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233~v ORDINANCE N0. X33 ATv ORDINANCE VACATING PORTIOidS OF MADISOIJ AV~;NUE, FIFTEENTH STREET AND SIXTEENTH STREET, IN THE C ITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of hest Memphis, Arkansas, on the 19th day of August, 1952, asking the City Council to vacate; That part of Fifteenth Street South of Madison Avenue, being so much of Fifteenth Street as lies between Block One Hundred Twenty-five and Block One Hundred T~renty-six of the George T. Kendal Addition to the City of Ttiest Memphis, as per plats of record in Plat Book "1", pages 131, 170, 171, 172, 19l~ and 195 of the records of the Clerk of the Circuit Court and Ex-Officio LRecorder within and for the County of Crittenden, State of Arkansas; That part of Sixteenth Street South of T~adison Avenue, being so much of Sixteenth Street as lies between Block One Hundred Twenty-six and Block One Hundred '~~orty-one of the George T. Kendal Addition to the City of ti~~,~est T•~Zembhis, as per plats of record in Plat Book rrlrr~ panes 138, 170, 171, 172, 19)~ and 195 of the records , o_f the Clerk of the Circuit Court andx-Officio Recorder within and for the County of Crittenden, State of Arkansas; That part of Madison Avenue between is?fifteenth and Sixteenth Streets which lies in and across the lake shown by platy of record in Plat Book "1", pages 131, 170, 172, and 19l~, in the office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; That part of Madison Avenue, which has not been dedicated by plat of record, but which has been established 'ray prescription immediately South of the lake shown by platy of record in Plat Book "1", pages 131, 170, 172 and 19l~ in the office - 1 - ,, of the Circuit C ourt Clerk and Ex-Offic io , Recorder of Crittenden County, Arkansas, from the point where said non-dedicated part of Madison Avenue intersects the East line of Fifteenth Street extending thence East to the point where it intersects the West line of Sixteenth Street, being so much of Madison Avenue as has been establisl~.ed by prescription and lies between the aforesaid lake and Block .- One Hundred Twenty-six of the George T. Kendal Addition to the City of Wiest Memphis, as per plats of record in Plat Book "1", pages 131, 170, 172 and 19l~. of the records of the Clerk of the C ircuit C ourt and Ex-Officio Recorder within and for t he County of Crittenden, State of Arkansas; That part of Madison Avenue from the point where it intersects the West line of Sixteenth Street extending thence East to the point where said Madison Avenue intersects the West line of Seven- teenth Street, being so much of Madison Avenue as lies in the intersection of Madison Avenue and Sixteenth Street and between Bloch One Hundred Forty and Block One Hundred Forty-one of the George T. Kendal Addition to the City of West Memphis, as per p~.ats of record in Plat Book "1", pages 138, 170, 171, 172, 19~. and 195 of the records of the Clerk of the Circuit Court and Ex- Off is io Recorder within and for the County of Crittenden, State of Arkansas; and WHEREAS, after due notice as required by law the City Council has, at the time and place mentioned in the notice, heard all persons desiring to b e heard on the question and has ascertained that the streets or portions thereof herein- above described have heretofore been dedicated to the public use as the streets herein described; that the hereinabove des- cribed portions of Fifteenth Street, Sixteenth Street, and so much of Madison Avenue as lies in and across the aforesaid lake, have not been opened and have not been actually used by the public generally for a period of five years subsequent to the filing of the plat; that all of the owners of the property abutting upon the portions of the streets to b e vacated have filed with the City Council their written consent to such - 2 - abandonment of such streets; NOW, T;~EREFORE, BE IT ORDAINED BY THE CITY C OUNC IL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. The City of West Memphis, Aransas, hereby releases, vacates and abandons all rights, together with the rights of the public generally in and to the streets designated as follows: That part of Fifteenth Street South of Madison Avenue, being so much of Fifteenth Street as lies between Block One Hundred Twenty-five and Block One Hundred Twenty-six of the George T. Kendal Addition to the City of West Memphis, as per plats of record in Plat Book 111", pages 131, 170, 171, 172, 194 and 195 of the records of the Clerk of the Circuit Court and Ex- Officio Recorder within and f or the County of Critten- den, State of Arkansas; That part of Sixteenth Street South of Madison Avenue, Y. being so much of Sixteenth Street as lies between ~,, Block One Hundred Twenty-ai~c and Block One Hundred Forty-one of the George T. Kendal Addition to the City of 4~!est Memphis, as per plats of record in Plat Book "1", pages 138, 170, 171, 172, 19!}. and 195 of the re- cords of the Clerk of the Circuit Court and Lx-Officio Recorder within and for the County of Crittenden, State of ~~rkansas; That part of P~la.dison Avenue between ~{ fifteenth and Six- teenth Streets which lies in and across the lake shown by ~latsof record in Plat Book "1", pales 131, 170, 172, and 194 in the office of the Circuit Court Clerk and Ex- Officio Recorder of Crittenden County, Arkansas; Ti~:at part of T~iadison Avenue, which has not been dedicated by plats of record, Taut which has been established by prescription immediately South of the lake shown by lat of record in Plat Book "1", pages 131, 170, 172 and p94, in the office of the Circuit Court Clerk and E'x- Officio Recorder of Crittenden County, Arkansas, from the point where said non-dedicated part of Madison Avenue intersects the East line of .Fifteenth Street extending thence East to the point where it intersects the West line of Sixteenth Street, being so much of Madison Avenue as has been established by prescription and lies between the aforesaid lake and Block One Hundred Twenty-six of the George T. Fendal Addition to the City of ?west Memphis, as per plats of record in Plat Book "1", pages 131, 170, 172, and 194 of the records of the Clerk of the Circuit Court and Ex-OSta eo Recorder within and for the County of Crittenden, of Arkansas; -3- That part of Madison Avenue from the point where it intersects the West line of Sixteenth Street extend- ~ ing thence East to the point where said Madison Avenue intersects the U~'est line of Seventeenth Street, ~, being so much of Madison Avenue as lies in the inter- section of Madison Avenue and Sixteenth Street and be- tween Block One Hundred Forty and Block One Hundred Forty-one of the George T. Kendal Addition to the City of West Memphis, as per plats of record in Plat Book "1", pages 138, 170, 171, 172, 194 and 195 of the re- cords of the Clerk of the Circuit Court and Ex-Officio Recorder within and for the County of Crittenden, State of 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, Arkansas, and recorded in the deed records of this County. SECTION 3. All ordinances and parts of ordinances in conflict here~~.-ith are hereby repealed. SECTION 1.4.. This 6rdinance being necessary for the preservation of the public peace, health"and welfare, an emergency is hereby declared, and this Ordinance shall take effect and be in force from and after its passage. r q~ PASSED: ~ '' APPRO Mayor ATT ~~ST C~Z~_.e~~o=~.a City Clerk -4-