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968 i + 4 ~ , ~ r V ORDINANCE NO. AN ORDINANCE VACATING THOMAS AVENUE EXTENDING FROM THE WEST LINE OF GATHINGS AVENUE WEST TO THE EAST LINE OF 24TH STREET IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on March 29, 1979, asking the City Council to vacate and abandon Thomas Avenue extending from the west line of Gathings Avenue west to the east line of 24th Street and bounded on the south by Lots 1 to 8, inclusive, in Block 2 of Wheeler Subdivision as shown by plats of record in Plat Book 1 at pages 264 and 265, Plat Book 2 at pages 113 and 114 and Plat Book 2 at page 125 and on the north by acreage, all in the city of West Memphis, Arkansas; and WHEREAS, after due notices were published 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 Thomas Avenue as hereinabove 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 plats; that all the owners of the property abutting upon Thomas Avenue to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such street. 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 right, together with the rights of the public generally, in and to that part of Thomas Avenue designated as follows: ~ • That portion of Thomas Avenue extending from the west line of Gathings Avenue west to the east line of 24th Street and bounded on the south by Lots 1 to 8, inclusive, Block 2, Wheeler Subdivision, and on the north by acreage and as shown on plats of record in Plat Book 1 at pages 264 and 265, Plat Book 2 at pages 113 and 114, and Plat Book 2 at page 125 in the office of the recorder of Crittenden County, Arkansas, subject to any easements for utilities in favor of the city of West Memphis. Section II. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas, at Marion and recorded in the deed records of said county at Marion. Section III. This Ordinance shall take effect and be in force from and after its passage. ~/' PASSED AND APPROVED this day of ~ i~ / , 1979. ATTEST : /' f..~~ _ Cit erk -. ~ ~Mr~