1216RESOLUTION NO. 121(0
WHEREAS there has been filed with the City Council of
the City of West Memphis, Arkansas, by James R. Haygood as
petitioner a petition to vacate the East three (3) feet of
the utility easement described as the West ten (10) feet of
Lot Thirteen (13) of the Walker Estate, said land being in
the Southeast Quarter of the Southwest Quarter of Section
Nine (9) T-6-N, R-9-E, as shown by plat of record in Plat
Book 2, Page 246 of the records of Crittenden County,
Arkansas, and said petitioner prays that the City Council
fix a day for the hearing on said petition;
NOW, THEREFORE,
BE IT RESOLVED:
That said petition to vacate the above-described
portion of the aforementioned utility easement in West
Memphis, Arkansas, be set down for hearing on the 21st day
of .t ,n , 1990, at 1:30 p.m. at the City Council
Chambers in the City of West Memphis, Arkansas, and that
the City Clerk give notice as required by law of the
hearing to be held.
DATED this 7th day of June 1990.
1
NOTICE
NOTICE is hereby given that a petition has been filed
with the City Council of the City of West Memphis,
Arkansas, by James R. Haygood petitioning the said Council
to vacate the following-described portion of a utility
easement running through his property:
The East three (3) feet of the utility easement
described as the West ten (10) feet of Lot Thirteen
(13) of the Walker Estate, said land being in the
Southeast Quarter of the Southwest Quarter of Section
Nine (9) T-6-N, R-9-E, as shown by plat of record in
Plat Book 2, Page 246 of the records of Crittenden
County, Arkansas.
All persons are hereby notified and advised that the
City Council of the City of West Memphis, Arkansas, will .~
hear said petition and determine whether the portion of the
easement hereinabove specifically described shall be
vacated at a meeting of said Council to be held on the
~.~a~ day of , 1990, at 1:30 p.m.
DATED thi s '1-tu., day of 1990.
DEPUTY C I T Y C L E R K ~
PETITION TO VACATE EASEMENT
Comes the undersigned petitioner, James R. Haygood,
being the owner by virtue of a Warranty Deed from Tom
Gibson Ford, dated the 1st of May, 1990, and recorded at
Book 756 page 458 in the office of the County Recorder of
Crittenden County, Arkansas, of Lot Thirteen (13) of the
Walker Estate Subdivision, as shown by plat of record in
Plat Book 2, Page 246 of the records of Crittenden County,
Arkansas, and petitioning the City Council of the City of
West Memphis, Arkansas, states as follows:
Petitioner is the owner of the above-described lot,
through which runs a 10-foot utility easement, granted by
Deed of Easement by J.R. Walker on April 3, 1964 and filed
for record at Book 372 Page 25 of the Records of Crittenden
County, Arkansas. A copy of this deed is attached hereto
as Exhibit "A".
The portion of the utility easement to be vacated is
the East three (3) feet of the said easement, more
specifically described as the East three (3) feet of the
West ten (10) feet of Lot thirteen (13) the Walker Estate,
said land being in the Southeast Quarter of the Southwest
Quarter of Section Nine (9) T-N, R-9-E, as shown by plat of
record in Plat Book 2, Page 246 of the records of
Crittenden County, Arkansas. Said portion of the easement
has never been used for any purpose by any utility.
Attached hereto as Exhibit "B" is a copy of the plat
filed for record in the office of the Recorder of
Crittenden County,Arkansas, and recorded at Plat Book 2,
Page 246, which shows the portion of the easement to be
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' vacated together with the lands servient to such easement.
WHEREFORE, petitioner prays that the City Council of
the City of West Memphis, Arkansas, at its next regular or
special meeting, fix a day for the hearing of this petition
and direct the City Clerk to give notice of such hearing as
required by law and that upon the final hearing that the
East three (3) feet of the utility easement aforesaid be
vacated and all rights of the City of West Memphis and of
the public generally be released, vacated and abandoned.
RESPECTFULLY SUBMITTED this ~ day of May, 1990.
James R. Haygood, Petitioner
Sloan, Rubens & Peeples
Attorneys for the Petitioner
By.
Ralph W Sloan (#48031)
P.O. Box 768
West Memphis, AR 72303
(501) 735-5500
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This is to certify that I have surveyed Lot 13, less and except the East 10' of the
North 43.86' of Lot 13, and a fractional part of Lot 11 described as beginning
at the S.W. corner of Lot 13, thence in a westerly direction along a line parallel
to the North right-of-way line of U.S. Highway 70 a distance of 112.8', thence
in a northerly direction along a line parallel to the West line of Lot 13 a distance
of 150', thence in an easterly direction along a line parallel to the South line of
Lot 13 a distance of 112.8', thence along the West line of Lot 13 a distance of
150' to the point of beginning; as shown by plat, Replat of Lots 11, 12, and 13,
Walker Estate Subdivision, as recorded in Plat Book 2, Page 246, in the office
of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County,
Arkansas. There is a 5' and lU' utility easement on this property and there are
no encroachments. This property is shown to be in the 100 year flood hazard
area as per the City of West Memphis Rate Insurance 1~1ap #050055 0007B dated
July 16, 1980.
April 17, 1990
~GJSTEgF Bond Consulting Engineers, Inc.
Q`•.••"'•••~. ~ West 141emphis, Arkansas
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