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620 ORDINANCE NO, u(~ E AN ORDIlVANCE TO VACATE THE ALLEY EXTENDING THROUGH BLOCK 9 OF THE WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS; TO VACATE THE ALLEY EXTENDING THROUGH A PORTION OF BLOCK 8 OF THE WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS; AND TO RETAIN A PERMANENT UTILITY EASEMENT THROUGH BLOCKS 8 AND 9 OF THE WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS; DECLARING AN EMER- GENCY AND FOR OTHER PURPOSES. WHEREAS, a petition 'was duly filed with the City Council of the City of West Memphis, Arkansas, on the 21st day of November, 1968, asking the City Council to vacate and abandon the alley extending through Blocks 8 and 9 of the Wheeler Subdivision to the City of West Memphis 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 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 abandonment, and that public interest and welfare will not be adversely affected by the abandon- s 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: r 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 Block 9 of the Wheeler Subdivision to the City of West Memphis, more particularly described as follows: Beginning at the Southeast corner of Lot 1, Block 9 of the Wheeler Subdivision to the City of West Memphis; thence Northwesterly 631. 35 feet along the south lot line of Lots 1 through 6 of Block 9 to the Southwest corner of Lot 6; thence Southerly parallel to the West lot line of Lots 6 and 7, 30 feet to the Northwest corner of Lot 7 of Block 9; thence Southeasterly along the North lot lines of Lots 7 through 12 of Block 9, 604. 46 feet to the Northeast corner of Lot 12 of Block 9; thence Northeasterly along a line parallel to the East lot lines of Lots 1 and 12 of Block 9, 30 feet to the point of beginning. That certain alley extending through a portion of Block 8 of the Wheeler Subdivision~to the City of West Memphis, more particularly described as follows: Beginning at the Southeast corner of Lot 1 of Block 8, ~ Wheeler Subdivision to the City of West Memphis; thence Northwesterly along the South lot lines of Blocks 1 through 5, 500 feet to the Southwest corner of Lot 5 of Block 8 to a point; thence Southwesterly parallel to the West lot lines of Lots 5 and 12 of Block 8, 30 feet to the Northwest corner of Lot 12; thence Southeasterly along the North lot lines of Lots 12 through 16 of Block 8, 500 feet to the Northeast corner of Lot 16; thence Northerly along a line parallel to the East lot lines of Lots 1 and 16, 30 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 center of Blocks 8 and 9, formerly occupied by an alley and more particularly described as follows Beginning at the Southeast corner of Lot 1, Block 9 of the Wheeler Subdivision to the City of West Memphis; thence Northwesterly 631. 35 feet along the south lot line of Lots 1 through 6 of Block 9 to the Southwest corner of Lot 6; ~,.,, thence Southerly parallel to the West lot line of Lots 6 and 7, 30 feet to the Northwest corner of Lot 7 of Block 9; thence Southeasterly along the North lot lines of Lots 7 through 12 of Block 9, 604. 46 feet to the Northeast corner of Lot 12 of Block 9; thence Northeasterly along a line parallel to the East lot lines of Lots 1 and 12 of Block 9, 30 feet to the point of beginning. Beginning at the Southeast corner of Lot 1 of Block 8, Wheeler Subdivision to the City of West Memphis; thence Northwesterly along the South lot lines of Blocks 1 through 5, 500 feet to the Southwest corner of Lot 5 of Block 8 to a point; thence Southwesterly parallel to the West lot lines of Lots 5 and 12 of Block 8, 30 feet to the Northwest corner of Lot 12; thence Southeasterly along the North lot lines of Lots 12 through 16 of Block 8, 500 feet to the Northeast corner of Lot 16; thence Northerly along a line parallel to the East lot lines of Lots 1 and 16, 30 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 •~th day of December, 196 .,'~/ `' `~~~ . v ~. MAYOR A TT ~~ i}~ r City Clerk L