1114RESOLUTION 1 / 1 ~f
WHEREAS, there has been filed with the City Council of the
^,ity of West Memphis, Arkansas, by Heath & House Construction Co.,
Zc., and Lodging Development & Management, Inc., a petition to
acate the south one-half of Wheeler Avenue, being that portion of
Wheeler Avenue not heretofore vacated, abutted on the south by
Lots 9, 10 and 11 in Block 18 and Lots 1A, 1, 2, 3, 4 and 5 in
Block 19 of Wheeler Subdivision, West Memphis, Arkansas, per plat
of record in Plat Book 2 at pages 113 and 114 in the Office of the
Recorder of Crittenden County, Arkansas, and on the north by that
portion of Wheeler Avenue heretofore vacated, and said
petitioners pray that the City Council fix a day for the hearing
on said petition:
NOW, THEREFORE, BE IT RESOLVED:
That said petition to close the south one-half of that part
f Wheeler Avenue in the City of West Mem his, Arkansas above
~ P
escribed be set down for hearing on the 3r day
of ~~~~e,~nn~e.~ 1987, at 1:30 P. M. at the City Council
Chambers in the City of West Memphis, Arkansass, and that the City
Clerk give notice as required by law of the hearing to be held.
DATED th i s ~ GAF-~ day o
ATTEST'
.,
City C erk
~') ~ ~ fi ,:
~-
PETITION TO VACATE STREET
Comes the undersigned petitioners, being the owners of
Lots 9, 10, and 11 in Block 18 and Lots lA, 1, 2, 3, 4, and 5 in
Block 19 of Wheeler Subdivision, West Memphis, Arkansas, per
plat of record in Plat Book 2 at pages 113 and 114 which abut
the S 1/2 of Wheeler Avenue and the owners of all of the lands
located abutting on the north side of said portion of Wheeler
Avenue, and petitioning the City Council of the City of West
Memphis, Arkansas, state:
That Petitioners, Heath & House Construction Co., Inc.
and Lodging Development & Management, Inc., are the owners of
the above described lands abutting the south one-half of said
Wheeler Avenue, being that portion thereof not heretofore
vacated.
That in June 1950 the then owners of the lands out of
which the street was carved had said lands surveyed and a plat
thereof filed for record in the office of the Recorder of
Crittenden County, Arkansas, on August 11, 1950, and therein
recorded in Plat Book 1 at page 264 and 265 and being designated
as Wheeler Subdivision, West Memphis, Arkansas; and thereafter
on September 26, 1955, a replat of Blocks 18 and 19 of Wheeler
Subdivision was filed in the office of the Recorder aforesaid
and recorded in Plat Book 2 at pages 113 and 114. That the
portion of the street to be vacated is as laid out and platted
on the palt of record in Plat Book 2 at pages 113 and 114 and
said street as depicted thereon was never actually laid out and
improved and has never been used as a street and Petitioners now
request the closing of the south one-half of said street which
extends along the north side the above described lots.
That there is attached hereto as Exhibit A copy of the
plat filed for record in the office of the Recorder of
Crittenden County, Arkansas, and recorded in the Plat Book 2 at
pages 113 and 114, which shows the portion of the street to be
vacated together with the lands abutting upon the street to be
vacated.
„ ..
WHEREFORE, Petitioners pray that the City Council of the
City of West Memphis, Arkansas, at its next regular or special
meeting, fix a day for the hearing of this petition and direct
the City Clerk to give notice of such hearing as required by law
and that upon the final hearing that the south one-half of the
street abutting the lands aforesaid, being the portion of
Wheeler Avenue not heretofore vacated, and all rights of the
City of West Memphis and of the public generally be released,
vacated and abandoned, subject only to existing utility
easements.
RESPECTFULLY SUBMITTED this 11th day of August, 1987.
HEATH & HOUSE CONSTRUCTION CO., INC.
LODGING DEVELOPMENT & MANAGFIVVIEEN'T , I NC .
By SLOAN, RUBENS, PEEPLES & COLEMAN
Their Attorney
By:~
Ralp Sloan
600 North Missouri
P. O. Box 768
West Memphis, AR 72301
(501)-735-3270
A l-r, 12 1987
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