1303v.~ ,.~„°
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ORDINANCE NO. 1303
AN ORDINANCE VACATING THE S 1/2 OF WHEELER AVENUE ABUTTID -
ON THE SOUTH BY LOTS 9, 10 AND 11 IN BLOCK 18 AND LOTS lA,
1, 2, 3, 4 AND 5 IN BLOCK 19 OF WHEELER SUBDIVISION AND ON
THE NORTH BY THAT PORTION OF WHEELER AVENUE HERETOFORE
VACATID BY ORDINANCE NO. 12,74, DECLARING AN FIVIERGENCY AND
FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed with the City Council of -
the City of West Memphis, Arkansas, on the 12th day of August,
1987, asking the City Council to vacate the S 1/2 of Wheeler
Avenue abutted on the south by Lots 9, 10 and 11 in Block 18 and
Lots lA, 1, 2, 3, 4 and 5 in Block 19 of Wheeler Subdivision, West
Memphis, Arkanas, per plat of record in Plat Book 2 at pages 113
and 114 in the Office of the Recorder of Crittenden County,
Arkansas, and on the north by that portion of Wheeler Avenue
heretofore vacated by Ordinance No. 1274; and
WHEREAS, after 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 street hereinbefore described has heretofore
been dedicated to the public's use as a street herein described;
has not been actually used by the public generally for a period
for at least five years subsequent to the filing of the plat; that
petitioners are the sole owners of the property abutting upon the
street to be vacated; and that public interest and welfare will
not be adversely affected by the abandonment of such street.
NCNV, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE
CITY OF WEST MIIViPH I S , 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 the street designated as follows:
The S 1/2 of Wheeler Avenue, being that portion of
Wheeler Avenue not heretofore vacated, abutted on the
south by Lots 9, 10 and 11 in Block 18 and Lots lA, 1,
2, 3, 4 and 5 in Block 19 of Wheeler Subdivision, West
Memphis, Arkansas, per plat of record in Plat Book 2
at pages 113 and 114 in the Office of the Recorder of
Crittenden County, Arkansas, and on the north by that
portion of Wheeler Avenue heretofore vacated by
Ordinance No. 1274, SUBJECT only to any existing
utility easements.
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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 hereby found and
declared by the City Council of the City of West Memphis that the
property along which this street runs is in the process of
development and this ordinance is necessary for the owners of the
property to be able to properly utilize such property and for the
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 from and after its passage.
PASSED this 3rd day of September, 1987.
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Mayor
ATTEST:
City Clerk