1131f ~
RESOLUTION 14 3
WHEREAS, by a certain Deed of Easement dated June 22, 1977,
and filed of record in Book 552 at Page 330 in the office of the
Circuit Clerk and Ex-officio Recorder of Crittenden County,
Arkansas, a copy being attached hereto, the City of West Memphis
was granted a perpetual easement and right-of-way 80 feet in
width for the purpose of constructing a street or road or an
extension of Rich Road south of U.S. Highway #70, said easement
being described as follows:
Commencing at the point of intersection of the centerlines
of U. S. Highway No. 70 and Rice Street as shown by plat,
Rice Street, recorded in Plat Book 2, Pages 584 & 585, in
the office of the Circuit Court Clerk and Ex-officio
Recorder of Crittenden County, Arkansas, thence South 87
degrees 37 minutes West along the centerline of U. S.
Highway 70 a distance of 773.64 feet, thence South 00
degrees 27 minutes East a distance of 60.0 feet to the South
right-of-way line of U. S. Highway No. 70, said point being
the point of beginning of an 80-foot utility easement,
thence continue South 00 degrees 27 minutes East a distance
of 183.71 feet, thence along a curve that breaks to the
right with a radius of 856.11 feet an arc length of 149.62
feet, thence South 09 degrees 33 minutes 48 seconds West a
distance of 640.70 feet, thence along a curve that breaks to
the right with a radius of 545.85 feet an arc length of
342.36 feet, thence South 45 degrees 30 minutes West a
distance of 33.42 feet, thence along a curve that breaks to
the left with a radius of 417.33 feet an arc length of
331.41 feet, thence South a distance of 215.96 feet, said
described line being the centerline of an 80-foot utility
easement lying in the NWT of Section 13, and the NEB of
Section 14, T-6-N, R-8-E, Crittenden County, Arkansas, less
and except the following described tract; Commencing at the
point of intersection of the centerlines of U. S. Highway
No. 70 and Rice Street as shown by the above referenced
plat, thence South 87 degrees 37 minutes West a distance of
773.64 feet, thence South 00 degrees 27 minutes East a
distance of 243.71 feet, thence South 89 degrees 33 minutes
West a distance of 40 feet to the point of beginning, thence
South 00 degrees 27 minutes East a distance of 344.72 feet,
thence South 87 degrees 37 minutes West a distance of 48.56
feet, thence North 09 degrees 33 minutes 48 seconds East a
distance of 207.62 feet, thence along a curve that breaks to
the left with a radius of 816.11 feet, an arc length of
142.63 feet to the point of beginning.
WHEREAS, the City Council of West Memphis, in January, 1987,
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adopted a new Transportation Plan, by and through its
Comprehensive Plan, whereby the proposed Rich Road alignment
south of U.S. Highway #70 has been moved to the west from the
above-described easement, and
WHEREAS, because of said realignment, it has become
impracticable for the said City to use the said easement for
public purposes, excepting the eastern most fifteen feet (15') of
said easement for the purpose of a four inch (4") force main, and
RECEIVED
C,17Y CLERK O~r'!CE
c1~ f5'~ ~ S a•.r.!
WHEREAS, under the provisions of Ark. Stat. Ann. § 19-2304
(Rep1.1980), if it be impracticable for the city to use public
lands for the purpose for which they were acquired, the same may
be disposed of by order of the city council, and
WHEREAS, since it appears to be impracticable for the city
to use the lands first hereinabove described for the purpose for
which acquired, excepting the 15' sanitary sewer easement, it
would seem proper and appropriate that the City Council resolve
to vacate said easement, excepting a 15' sanitary sewer easement,
by authorizing the Mayor to execute a deed for the release
thereof to the Bank of West Memphis, the present owner of the
underlying fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. With the adoption of the Transportation Plan of the
City of West Memphis in January 1987, the proposed alignment of
Rich Road south of U.S. Highway #70 has been moved to the west,
and, therefore, it would serve no public purpose for the City to
maintain an 80' easement as first hereinabove described.
