Loading...
731ORDINANCE NO. AN ORDINANCE TO VACATE THE ALLEY EXTENDING THROUGH THE EAST HALF OF BLOCK 1 OF THE EUGENE WOODS SUBDIVISION TO THE CITY OF WEST MEMPHIS, ARKANSAS, BETWEEN LOTS 1 AND 2 OF BLOCK 1 AND LOTS 6 AND 7 OF BLOCK l; AND TO RETAIN A PERMANENT UTILITY EASEMENT THROUGH THE EAST HALF OF BLOCK 1 OF THE EUGENE WOODS SUBDIVISION TO THE CITY OF WEST MEMPHIS: 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 6th day of July, 1972, asking the City Council to vacate and abandon the alley extending through the East Half of Block 1 of the Eugene Woods Subdivision to the City of West Memphis, as designated on a plat of record of said subdivision now appearing of record in the Plat Records in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas, and WHEREAS, after due notices 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 alley hereinbefore described has heretofore been dedicated to the public use as an alley; has not been actually used by the public generally for a period of at least five (5) years, subsequent to the filing of the plat; that all owners of the property abutting upon the portion of the alley 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 abandon- ment of such alley, provided the City of West Memphis retains an easement over the same property as occupied by the alley; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. The City of West Memphis, Arkansas hereby releases, vacates and abandons all its rights, except as hereinafter stated, together with the rights of the public generally in and to the alley designated as follows: That certain alley extending through the East Half of Block 1 of Eugene Woods Subdivision to the City of West Memphis, Arkansas, according to a plat of record in Plat Book 1 at page 185 of the records in the off ice of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas, more particularly described as follows: ~.r Beginning at the Southeast. corner of Lot 1, Block l of the Eugene Woods Subdivision to the City of West Memphis; thence westerly along the South lot line of Lots 1 and 2 of Block 1; thence southerly along the east line of Lot 3 of Block 1 to the Northwest corner of Lot 6 of Block 1 of said sub- division; thence easterly along the north lot line of Lots 6 and 7 of Block 1 of said subdivision to the Northeast corner of Lot 7 of Block l; thence northerly along a line parallel to the east lot lines of Lots 1 and 7 of Block 1, 20 feet to the point of beginning. Section 2. The City of West Memphis, Arkansas, hereby retains a utility easement with the right of ingress and egress. through the East Half of Block 1 as hereinabove described, formerly occupied by an alley and more particularly described as follows: That certain alley extending through the East Half of Block 1 of Eugene Woods Subdivision to the City of West Memphis, Arkansas, according to a plat of record in Plat Book 1 at page 185 of the records in the off ice of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas, more particularly described as follows: Beginning at the Southeast corner of Lot 1, Block l of the Eugene Woods Subdivision to the City of West Memphis; thence westerly along. the South lot line of Lots 1 and 2 of Block l; thence southerly along the east line of Lot 3 of Block 1 to the Northwest corner of Lot 6 of Block 1 of said sub- division;. thence easterly along the north lot line of Lots 6 and 7 of Block 1 of said subdivision to the Northeast corner of Lot 7 of Block 1; thence .northerly along a line parallel to the east lot lines of Lots l and 7 of Block 1, 20 feet to the point of beginning. Section 3. All ordinances, or parts of ordinances in conflict herewith are hereby repealed. E Section 4. A copy of the ordinance when duly certified by the City Clerk shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 5. EMERGENCY CLAUSE: It is found and declared by the City Council of the City of West Memphis that this. ordinance is necessary for the growth and expansion of the City of West Memphis; therefore, an emergency is hereby declared to exist, and this ordi- nance shall be in full force and effect from and after .its passage and approval. ADOPTED this 3rd day of August, 1972. `~ ~~ . MAYOR ATTEST: ~' ". CITY CLERK d