2190ORDINANCE NO. oZ I GIO
AN ORDINANCE TO VACATE A PORTION OF A 10' ALLEY LYING
WEST OF LOTS 16 THROUGH 28 IN BLOCK 34 OF THE GEO. T.
KENDALL SUBDIVISION TO THE CITY OF WEST MEMPHIS.
WHEREAS, pursuant to A.C.A. § 14-301-301, et seq., a petition was duly filed with the
City Council of the City of West Memphis, Arkansas, on the ~ day of April, 2008, asking
the City Council to vacate and abandon all that portion of the 10' alley lying west of Lots 16
through 28 in Block 34, Geo. T. Kendall Subdivision to the City of West Memphis as shown by
plat recorded in Plat Book 1, Pages 24 and 25, in the office of Circuit Court Clerk and Ex-Officio
Recorder of Crittenden County, Arkansas; and
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 alley or the portion thereof, hereinbefore described, has heretofore been
dedicated to the public use as the 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 the
owners of the property abutting upon the portion of the alley to be vacated have filed with the
council their written consent to the abandonment; and that public interest and welfare will not be
adversely affected by the abandonment of the alley;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. The City of West Memphis, Arkansas, releases, vacates, and abandons all
its rights, together with the rights of the public generally, in and to the alley designated as
follows:
All of the 10' alley lying west of Lots 16 through 28 in Block 34, Geo. T. Kendall
Subdivision to the City of West Memphis as shown by plat recorded in Plat Book
1, Pages 24 and 25, in the office of Circuit Court Clerk and Ex-Officio Recorder
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 the county and recorded in the deed records of the county.
SECTION 3. This ordinance shall take effect and be in force from and after its passage.
PASSED AND APPROVED this O~ 6 day of -~yJ~1 E , 2008.
~e~._. i ~....-.r
WILLIAM H. JO SON, MAYOR
ATTEST:
IL ARA, CITY CLERK
SPONSORED BY:
RECEIVED
City Clerk's Offioe
Date/Time p
Ey n_ p .T
~`
PETITION TO VACATE ALLEY
Comes the Petitioner, Union Compress Warehouse Company of West Memphis, L.L.C.,
being the sole owner of those portions of Lots 16 through 28 in Block 34 of the Geo. T. Kendal
Subdivision to the City of West Memphis which abut upon the portion of the alley sought to be
vacated and, pursuant to A.C.A. § 14-301-301, et seq., petitions the City Council of the City of
West Memphis and states:
That Petitioner seeks to close the following alley:
All of the 10' alley lying west of Lots 16 through 28 in Block 34, Geo. T. Kendall
Subdivision to the City of West Memphis as shown by plat recorded in Plat Book
1, Pages 24 and 25, in the office of Circuit Court Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas.
That said alley as depicted on said plats was never actually laid out and improved as such
street or alley and said alley has not been actually used by the public as a street or alley for a
period of five (5) years and Petitioner now requests the closing of the portions above described.
That there is attached hereto as Exhibit "A" a copy of the plat filed for record in the office
of the Recorder of Crittenden County, Arkansas, which shows the portion of the alley to be
vacated together with the lands abutting upon the alley to be vacated.
WHEREFORE, Petitioner prays that the City Council of the City of West Memphis,
Arkansas, at its next regular or special meeting, give notice of such hearing as required by law
and that upon the final hearing that the portion of the 10' alley lying west of Lots 16 through 28
in Block 34, Geo. T. Kendal Subdivision to the City of West Memphis, be released, vacated and
abandoned.
Respectfully submitted this 25Txday of APRIL , 2008.
UNION COMPRESS WAREHOUSE
COMPANY OF WEST MEMPHIS, L.L.C.,
PETITIONER
Name (,~0.rreh (~ , ~'a,5~ Title '` ~'Q
EXHIBIT "A"
PLAT FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF CRITTENDEN COUNTY, ARKANSAS
901 6B3 4337; Apr-24-08 2:29PM;
Sent By: Union Service Industries, Inc.;
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RESOLUTION NO. I gg 7
A RESOLUTION SETTING A PUBLIC HEARING ON A PETITION TO
CLOSE A PORTION OF A 10' ALLEY LYING WEST OF LOTS 16
THROUGH 28 IN BLOCK 34 OF THE GEO. T. KENDALL SUBDIVISION
TO THE CITY OF WEST MEMPHIS.
WHEREAS, pursuant to A.C.A. § 14-301-301, et seq., there has been filed with the City
Council of the City of West Memphis, Arkansas, by Union Compress Warehouse Company of
West Memphis, L.L.C., a petition to vacate the following alley:
All of the 10' alley lying west of Lots 16 through 28 in Block 34, Geo. T. Kendall
Subdivision to the City of West Memphis as shown by plat recorded in Plat Book
1, Pages 24 and 25, in the office of Circuit Court Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas.
and said Petitioner prays that the City Council fix a day for the hearing on said petition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT said petition to vacate the above described
alley in the City of West Memphis, Arkansas, be set down for a hearing on the 15th day of May,
2008, at 1:30 p.m. at the City Council Chambers, West Memphis City Hall, 205 South Redding,
West Memphis, Arkansas, and that the City Clerk give notice as required by law of the hearing to
be held.
1
DATED this ~ S day of ~ /~`/ , 2008.
i ~ /<,.r... ~ .~
WILLIAM H. JOHN ON, MAYOR
ATTEST:
.~--
P PARR, CITY CLERK
RECEIVED
City Clerk's Office
Date/Time ~s o8 ~~_ ~~~,,
By ~ ,.1,,,1~.~~
NOTICE
NOTICE is hereby given that application has been made to the City Council of the City of
West Memphis, Arkansas, pursuant to A.C.A. § 14-301-101, et seq., by Union Compress
Warehouse Company of West Memphis, L.L.C., to vacate the following alley:
All of the 10' alley lying west of Lots 16 through 28 in Block 34, Geo. T. Kendall
Subdivision to the City of West Memphis as shown by plat recorded in Plat Book
1, Pages 24 and 25, in the office of Circuit Court Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas.
A public hearing will be held before the City Council of the City of West Memphis,
Arkansas, in the City Council Chambers, West Memphis City Hall, 205 South Redding, West
Memphis, Arkansas, at 1:30 p.m. on Thursday, June 5, 2008, for the purpose of hearing
objections, if any, to the abandonment of the alley as hereinabove set out.
All persons having an interest therein or objections thereto are hereby notified to appear
on said date for the purpose of making known their objections, if any.
DATED this ~ ~o day of , 2008.
CITY OF WEST MEMPHIS, ARKANSAS
By ~ C.."rC
CITY CLERK