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169.. ORDINANCE N0. ~_ AN ORDINANCE VACATING A PORTION QF GIBBON AVENUE IN THE CITY OF WEST MEN~PHIS, ARKANSAS. WHEREAS, a Petition was duly filed with the City Council .rte' of the City of West Memphis, Arkansas, on the 19th day of duly, 1949, asking the City Council to vacate and abandon all that portion of Gibson Avenue designated on plat of the Lyndon Addition to said City appearing of record in Plat Book "1TM at page 70 in the office of the Recorder of Crittenden County, Arkansas, beginning at the point where Gibson Avenue inter sects the East line of Avalon Street (formerly Flippo Street) extending thence East to the point where Gibson Avenue inter- sects the West line of Redding Street, being s© much of Gibson Avenue as lies between Block H and Block I of the Lyndon Addition to the City of West Memphis, Arkansas. WHEREAS, after due notice 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 portion thereof, hereinabove described; has heretofore been dedicated to the public use as a Street herein described; has not been open and has not .been actually used by the public generally for a period of at least 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 interests and welfare will not be adversely affected by the abandonment of such Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'PY 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 Street designated as follows: Gibson Avenue from the point where Gibson Avenue intersects the East line of Avalon Street (formerly Flippo Street) extending thence East to the point where Gibson Avenue intersects the West line of Redding Street, being so much of Gibson Avenue as lies between Block H and Block I of the Lyndon Addition to the City of West Memphis, Arkansas, as reflected by plat of said Addition filed for record August 5, 1936, and duly recorded in Plat Book "1" at page 70 in the office of the Recorder of Crittenden County, Arkansas. Section 2. A copy of the 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. This ordinance, being necessary for the pres- ervation of the public peace, health and welfare, an emergency is hereby declared, and the same shall take effect and be in force from and after its passage. PASSED: August 16, 1949 ~'~ ~ ~ ayor ATTEST: t .~ - 2 - ~. P E T I T I O N TO THE CITY COUNCIL OF THE CITY OF WEST P~~MPHIS, ARKANSAS ~; Comes the Hulbert-West Niemphis Special School District No. 4 of Crittenden County, Arkansas, petitioner, and would respectfully show and state: I That petitioner is a body politic and corporate and is the owner of the following described real estate, situated and lying in the County of Crittenden, State of Arkansas, to-wit: Blocks H and I of the Lyndon Addition to the City of West Memphis, being a part of the S~ NEB Section 12, Township 6 North, Range $ East, as-the same appears of record in Plat Book 1 at page 70, of the records of Crittenden County, Arkansas, and being more particularly described as follows: Block H- Bounded on the north by Ross Avenue, on the east by Redding Street, on the south bq Gibson Avenue, and on the west by Avalon Street (formerly Flippo Street); Block I- Bounded on the north by Gibson Avenue, on the East by Redding Street, on the south by Barton Avenue, and on the west by Avalon Street (formerly Flippo Street); which said property is the site of one of its school buildings and its athletic field, and is also held for the future develop- went of facilities of the District. II That, as will be observed from the above description, said real estate is located in the Lyndon Addition, a sub- division of the City of West Memphis, Arkansas, Block H and Block I being separated on the plat of said Addition by Gibson Avenue, a street which was dedicated to the public at the time ~.r-'` of the filing of the plat on August 5, 1936, and a photo- static copy of said plat of Lyndon Addition, showing said Gibson Street and the property of this petitioner, is filed herewith and made a part hereof, together with an Abstract of the Warranty Deed from George Lehr and Marguerite Lehr, his wife, to petitioner, pursuant to which petitioner holds title to said real estate. III That despite the fact said Gibson Street is platted and dedicated it has never been opened and used as a street or alley between Redding Street and Avalon Street (formerly Flippo Street) and more than five years have elapsed since the platting and dedication thereof. That since property owners to the East of Redding Street will not need the improvement of .Gibson Avenue from Redding Street westward for the purpose of ingress and egress, and in view of the fact that petitioner owns all of the property abutting such Street on the North and South thereof and has no need for the opening of said Street, there is no justification for its existence, and the public interests will be best served by vacating the same to the end that it may be used by petitioner for school purposes and will remove a possible future traffic hazard to the children of the City of West Memphis and this District who shall attend the school located on said property. WHEREFORE, PREMISES CONSIDERED, PETITIONER PRAYS: That the Council by resolution fix a day for the hearing of this petition and direct the City Clerk to give notice of such meeting by publication once a week for two consecutive weeks in some newspaper published in the County and having a general circulation in the City of G~Jest Memphis as required by law, and - 2 - . _ . that after hearing hereof that Gibson Avenue be vacated from the points where Gibson Avenue intersects the East line of Avalon Street (formerly Flippo Street) extending thence East to the point where Gibson Avenue intersects the West line of Redding Street, being so much of Gibson Avenue as lies between Block H and Block I of the Lyndon Addition to the City of West Memphis, Arkansas. Respectfully submitted, HULBERT-WEST NIEN1~'HIS SPECIAL SCHOOL. DISTRICT N0. !~ of CRITTENDEN COUNTY, ARKANSAS $y ~ o.,.~-,off--../ President of Board o Directors ATTEST: e ary J WILLIAM H. HUNDHAUSEN, being first duly sworn, says that he is the President of the Board of Directors of Hulbert-West Memphis Special School District No. 4 of Crittenden County, Arkansas, the petitioner named in the foregoing Petition; that he has read the same and that the matters and things therein contained and set forth are true according to the best of his knowledge, information and belief. illiam H. Hundhausen Subscribed and sworn to before me, a Notary Public within and for Crittenden County, Arkansas, this /lam - day of ~ , 1949• ~ __.l ~,~` ~~~~~c,.2... ~._ ~' - Notary ublic Nfy Commission Expires: ~: - 3 -