1531t
ORDINANCE NO.J 31
AN ORDINANCE APPROVING THE SALE OF CERTAIN REAL
PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
NECESSARY DOCUMENTS TO COMPLETE THE SALE, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas State Highway Commission has
offered to purchase certain real property along the right-
of-way of Highway 70; and
WHEREAS, Arkansas law requires that the transfer of
real property by a municipality be approved by ordinance of
the City Council; and
WHEREAS, the West Memphis City Council finds that the
transfer of the real property as set out in the Special
Warranty Deed attached hereto as Exhibit "A" should be
approved and the Mayor and the City Clerk should be
authorized to execute the necessary documents to complete
this sale;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT:
1. The sale of the real property set out in Exhibit "A"
hereto is hereby approved andthe Mayor and the City Clerk
are hereby authorized to execute the necessary documents on
behalf of the City of West Memphis to complete this
transfer.
2. EMERGENCY CLAUSE. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is an urgent need by the City of West
~`
Memphis to transfer the real property described in Exhibit
"A" for the development of Highway 70 and that time is of
the essence, an emergency is hereby declared to exist, and
this Ordinance being necessary for the preservation of the
public peace, health, safety and welfare of the citizens of
West Memphis, Arkansas, shall be in full force and effect
from and after the date of its passage and approval.
PASSED AND APPROVED this d~J1 day of ~ ~ 1992.
KE H M. INGRAM, ay
ATTEST:
DAN CRAFT, C e
SPONSORED BY:
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GXH~gt"c" "A"
Job No. 11934
Tract No. 2 & 6
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT we, The City of West Memphis for and in
consideration of the sum of TWO THOUSAND FIVE HUNDRED AND
NO/100 dollars ($2,500.00), and other. .good and valuable
consideration, cash in hand paid by the Arkansas State
Highway Commission, the receipt of which is hereby-
acknowledged, do hereby ,grant, bargain, sell and convey
unto the Arkansas State Highway Commission and unto its
successors and assigns forever the following lands,
inr,luding such minerals therein and thereunder, as oil,
gas, distillate, condensate, salt water and its component
parts, and all other hydrocarbons, lying and being situated
in the County of Crittenden, State of Arkansas, to-wit:
Tract 2
Part of the North Half of the Northwest Quarter of Section
15, Township 6 North, Range 8 East, Crittenden County,
Arkansas, more particularly described as follows:
~/ Starting at the Southwest corner of the Northwest Quarter
of the Northwest Quarter of Section 15; thence North 00
44' 42" East along the West line thereof a distance of
1,273.29 feet to a point on the existing Southerly right of
way lime of U.S. Highway 70; thence South 89° 10' 54" East
along said existing right of way line a distance of 132.94
feet to a point; thence Sotrth 89° 26' 35" East along said
existing right of way Line a distance of 458.57 feet to a
point for the point of beginning; thence continue South 89`'
26' 35" East along said existing right of way line a
distance of 741.92 feet to a point; thence North 00'' 33'
25" East, along said existing right of way line a distance
of 5.00 feet to a point; thence South 89° 26' 35" East
along said existing right of way line a distance of 199.63
feet to a point on the proposed Southerly right of way line
of said U.S. Highway- 70; thence South 00'' 33' 25" West
alon5 said proposed right of way line a distance of 10.00
feet t.o a point; thence South 89' 07' 30" West along said
proposed right of way line a distance of 200.06 feet to a
point; thence South 87~' 41' 40" West along said proposed
right, of wa,J ]_ine a distance of 400.50 feet to a point;
thence North 88' 00' 40" West along said proposed right of
way line a distance of 200.06 feet to a point; thence North
88'' 29' 18" West along said proposed right of way line a
distance 139.68 feet to a point on +~A Centerline of 15
{ Mile Bayou; thence North 04~ 12' 39" Test along said
Centerline a distance of 22.75 feet to the point of
beginning and containing 0.44 acre more or less or 19,349
square feet more or less.
Tract; 6
Part of Lots 6 &. 7, J.C. Rainer Subdivision, being part of
the Southwest Quarter of the Southwest Quarter of Section
10, Township 6 North, Range 8 East, Crittenden County,
Arkansas, more particularly described as follows:
Starting at the Northwest corner of Lot 6, J.C. Rainer
Subdivision; thence South 00~` 44' 42" West along the West
line thereof a distance 2,537.81 feet to a point on the
proposed Northerly right of wayr line of U.S. Highway 70 for
the point of beginning; thence South 86` 00' 34" East along
said proposed right of way line a distance of 308.13 feet
to a point on the existing Northerly right of way line of
said U.S. Highway 70; thence North 89° 26' 35" West along
said existing right of way line a distance of 307.64 feet
to a point on the West line of Lot 6, J.C. Rainer
Subdivision; thence North 00'' 44' 42" East along said West
line a distance 18.45 feet to the point of beginning and
containing 0.07 acre more or less or 2,839 square feet mare
or lE:ss.
TO HAVE A,'VrD TO HOLD the same unto the said Arkansas
State Highway- Commission and unto its successors and
assigns foreti-er.
And t}ie City of West Memphis hereby- convenants with the
said Arkansas State Highway Commission that the City- of
West Memphis will forever warrant and defend the title to
said lands and property against the lawful claims and
encumbrances done or suffered by or through it, but against
none other.
IN WITNESS WHEREOF, the City of West Memphis, Arkansas
as authorized by Ordinance No. 1531 adopted on
May 21, __ 19 92 , has caused these presents to be
signed by its Mayor, attested by its City Clerk and its
corporated seal affixed, nn this 21st day of
r~,y 1 g 92
Mayor
ATTEST:
City- Clerk
A C K N O W L E D G M E N T
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STATE OF )
SS
COUNTY OF )
On this 2~n.,, day of ~~, , 19~, before me, a
Notary Public, duly commissioned, qualified and acting, within
and for said County and State, appeared the within name
Keith NI. Ingram and Dan Craft , and
being the Mayor and City Clerk, respectively, of the City of West
Memphis, Arkansas, a Municipal Corporation, and who had been
designated by said corporation to execute the above instrument,
to me well personally known, who stated that they were the Mayor
and the City Clerk of said City of West Memphis, Arkansas, a
Municipal Corporation, and were duly authorized in their respec-
tive capacities to execute the foregoing instrument for and in
the name and on the behalf of said Municipal Corporation, and
further stated and acknowledged that they had so signed, executed
and delivered said foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this 22nd day of R~av 19 a~ .
NOTARY PUBLIC
My Commission Expires:
.~e~temL~er 4 , l q 9