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1790ORDINANCE NO. ~'~ AN ORDINANCE VACATING THAT PORTION OF FIRST STREET SHOWN ON PLAT OF M.P. HORSLEY ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, AS RECORD IN PLAT BOOK 4 AT PAGE 248 IN THE OFFICE OF THE RECORDER OF CRITTENDEN COUNTY, ARKANSAS, WHICH IS ABUTTED ON THE WEST BY LOT 4 AND ON THE EAST BY REPEAT OF LOT 23, M. P. HORSLEY SUBDIVISION. WHEREAS, a petition was duly filed with the City Council of the City of West Mmephis, Arkansas, on September 4, 1997, asking the City Council to vacate and abandon that portion of First Street shown on plat of M. P. Horsley Subdivision to the City of West Memphis, Arkansas, of record in Plat Book 4 at page 248 in the office of the Recorder of Crittenden County, Arkansas, which is abutted on the west by Lot 4 and on the east by Lot 23 of M. P. Horsley Subdivision. WHEREAS, after due notices as required by law, the City 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 portions of the streets hereinafter described have heretofore been dedicated to the public's use; have not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat wereby they were dedicated; that Petitioners are the sole owners of the property abutting upon the portions of the streets to be vacated; and that public interest and welfare will not be adversely affected by the abandonment of such portions of said streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The City of West Memphis Hereby releases, vacated and abandons all its rights, together with the rights of the public generally, in and to the portions of the streets described as follows: That part of First Street shown on Plat of M. P. Horsley Subdivision to the City of West Memphis, Arkansas, of record in Plat Book 4 at Page 248 in the Office of the Recorder of Crittenden County, Arkansas, which is abutted on the west by Lot 4 and on the east by Lot 23 of M. P. Horsley Subdivision. 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 the County. PASSED this ~~ day of ~-'-"-°;"'I997. lJC-~ Mayor RECEIVED CItY CLERK OFFICE DATE $ a ~' q ; Sam PETITION TO VACATE STREET Comes the Petitioner, City of West Memphis, by and through the City`Attorney, and state that they are the owners of the property abutting upon the following described dedicated street in West Memphis, Arkansas, to-wit: That portion of First Street shown on Plat of M. P. Horsley Subdivision to the City of West Memphis, Arkansas, as recorded in Plat Book 4 at Page 248 in the office of the Recorder of Crittenden County, Arkansas, which is abutted on the West By Lot 4, and on the East by Lot 23 of M. P. Horsley Subdivision and Petitioner is seeking to vacate the above described portion of First Street. Said right-of- way has not been used as a street for a period in excess of five (5) years. That upon the abandonment of this street, title to said right-of--way shall vest in the Petitioners subject to the easements of record reflected on the plat filed herewith as Exhibit "A". WHEREFORE PETITIONER 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 the Petition and direct the City Clerk to give notice of such hearing as required by law; that following said hearing the above described street be vacated and all rights of the City of West Memphis and of the public therein generally be released, vacated and abandoned. Respectfully submitted this s~ day of v , 1997. City of West Memphis, Pet' ' er B: ~~ ~ RE~~IVED CITY CLERK OFFICE DATE ~ ~'( ~''1 ,~~`{-$-q ~..