1731ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL PERMIT USE OF LOT 1
WALTER'S SUBDIVISION TO THE CITY OF WEST MEMPHIS,
ARKANSAS (S.W. CORNER AFCO ROAD AND HIGHWY 77 NORTH)
WHEREAS, application has been made to the City Planning Commission to allow a Special
Permitted Use of a 250 foot tall communication tower along with a prefabricated 4'-4" x 2'-4"
equipment cabinet, 2' x 2' protection cabinet, and back-up generator and fuel tank in a C-2 Open
Display Commercial District, as required by Ordinance 1258 as amended.
WHEREAS, after Notice had been published for the time and in the manner as provided by
Ordinance No. 1258, as amended, the matter was heard by the City Planning Commission and the
Planning Commission recommended that a Special Permit Use be granted to said property to permit
the 250 foot tall communication tower along with a prefabricated 4'-4" x 2'-4" equipment cabinet,
2' x 2' protection cabinet, back-up generator and fuel tank in a C-2 Open Display Commercial
District subject to the special conditions as follows:
1. A letter of approval for this site from the Federal Aviation Administration
must be submitted before a building permit can be issued.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION I: That the following described property, to wit: Southwest corner of
Afco Road and Highway 77 North being more particularly described as follows:
LEGAL DESCRIPTION
Lot 1, Final Plat of Walter's Subdivision of record in Plat Book 4, Page 56, Circuit Court
Clerk's Office, Crittenden County, Arkansas, being part of the northeast quarter (NE 1/4) of
the northeast quarter (NE 1/4) of Section 1, Township 6 orth, Range 8 East, West Memphis,
Crittenden County, Arkansas, being part of same property described and recorded in Book
677, Page 489, at the Circuit Court Clerk's Office of Crittenden County, Arkansas, and being
more particularly described as follows:
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Commencing at the northeast corner of above said Section 1, Township 6 North, Range 8 East,
Crittenden County, Arkansas (as established by the Arkansas State Highway and Transportation
Department in Deed Book 779, page 706); thence South 89° 49' S5" West along the north line of
said Section 1 a distance of 444.85 feet to its intersection with the easterly right-of--way line of the
Burlington-Northern (Frisco) Railroad cutoff; thence South 10° 38' S1" East - 321.31 feet to the
TRUE POINT OF BEGINNING; thence North 88° 58' 22" East - 100.00 feet; thence North 10° 38'
51" West - 100.00 feet to a point on the south line of the Lloyd Martin property (Book 691 -Page
679); thence North 88 ° 58' 22" East along the south line of said Martin property 82.66 feet to the
southeast corner of same (found iron pipe); thence North OS ° 09' 49" West along the east line of said
Martin property 185.58 feet to the south line of the Afco Road easement (being 30.00 feet south of
and parallel to the above said north line of Section 1); thence North 89 ° 49' S 5" East along said south
line of the Afco Road easement 179.40 feet to the westerly line of Arkansas State Highway No. 77
north as widened; thence South O1 ° 30' S7" East along said westerly line 42.56 feet to an angle point;
thence South 04° 29' 14" east (continuing along said westerly line) 192.27 feet to an angle point (40
feet to centerline of highway); thence South 00° 32' 11" West (continuing along said westerly line)
326.40 feet to a point; thence North 89° 45' S 1" West (leaving said westerly line) 288.73 feet to a
point on the said easterly railroad right-of--way line; thence North 10° 38' S1" West along said right-
of-way line 277.29 feet to the point of beginning containing 144,369 square feet or 3.314 acres more
or less.
and the same hereby is granted a Special Permit Use permitting the usage of a 250 foot tall
communication tower along with a prefabricated 4'-4" x 2'-4" equipment cabinet, 2' x 2' protection
cabinet, and back-up generator and fuel tank with the special conditions as follows:
A letter of approval for this site from the Federal Aviation Administration
must be submitted before a building permit can be issued.
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Page Three
SECTION II: That all Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
ADOPTED THIS ~ ~,~ day of ____ 1996.
~ ~~~
MAYOR
SPONSOR
RECEIVED
CITY CLERK OFFICE
DATE ~~ '~ 3~~''`~"'.
tern- ~