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658r ~ ORDINANCE NO. ~ ~ AN ORDINANCE VACATIlVG THAT PORTION OF RICE STREET ABUTTED BY LOT 6 IN BLOCK 10 OF THE FIRST ADDITION TO WESTWOOD ACRES, WEST MEMPHIS, ARKANSAS, AND LYING SOUTH OF THE SOUTH LINE OF VANDERBILT AVENUE AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 2 AT PAGE 253 IN THE OFFICE OF THE RECORDER OF CRITTENDEN COUNTY, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the 15th day of October, 1970, asking the City Council to vacate and abandon that portion of Rice Street abutted on the east by Lot 6 in Block 10 of the First Addition to Westwood Acres, West Memphis, Arkansas, and on the west by acreage and lying south of the south line of Vander- bilt ,Avenue as shown by plat of record in Plat Book 2 at page 253 in the office of the Recorder of Crittenden County, Arkansas; and WHEREAS, after due notice as required by law the 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 portion of the street hereinabove described has heretofore been dedicated to the public's use as a street as hereindescribed; has not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat; that Avalon Developers, Inc. the sole owner of the property abutting upon that portion of the street to be vacated has consented to such abandonment by filing its petition herein; 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: SECTION I. The City of West Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally in and to: 2. That portion of Rice Street abutted on the east by Lot 6 in Block 10 of the First Addition to Westwood Acres West Memphis, Arkansas, on the west by acreage and lying south of the south line of Vanderbilt Avenue as shown on plat of record in Plat Book 2 at Page 253 in the office of the Recorder of Crittenden County, Arkansas. 'SECTION II. 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 Deed Records of said county. SECTION III. This ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 3rd day of December 1970. Tilden Rodger ,Mayor ATTEST: ~ ,. City Clerk