2. However, because of future residential development
south of U.S. Highway #70, the City does have need to maintain a
15' sanitary sewer easement along the easternmost edge of said
described property.
3. Because it would be impracticable for the City to
maintain and use the full 80' easement, and under the authority
of Ark. Stat. Ann. § 19-2304 (Rep1.1980), the Mayor of the City
of West Memphis is hereby authorized to execute a release to the
Bank of West Memphis of said easement, excepting the easternmost
15' thereof.
ADOPTED THIS ~~ DAY OF ~E~, 1987.
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470
DEED OF EASE~tilEI4T
..~~
K1~9 ALL MEN BY THESE PRESENTS
That we, James C. Rainer, III, and Lawrence Rainer, his wife,
Nell Rainer Levy and Gwyn Rainer Foote, for and in consideration
of the sum of_ONE AND NO/100 ($1.00), the receipt of which is
hereby acknowledged, and the benefits to be received by the property
do hereby grant, bargain and convey unto the City of West Memphis,
Arkansas a perpetual easement and right-of -way 80 feet in width for
the purpose of constructing a street or road or an extension of Rich
Road in the City of West Memphis, Arkansas, through, over and across or
upon the following lands in 'Test !`lemphis and for the purpose of
constructing, maintaining, operating, replacing or removing streets
and utilities according to plans and specifications in the office of
the Engineering Department of the West t4emphis Utility Department, under
and along that certain strip of land in Crittenden County, Arkansas,
more particularly described as follows:
Commencing at the point of intersection of the centerlines
'_ of U. S. Highway No. 70 and Rice Street as shown by plat,
Rica Street, recorded in Plat Book 2, Pages 584 6 585, in
the office of the Circuit Court Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas, thence South 87 degrees
37 minutes West along the centerline of U. S. }lig}sway 70 a
distance of 773.64 feet, thence South 00 degrees 27 minutes
East a distance of 60.0 feet to t}ie South right-of-way line
of U. S. Highway No. 70, said point being the point of
beginning of an 80-foot utility casement, thence continue
South 00 degrees 27 minutes East a distance of 183.71 feet,
thence along a curve that breaks to the right with a radius
of 856.11 feet an arc length of 149.62 feet, thence South
09 degrees 33 minutes 48 seconds West a distance of 640.70
feet, thence along a curve that breaks to the right with a ,'
radius of 545.85 feet an arc length of 342.36 feet, t}ience
South~45 degrees 30 minutes (Vest a distanco of 33.42 feet,
~ thence along a curve that breaks to the left with a radius
of 417.33 feet an arc length of 331.41 feet, thence South a
distance of 215.96 feet, said described line being tl~e center-
line of an 80-foot utility easement lying in the NW'-.t of
Section 13, and the NEB of Section 14, T-6-N, R-8-E, Crittenden
County, Arkansas, less and except the following described
tract; Commencing at the point of intersection of tliu center-
lines of U. S. Highway No. 70 and Rice Street as shativn by the
above referenced plat, thence South 87 degrees 37 minutes
West a distance of 773.64 feet, thence South 00 degrees 27 minutes
~~
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aQp~ 552 -~~33Z
East a distance of 243.71 feet, thence South 89 degrees
33 minutes West a distance of 40 feet to the point of
beginning, thence South 00 degrees 27 minutes East a
distance of 344.72 feet, thence South 87 degrees 37 minutes
West a distance of 48.56 feet, thence North 09 degrees
33 minutes 48 seconds East a distance of 207.62 feet,
thence along a curve that breaks to the left with a radius
of 816.11 feet, an arc length of 142.63 feet to the point
of beginning.
TO HAVE AND TO HOLD the above mentioned and described permanent
easement and right of way unto the said City of West Memphis, Crittenden
County, Arkans~, forever, with all appurtenances thereunto belonging.
