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506M ORDINANCE NO.~ AN ORDINANCE VACATING A PORTION OF FIFTH STREET AND A PORTION OF VAN BUREN AVENUE WITHIN SOUTH- CREST SUBDIVISION OF THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the __1~~ day of _~U~ , 1966, asking the City Council to vacate and abandon all that portion of Van Buren Avenue and all that portion of Fifth Street designated on the plat of Southcrest Subdivision to said City now appearing of record in Plat Book 1 at page 41 in the office of the Recorder of Crittenden County, Arkansas, described as follows, to-wit: All that portion of Van Buren Avenue lying east of the east line of Fourth Street up to the boundary of Tennison Industrial ir.r Subdivision as shown by a plat of record in Plat Book 1 at page 218 of the records of Crittenden County, which is abutted on the north side by Lots J, K and L in Block A in said Southcrest Subdivision and is abutted on the south side by Lots A, O, P and Q of Block H of said Southcrest Subdivision; and All that portion of Fifth Street lying north of the north line of Jackson Avenue up to the said Tennison Industrial Subdivision as hereinabove referred to and which is abutted on the west side by Lots K, L, M and N in Block H of said Southcrest Subdivision, and is abutted on the east side by Lots A, B, C and D in Block I of said Southcrest Subdivision; and The ends of both portions sought to be closed are abutted by Lot 2 of Tennison Industrial Subdivision, as shown by a plat of record in Plat Book 1 at page 218 of the records of 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 avenue and street, or the portions thereof hereinbefore described, have heretofore been dedicated to the public use as streets herein described; have: not been actually used by ~2- the public generally for a period of at least five (5) years subsequent to the filing of the plat thereof; that the petitioner, Belle Meade Mobile Homes, Inc. is the owner of all of the property abutting upon all portions of the said streets to be vacated and, by their petition herein; filed with the Council have given their written consent and have petitioned for such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said streets as hereinabove described. NOW, THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. The City of West Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the streets (and avenues) designated as follows: All that portion of Van Buret Street (shown on the plat of Southcrest Subdivision as the street lying between Blocks A, B, C and D of said subdivision on the north side thereof, and Blocks E, F, G and H on the south side thereof upon the plat of said subdivision) which lies east of the east line of Fourth Street,up to the boundary of Tennison Industrial Subdivision as shown by a plat of record in Plat Book 1 at page 218 of the records of Crittenden County, and which said portion to be closed is abutted on the north side by Lots J, K and L in Block A of said Southcrest Subdivision, and is abutted on the south side by Lots A, O, P and Q of Block H of said Southcrest Subdivision; and All that portion of Fifth Street lying north of the north line of Jackson Avenue up to the said Tennison Industrial Subdivision as hereinabove referred to and which portion to be closed is abutted on the west side by Lots K, L, M and N in Block H of said Southcrest Subdivision and is abutted on the east side by Lots A, B, C and D in Block I of the said Southcrest Subdivision according to a plat of the said subdivision appearing of record in Plat Book 1 at page 41 of the records of Crittenden County, Arkansas. SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County and recorded in the Deed Records of said County. . . :. -3- SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this 1st day of September, 1966. ATTE MAYOR __ CITY C ERK