559
ORDINANCE NO. 559
,,,~ AN ORDINANCE TO VACATE THE ALLEY EXTENDING
THROUGH A PORTION OF BLOCK 165 OF THE GEORGE
T. KENDAL SUBDIVISION TO THE CITY OF WEST
MEMPHIS, AND TO RETAIN A PERMANENT UTILITY
„„ EASEMENT THROUGH SAID PROPERTY; 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 27th day of February, 1968 asking the
City Council to vacate and abandon all that portion of the alley designated on
the plat of the George T. Kendal Subdivision to the City of West Memphis in
Block 165 of said subdivision, now appearing of record in Plat Book 1, page
56 in the office of the Circuit Court Clerk and Ex-Officio Recorder of
Crittenden County, Arkansas, beginr~umg at the south boundary of said Block
165 and extending through said block to the rear lot line of Lots 42 and 43 of
said block, and
WHEREAS, after due notices as required by law, the CoLmcil 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 or the portion
thereof hereinbefore described has heretofore been dedicated to the public
use as an alley herein described; 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 of the owners of the property abutting upon the portion of the alley
to be vacated have filed with the Council their written consent to such abandon-
ment, and that public interest and welfare will not be adversely affected by
the abandonment of such alley, provided the City of West Memphis retains an
easement over the same property as occupied by said 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 a portion of Block 165,
George T. Kendal Subdivision to the City of West Memphis,
more particularly described as follows:
Beginning at the southeast corner of said block; thence west
145 feet to the point of beginning; thence north along the west
lot line of Lots 19 through 36 of said Block 165 to a point;
thence west 10 feet to a point; thence south along the east
lot line of Lots 1 through 18 of Block 165 to a point; thence
east 10 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 to said easement through
the center of Block 165 formerly occupied by an alley and more particularly
described as follows:
Beginning at the southeast corner of Block 165 of George T.
i Kendal Subdivision to the City of West Memphis, Arkansas;
~ thence west 145 feet to the point of beginning; thence north
along the west lot line of Lots 19 through 36 of said Block
165 to a point; thence west 10 feet to a point; thence south
along the east lot line of Lots 1 through 18 of Block 165 to
a point; thence east 10 feet to the point of beginning.
Section 3. All ordinances, or parts of ordinances in conflict herewith
are hereby repealed.
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.
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 ordinance shall be in full force and effect
from and after its passage and approval.
ADOPTED this 18th day of April, 1968.
ATTEST: MAYOR
.~
ity Clerk