1812
ORDINANCE NO. l$la,
AN ORDINANCE VACATING A PORTION OF A UTILITY
EASEMENT RUNNING THROUGH LOT 1 BLOCK 1 OF COUNTRY
CLUB GARDENS, WEST MEMPHIS, ARKANSAS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed with the City Council
of the City of West Memphis, Arkansas, on the 2nd day of
February, 1998, asking the City Council to vacate a portion of
a utility easement running through lot 1 block 1 of Country
Club Gardens in West Memphis, Arkansas, being the same
property as hereinafter more particularly described; and
WHEREAS, after due notices as required by law, the City
council has, at the time and place mentioned in the notice,
heard all persons desiring to be heard on the question and has
ascertained that a portion of the easement hereinafter
described is not currently being used by the public; that the
General Manager of the utility does not object to vacating the
portion of the easement hereinafter described; that petitioner
is the sole owner of the property abutting upon the easement
to be vacated; and that public interest and welfare will not
be adversely affected by the abandonment of the easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. The City of West Memphis hereby releases,
vacates and abandons all its rights, together with the rights
of the public generally, in and to a portion the easement
described as follows:
r
(a) The north five (5) feet of the 10-foot
utility easement that is adjacent to the south
property line of lot 1 in block 1 of Country Club
Gardens, West Memphis, Arkansas, as shown by plat of
record in Plat Book 2 at page 504, in the off~~:e of
the Circuit Court Clerk & Ex-Officio recorder of
Crittenden County, Arkansas with a physical address
of 301 Tournament Road.
Section 2. A copy of this ordinance duly certified by
the City Clerk shall be filed in the office of the Recorder of
Crittenden County, Arkansas, and recorded in the deed records
of the County.
Section 3. Emergency Clause: It is hereby found and
declared by the City Council of the City of West Memphis that
the property abutting said easement is in the process of
construction and this ordinance is necessary for the owner of
the property to be able to properly utilize such property, and
that the passage of this ordinance is in the interest of the
public health, peace, safety and welfare of the City of West
Memphis and the inhabitants thereof. Therefore, an emergency
is hereby declared to exist and this ordinance shall take
effect and be in force immediately from and after its passage.
PASSED this ~qT-+ day of ~EB~2vA~y 1998.
MAYOR
ATTEST:
C K RECEIVE[
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