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ORDINANCE NO ~ y a~I 7
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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
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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.
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MARY S. BESETT~ Circuit Clerk
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