And, for the consideration hereinabove expressed, the Grantors do
hereby waive and release the said City of West Memphis from any and all
liability for damages which may be sustained to the property owned by
the Grantors by reason of the construction of the above mentioned
utilities.
This easement shall remain in full force and effect as long as the
Grantee shall use said easement for said purposes and, if not so used,
this easement shall immediately revert to the Grantors herein, their
heirs and assigns.
AND I, Lawrence Rainer, wife of the said James C. Rainer III, fox
the consideration hereinabove expressed, do hereby release and relinquish
unto the City of West Memphis, Arkansas, all my right of dower and home-
,
stead in the right of way herein conveyed.
IN WIT--NESS WHEREOF, we have hereunto set our hands, and seals on this
~~~lS[.~....-. day of _, 1977.
G ~ ',~' ~
Nell Rainer Levy
~ ~~~
G Ra' er Foote
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BE IT REMEMBERED that on this day came before me, the undersigned
Notary Public within and for the Coutny and State aforesaid, duly
commissioned and acting, Nell Rainer Levy, to me well known as the
Grantor in the foregoing Deed of Easement, and stated that she had
executed the same for the consideration and purposes therein mentioned
and set forthc
WITNESS my hand and seal as such Notary Public on this ,,~a-°'Qday
of 1977.
v"' ~ Nota y Pu lic
552 PAS 332
STATE OF TENNESSEE
COUNTY OF SHELBY
My Commission Expires:
My Cemmissicn Expires Nai. 15, 1°:.0
-O,
STATE OF TENNESSEE
COUNTY OF SHELBY
BE IT REMEMBERED that on this day came before me, the undersigned
w
1~'~`
Notary Public within and for the County and State aforesaid, duly
commissioned and acting, Gwyn Rainer Foote, to me well known as the
Grantor in the foregoing Deed of Easement, and stated that she had
executed the same for the consideration and purposes therein mentioned
and set forth.
WITNESS my hand and seal as such Notary Public this~'~`~ day of
~~~ , 1977. ,
otary Pu 1 c
My Commission Expires:
My Commission Expires Nov. 15, 1950
APPROVED AS TO FORM:
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City Attorney
., .:
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.,
ACIdVOWLEDGEr1ENT
STATE OF TENNESSEE
COUNTY OF SHELBY
On this day came before me, the undersigned, a Notary Public
within and for the County and State aforesaid, duly commissioned
and acting, James C. Rainer III, and Lawrence Rainer, His Wife,
to me well known. as the Grantors in the foregoing deed, and stated
~- that they had executed the same for the consideration and purposes
herein mentioned and set forth.
And on the same day also voluntarily appeared before me, the
said Lawrence Rainer, wife of the said James C. Rainer III, to me well
known and in the absence of her said husband declared that she had,
of her own free will, executed said deed and signed and sealed the
relinquishment of dower and'homestead in the said deed, for the considera-
tion and purposes therein contained and set forth without compulsion or
undue influence of her said husband.
1y~~~/.~'C~P.~c~
Not ry u lic
frly Commission Expires:
My Commission Expires Nov. 15, 1980
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State of Arkansas, Countp of rittendeA ~....
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Filed fog ip~~:: •' th~~ay of ,~,)•~ t9~7 ~.,~
u'ccc.;_ V~~:.;i rccoruEd In Cook S Page ~.,~,
f~~~,~~Y ~. BE~ETT, Circuit Berk ~
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WEST MEMPHIS UTILITY COMMISSION
P.O. Box 1868 604 East Cooper
(501) 735-3355
West Memphis, Arkansas 72301
MEMO
T0: Mayor Keith Ingram
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Bill J ~
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FROP~1: n
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DATE: December 3, 1987
RE: Development adjacent to Luthern Church
Attorney Pal Rainey
This is to advise that the best Memphis Utility agrees to the
relocation of the existing sewer line if the following conditions
are met.
1) All relocation is at the owners expense.
2) Easements for this relocation are granted.
3) Line will be moved no more than 50 feet east or west.
An Equal Opportunity Employer