 00° 20' 32" East along said proposed
right of way line a distance of 150.00 feet to a point; thence North 21° 00'
07" West along said proposed right of way line a distance of 27.47 feet to a
point on the Southerly existing right of way line of Worthington Drive;
thence North 86° 11' 39" East along said existing right of way line a
distance of 20.05 feet to a point on the Westerly existing right of way line
of Arkansas State Highway 77; thence South 00° 20' 32" West along said
existing right of way line a distance of 728.77 feet more or less to the point
of beginning and containing 0.41 acre more or less.
TRACT NO. 2E - A TEMPORARY CONSTRUCTION EASEMENT:
Part of the Southeast Quarter of the Northeast Quarter of Section 12,
Township 6 North, Range 8 West, Crittenden County, Arkansas, more
particularly described as follows:
Beginning at a point on the Westerly proposed right of way line of
Arkansas State Highway 77 said point being 120.00 feet left of and
perpendicular to Centerline Station 104+00.00; thence North 07° 47' 16"
West a distance of 70.71 feet to a point; thence South 89° 39' 28" East a
distance of 70.00 feet to a point on the Westerly proposed right of way line
of Arkansas State Highway 77; thence South 00° 20' 32" West along said
proposed right of way line a distance of 70.00 feet to a point; thence North
89° 39' 28" West along said proposed right of way line a distance of 60.00
feet to the point of beginning and containing 0.10 acre more or less.
The Defendant Lyndonville Savings Bank and Trust Company, a predecessor in
title to Defendant City of West Memphis, by entering into this consent judgment hereby
agrees that the just compensation awarded to defendants for the lands condemned herein
should be paid to Defendant City of West Memphis, and that by entering into this consent
judgment Lyndonville Savings Bank and Trust Company hereby waives the restriction
regarding the use of the property that is contained in Warranty Deed 2652 filed for record
in Book 167 Page 129 in the circuit clerk recorder's office of Crittenden County,
Arkansas.
The Court finds that Defendant, City of West Memphis is the owner of the land
condemned in this action, and as such is entitled to the amount of compensation awarded
herein.
Plaintiff and defendants have agreed that the sum of $500 constitutes just
compensation to defendants for the fee simple taking of Tract 2 and the imposition of the
temporary construction easement on Tract 2E.
The Court further finds that plaintiff deposited the sum of $500 in the registry of
this Court as estimated just compensation for the taking.
IT IS THEREFORE CONSIDERED ORDERED AND ADJUDGED that
defendants have and recover of and from plaintiff judgment in the amount of $500 as just
compensation for the fee simple taking of Tract 2 and for the imposition of a temporary
construction easement on Tract 2E; that plaintiff has heretofore deposited the sum of $500
in the registry of this Court as estimated just compensation to defendants herein; the Clerk
of this Court is hereby ordered and directed to disburse to Defendant City of West
Memphis, the sum of $500 in full satisfaction of this judgment.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant Lyndonville
Savings Bank and Trust Company has waived the restriction on the use of the property
that has been condemned herein, which restriction is found in Warranty Deed 2652, and
filed for record in Book 167, Page 129 in the circuit clerk recorder's office of Crittenden
County, Arkansas.
'+ ~ s
IT IS THEREFORE CONSIDERED ORDERED AND ADJUDGED that the fee
simple title to the lands described herein as Tract 2, is hereby, condemned and vested in
plaintiff and the temporary construction easement imposed on Tract 2E shall remain in
effect until construction is completed.
CIRCUIT JUDGE
DATE:
APPROVED:
David C. Peeples, Attorney for Defendant
City of West Memphis
Attorney for Defendant
Lyndonville Savings Bank and Trust Company
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Mana L. Schenetzke, Attorney for Plai " ff
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