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1427~ _. / ~ r ~~~~ ORDINANCE NO ~ y a~I 7 ~~^t,~ i ~~ ~~:~ 462 AN ORDINANCE VACATING THE EAST THREE FEET OF A TEN-FOOT UTILITY EASEMENT RUNNING ALONG THE WEST SIDE OF LOT 13 OF OF THE WALKER ESTATE SUBDIVISION, 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 22nd day of May, 1990, asking the City Council to vacate a portion of a utility easement, such portion being specifically described as follows: The east 3 feet of the 10-foot utility easement running along the west line of Lot 13 of the Walker Estate Subdivision, said land being in the SE 1/4 SW 1/4 of Section 9, Township 6 North Range 9 East, as shown by plat of record in Plat Book 2 at page 246 of the records of Crittenden County, Arkansas, and WHEREAS, of ter due notice 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 the original plat of Lot 13 showed an easement 5 feet in width along the west side and thereafter on April 3, 1964, the owners of the land granted to the City of West Memphis by Deed of Easement of record in Book 372 at page 25 in the office of the Recorder of Crittenden County, Arkansas, a 10-foot easement for the purpose of construction, maintaining, operating, replacing, removing and renewing an underground sanitary sewer, storm drain, water line, and/or electrical line according to plans and specifications on file in the office of the City Engineering Department of West Memphis, and subsequent thereto a replat of Lot 13 was filed for record on April 1, 1965, and recorded in Plat Book 2 at page 246, which showed the easement as being 5 feet in width; that said easement deed provided that the conveyance of said easement shall remain in full force and effect so long as the City shall use said easement for said purpose, and if not so used, this permanent easement and right-of-way shall revert to the Grantors in the deed, and any portion of this easement granted which has not been utilized for such purpose, shall immediately revert to the Grantors and their heirs and assigns upon completion of said project; that the portion of the easement above described has not been so used for such purpose; and that public --. „~ . _ . ., u :~~~. r ~ C b ~. .- 1 S ~~ --r +-__ --~ _ rtin.,nta ~`~ ~~ 1~~rw~. f + ~.~ ~ ~ ~ .... _.463 interest and welfare will not be adversely affected by the abandonment of the said portion of said utility easement that has not been used by the City or by any public utility; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I. The City of West Memphis hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the the portion of the utility easement described as follows: The east 3 feet of the 10-foot utility easement running along the west line of Lot 13 of the Walker Estate Subdivision, said land being in the SE 1/4 SW 1/4 of Section 9, Township 6 North Range 9 East, as shown by plat of record in Plat Book 2 at page 246 of the records of Crittenden County, Arkansas, and SECTION 2: A copy of the 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 found and determined by the City Council that the ordinance is necessary for owners of the property to be able properly to utilize such property and this ordinance is necessary for the growth and expansion of the City of West Memphis, Arkansas, 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 on its passage and approval. TT !'~P~TT 1L2 ~. l19 .L ~~__ L t____ ~ All /1 ~~ ,~~ . e. ~, ~h ~.~, a ,~ ;' c~ • v, ~, ,< 'f~. . t~ ~~~~~ t~. MARY S. BESETT~ Circuit Clerk S,jr-_-.--~~~ t .(" /1. J <1 ~„L,l C' 1L lY 1Cs r~-3 ~. Q ' ~ t\ ~ ~ '~''' "~f'`~ /r ~- wQ~ ~ ea. a-r~ d! y ?~ _ . ~ "~•' ^~ I~ i ~ ~''D. ~ ~ `, `~, ~ ~ ` L: ~ : _,` ~ '~ ,{~ Fe.