599.M
ORDINANCE NO. ~ ~
AN ORDINANCE TO VACATE THAT PORTION OF OLIVER
.. AVENUE EXTENDIlVG FROM THE EAST LINE OF FOURTH
STREET BETWEEN LOT 1 OF BLOCK 9 AND LOT 13 OF
BLOCK 6 OF THOMPSON'S THIRD ADDITION TO THE CITY
OF WEST MEMPHIS, TO THE WEST LINE OF THE EASE-
MENT EXTENDING THROUGH BLOCKS 9 A ND 6 OF
THOMPSON'S THIRD ADDITION 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, asking the City Council to vacate and abandon that portion
of Oliver Avenue extending from the east line of Fourth Street between Lot 1 of
Block 9 and Lot 13 of Block 6 of Thompson's Third Addition to the City of West
Memphis, to the west line of the easement extending through Blocks 9 and 6 of
Thompson's Third Addition to the City of West Memphis, 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 street or the portion
thereof hereinbefore described has heretofore been dedicated to the public
use as a street 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 street 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 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 street designated as follows:
That portion of Oliver Avenue extending from the east
line of Fourth Street between Lot 1 of Block 9 and Lot
13 of Block 6 of Thompson's Third Addition to the City
of West Memphis, to the west line of the easement ex-
tending through Blocks 9 and 6 of Thompson's Third
i Addition to the City of West Memphis.
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Section 2. The City of West Memphis, Arkansas, hereby retains a
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utility easement with the right of ingress and egress to said easement, and
more particularly described as follows:
Beginning at the Southwest corner of Lot 1, Block 9 of
Thompson's Third Addition to the City of West Memphis;
thence east along the south lot line of Lot 1 to the South-
east corner of Lot 1, Block 9; thence southerly along the
easement extending through Lots 6 and 9 of Thompson's
Third Addition to the City of West Memphis, to the
Northeast corner of Lot 13 of Block 6; thence westerly
along the North lot line of Lot 13, Block 6 to the North -
west corner of Lot 13, Block 6; thence northerly along
the west line of Fourth Street to the Southwest corner
of Lot 1, Block 9, 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-0fficio 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 ,~ day of May, 1969.
v
MAYOR
ATTEST:
,~,~.~^x
City Clerk