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 ~..