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1422ORDINANCE N0. ~ ~ ~d~ r AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF A STREET IDENTIFIED AS 24TH STREET RUNNING NORTH AND SOUTH BETWEEN BLOCKS 2 AND 3 OF WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, by Dedication Deed dated. April 12, 1990, W & W Company, a copartnership, and Chandler G. Watkins and Dorothy S. Watkins, husband and wife, being the owners of certain lands in Wheeler Subdivision, dedicated to the public a strip of land 60 feet wide running between blocks 2 and 3 of the Wheeler Subdivision as shown on plat of record in Plat Book 2 at Pages 113 and 114, for use as a street, upon the express condition that said street be opened as a street and if it is not so opened within a period of three years or if opened and used as a street, it shall at any time cease to be used for the purposes expressed, then, and in either of said events, the title conveyed and all rights and privileges thereunder shall revert to owners of the adjoining lands, said deed to be filed for record in the Office of the Recorder of Crittenden County, Arkansas, as soon as accepted by the City; and WHEREAS, there is a need for said street for the orderly development of the City and the City of West Memphis now desires to formally accept and confirm said dedication: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the street above described heretofore dedicated to the public use be and the same is hereby declared to have been accepted and confirmed as a public street and shall be deemed a public street and to be under the care and control of the City. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLAUSE. That it is found and declared by the City Council of the City of West Memphis that it is in the interest of the City of West Memphis that this ordinance be adopted for the continued growth and expansion of the City of West Memphis 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 upon its passage and approval. PASSED th i s ~_day of C~,~~, 1 990 . r U ~~~ M~A Y O F^. _•-. i~~~~ +1 ~~,~~ ~~ .' :~ e~ 2~7V DEDICATION DEED KNOW ALL .MEN BY THESE PRESENTS: ~~~~+~• X55 '~+:~ 345 ~~ WHEREA,~,`•,W & W Company, a copartnership, and Chandler G. Watkins~ancl,~Dorothy S. Watkins, husband and wife, being the owners of ~.o~s and lands abutting what was formerly 24th Street prior to the~.vacating°ahereof by Ordinance No. 1218 of the City of West Memphis passed July 18, 1985, together with the City of West Memphis now desire that said street be re-dedicated to the public use: NOW, THEREFORE, in consideration of the premises and~the sum of $1.00 to.-them in hand paid, and the benefits to accrue to the hereinafter described lands, W & W Company, a copartnership, and Chandler G. Watkins and Dorothy S. Watkins, husband and wife, hereby gram and convey to the City of West Memphis a perpetual easement and right of way for the use of the public generally in and to the following strip of land located in Crittenden County, Arkansas, to wit: Beginning at the southeast corner of Block 3, run thence north to the northeast corner of said Block 3, thence east 60 feet to the northwest corner of Block 2, thence south to the southwest corner of Block 2, thence west 60 feet to the point of beginning, as shown by the plat of record in Plat Book 2 at pages 113 and 114 of the Wheeler Subdivision in the City of West Memphis, Arkansas. This deed is upon the express condition that said street be opened as a street and if it is not so opened within a period of three years or if opened and used as a street it shall at any time cease to be used for the purposes herein expressed, then, and in either of said events, the title hereby conveyed and all rights and privileges under it shall revert to the grantors, their heirs, successors and assigns. IN TESTIMONY WHEREOF this instrument is executed this ~ - day of April, 1990. W & W COMPANY, a copartnership By ~. - l „i Chandler G". Wat ins Dorothy S.•.Watkins STATE OF ARKANSAS COUNTY OF CRITTENDEN ACKNOWLEDGMENTS On this the ~` day of April, 1990, before me, the undersigned officer, personally appeared Frank Waggener, Jr., who acknowledged himself to be a general partner of W & W Company, a copartnership, and that he, as such general partner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the copartnership by himself as general partner. ,, In w~.~ness whereof I hereunto set my hand and official seal. • t ~ I~ ~ x r i t ~T,,, ~%, \1 •~~.• • •1 1 ~ f ~jJ . ~ • !'~i. ` ~. ti>or ~n, %: '• Notary Public r.~,~~,t My coit~i~~,~~sYo~?~~ires ~ ..;,~r,. •..~ . , My Comm~s~TOrr~x~`ise~~.s~~ 20, 1983 r STATE OF ARKANSAS COUNTY OF CRITTENDEN On this the `~~day of undersigned officer, personally Dorothy S. Watkins, known to me ~~~ '755 -a:~ 3~~ April, 1990, before me, the appeared Chandler G. Watkins and to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for. the purposes therein contained. In witness whereof I . • 4 ~~,,~ ti'd ~ ~ ~ ~~ ~ ~~. ~ r~ ~, .i ~~,~~'•`G',.on, expires. ~i i .r ~,~.~ J„A1i ~j~y'~ .~i,; I hereunto set my h nd and official seal. Nota Public ACCEPTANCE The City of West Memphis, pursuant to Ordinance No. 4. Z~,., passed on the y~-t~e ~ day of Q~.;,~p , , 1990, hereby accepts the street as apart of the City Street System upon the conditions above stated and as provided in the Dedication Deed, and agrees to the maintenance thereof as in the case of other streets in the City Street System. DATED this iq~, day of Q,,~,.,,,, Q 1990. i,r .;,; • ,, iw. ~ ( ~.. • C I T r,L ..f-.i...r~~.~'' Sf -, By L 1 ~~~ ~ f`'~ `k~~ ,.~ ~a'~ ~.c~.;AfiTE~~~, ty Clerk Sts{s+ aF /1,rkanses, County of Critf~n .n 0 ,~/ p~1.d for record tho°?~~day of 19~Q ~t .77 , o'clock A •M, and r~cord~d in Boo _ ~S~ Pa9~ C ~ G~,~ ~ ~~``°• RY S. BESETT, Circuit Clert ~ _o.a Y k. ~ . ~, ~~ 1 ~ .r- .k`~ fi ;`~ ~~,d.a^r' '~.y. / ~~ .~ .J1'~''•