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765_ , ORDINANCE N0. AN ORDINANCE VACATING THAT PORTION OF GATHINGS DRIVE AS SHOWN ON THE PLAT OF WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS, OF RECORD IN PLAT BOOK 2 AT PAGES 113 AND 111+, IN THE OFFICE OF THE RECORDER OF CRITTENDEN COUNTY, ARKANSAS, WHICH IS ABUTTED ON THE EAST BY LOTS 4, 5, 6 AND 7 IN BLOCK 10 AND WHICH IS ABUTTED ON THE WEST BY LOTS 1 AND 17 IN BLOCK 11 OF WHEELER SUBDIVISION, AND THAT PORTION OF GOODWIN AVENUE AS SHOWN ON SAID PLAT WHICH IS ABUTTED ON THE NORTH BY LOTS 15, 16 AND 17 IN BLOCK 11 OF SAID SUBDIVISION AND ON THE SOUTH BY ACREAGE OWNED BY CITY OF WEST MEMPHIS AND DECLARING AN EMERGENCY WHEREAS, a petition was duly filed with the City Council of the City of 'West Memphis, Arkansas, on February 14, 1973, asking the City Council to vacate and abandon that portion of Gathings Drive as shown on the plat of Wheeler Subdivision in the city of West Memphis, Arkansas, of record in Plat Book 2 at pages 113 and 111+ in the office of the Recorder of Crittenden County Arkansas, which is abutted on the east by Lots 1+, 5, 6 and 7 in Block 10 and which is abutted on the west by Lots 1 and 17 in Block 11 of Wheeler Subdivi- sion, and that portion of Goodwin Avenue as shown on said plat which is abutted on the north by Lots 15, 16 and 17 in Block 11 of said subdivision and on the south by acreage owned by City of West Memphis. 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 portions of the streets hereinbefore described harms heretofore been dedicated to the public's use as streets herein described; ham not been actually used by the public generally for a period for at least five years subsequent to the filing of the plat; that the owners of the property abutting upon the portions of the streets to be vacated have filed their petition herein and have consented to such abandon- went; and that public interest and welfare will not be adversely affected by the abandonment of such streets. . . 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 portion of Gathings Drive and Goodwin Avenue described as follows: That portion of Gathings Drive as shown on the plat of Wheeler Subdivision in the City of West Memphis, Arkansas, of record in Plat Book 2 at pages 113 and 11~+, in the office of the Recorder of Crittenden County, Arkansas, which is abutted on the east by Lots ~+, 5, 6 and 7 in Block 10 and which is abutted on the west by Lots 1 and 17 in Block 11 of Wheeler Subdivision, and that portion of Goodwin Avenue ~s shown on said plat which is abutted on the north by Lots 15, 16 and 17 in Block 11 of said subdivision and on the south by acreage owned by 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. 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 ordinance shall be in full force and effect from and after its passage and approval. ADOPTED this lst day of March, 1973• Mayor ATTEST: ~- ty Clerk - 2 -