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1183- ~ ~ ^~~ y ~ h ORDINANCE N0. `- ~r 4 U `7 ~ ~~~x ~ ~3 race ~6 ~ AN ORDINANCE VACATING THE SIDEWALK EASEMENT THROUGH THE VACATED UNNAMED STREET BETWEEN BLOCKS 11 AND 13 OF SECOND RICH EASTERN ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AND EMERGENCY AND FOR OTHER PURPOSES. ~ WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the ~~ day of /D'~G~/~ ~ 1984, asking the City Council to vacate the sidewalk easement granted to the City of West Memphis, Arkansas, by Easement dated November 15, 1967, filed for record in the office of the Recorder of Crittenden County, Arkansas, November 22, 19F7, and therein recorded in Book 41? at page_54, whereby there was granted to the City of West Memphis, Arkansas, an easement and right of way .for a sidewalk to be built and maintained- by the City of West Memphis, Arkansas, said easement granted being described as follows, to wit: Three feet north and three feet south of the center line of that unnamed street lying west of the west line of 28th Street and east of the east line of 27th Street, lying north of Beatty street and south of Church Street as shown by the recorded plat of Second Rich Eastern Addition to West Memphis, Arkansas, recorded in Plat Book 1 at page 273 in the office of the Recorder of Crittenden County, Arkansas, and abutting Lots 10 and 11 in Block 11 and Lots 1 and 21 in Block 13 of the said Second Rich Eastern Addition,. which unnamed Street was abandoned by Ordinance No. 542 of the Ordinances of the City of West Memphis, Arkansas; and WHEREAS, after due notices as required by law, the City Council has, at the time and place mentioned in the notices, heard all persons desiring to be heard on the question and has ascertained that the sidewalk easement hereinbefore described has heretofore been granted to the City of West Memphis for the public's use generally as a sidewalk as herein described; has not been maintained by the City of West Memphis as provided in the Easement Deed and is not now being used by the public generally as a sidewak and has grown up in weeds and has become a nuisance; that all of the owners of the property abutting upon the sidewalk easement to be vacated have joined in the petition filed herein with the City Council; w 4 ' ~' .. ,: w ~fl~K 653 ~A~t162 and that .public interest and welfare will not be adversely affected by the abandonment of such sidewalk easement, NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, 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 sidewalk and sidewalk easement described as follows,'to wit: Three feet north and three feet south of the center line of that unnamed street lying west of the west line of 28th Street and east of the east line of 27th Street, lying north of Beatty Street and south of Church Street as shown. by the recorded plat of Second Rich Eastern Addition to West Memphis, Arkansas, recorded in Plat Book 1 at page 273 in the office of the Recorder of Crittenden County, Arkansas, and abutting Lots 10 and 11 in Block 11 and Lots 1 and 21 in A3ock 13 of the said Second Rich Eastern Addition, which unnamed Street was abandoned by Ordinance No, 542 of the Ordinances of the City of West Memphis, Arkansas. Section 2. A copy of this 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 ~r by the City Council of the City of West Memphis that the property through which this sidewalk runs is in bad condition, growing up in high weeds and is not being maintained by the City as they agreed and has beeo.me and eye-sore'in the area ~.nd it is to the best interest of the city and the public generally that the sidewalk easement be vacated and the property returned to the adjoining landowners to be maintained by them 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 th~._ordinance shall take effect and be in force immediately from and r ' ~ ~ • SASSED this ,,:G , . ,day of ~ A~~ ~T f ~ a ,,. .. ~ • ~.. er fits p~sage. 1!84 , c. AP'T~ST' '~ ~'`-' ~ ~' ~ ~'. r, S to of Arkansas, County of Critt nden • -. ,~ , ~,~, Filed for record the L. day of 19Q ~ at L• Z= ,~ ,< ~ ~+ '*f LLB ~` a '^' ~',',~ ~~ '` o'eloek~ M. and recorded in Book ---~-i Paya 6~ °~, .f ark MARY S. ESETT, Circuit Clerk B D. C.