Loading...
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[ ~~ FROM m~;,,b~e l Sfspi,R,r,~o~ 't `~`