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0909fi ~, r RESOLUTION NO. WHEREAS, there has been filed with the City Council of the City of West Memphis, Arkansas, by Heath & House Construction Co., Inc., a petition to vacate the alley extending from the west line of Ingram Blvd, west to the east line of 20th Street running through the center of Block 7 of Wheeler Subdivision as shown by plat of record in Plat Book 2 at pages 113 and 114 and being abutted on the north by Lots 1, 2, 3, 4 and 5 and on the south by Lots 6, 7, 8, 9, 10, 11 and 12 of Block 7 of Wheeler Subdivision and said Petitioner prays that the City Council fix a day for the hearing of said petition. NOW, THEREFORE, BE IT RESOLVED: That said petition to close the above described alley in West Memphis, Arkansas, be set down for hearing on the 6th day of January, 1983, at 1:30 P. M. at the City Council Chambers in the City of West Memphis, Arkansas, and that the City Clerk give notice as required by law of the hearing to be held. DATED this 16th day of December, 1982. ATTEST: C erk ~~ ~, MAYOR 10 PETITION TO VACATE ALLEY COMES the undersigned Petitioner, being the owner of Lot 2, except the west 85 feet thereof, and all of Lots 1, 9, 10, 11 and 12 in Block 7 of Wheeler Subdivision, West Memphis, Ark- ansas, per plat of record in Plat Book 2 at pages 113 and 114 which abut the alley running through said Block 7 and petitioning the City Council of the City of West Memphis, Arkansas, states: That Petitioner, Heath & House Construction Co., Inc., is the owner of the above described lots abutting said alley and W and W Company, a partnership, is the owner of Lots 6, 7, and 8 in Block 7 of Wheeler Subdivision also abutting said alley and Esso Standard Oil Company, a corporation, is the owner of Lots 3, 4, 5 & the west 85 feet of Lot 2 in Block 7 of Wheeler Subdivision, all abutting the alley as hereinafter particularly described. That in June 1950 the then owners of the lands out of which the above alley was carved had said lands surveyed and a plat thereof filed for record in the office of the Recorder of Crit- tenden County, Arkansas, on August 11, 1950, and therein recorded in Plat Book 1 at pages 264 and 265 and being designated as Wheeler Subdivision, West Memphis, Arkansas; and thereafter on September 26, 1955 a replat of Block 7 of Wheeler Subdivision was filed for record in the office of the Recorder aforesaid and recorded in Plat Book 2 at pages 113 and 114. That the alley to be vacated is as laid out and platted on the plat of record in Plat Book 2 at pages 113 and 114 and runs east and west through the center of Block 7 of Wheeler Subdivision and said alley as depicted thereon was never actually laid out and improved and has never been used and Petitioner now requests the closing of said alley which extends from the east line 20th Street east to the west line of Ingram Blvd. through the center of Block 7 and which is abutted on the north by Lots 1, 2, 3, 4 and 5 and on the south by Lots 6, 7, 8, 9, 10, 11 and 12 in Block 7 of Wheeler Subdivision, West Memphis, Arkansas. That there is attached hereto as Exhibit A, copy of the plat filed in the office of the Recorder of Crittenden County, Arkansas, and recorded in Plat Book 2 at pages 113 and 114, which shows the w alley to be vacated together with the lands abutting upon the alley to be vacated. WHEREAS, Petitioner prays 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 alley extending from the west line of Ingram Blvd. west to the east line of 20th Street and running through the center of Block 7 of Wheeler Sub- division as shown on the plat of Wheeler Subdivision hereinabove described be vacated and all rights of the City of West Memphis and of the public generally be released, vacated and abandoned. RESPECTFULLY SUBMITTED this 9th day of December, 1982. HEATH & HOUSE CONSTRUCTION CO., INC. BY SPEARS, SLOAN & JOHNSON, Their Attorneys By, LPH SLOAN 301 Ea Broadway P. 0. BOX 768 West Memphis, Arkansas 72301 Telephone (501) 735-3270 10 {~ ~s ', '~ k ~ . ~,, -2- ~iv3S ~L:s yD~°i:t7!`'~ .. ~41~r~~ ;~''9~`~x.~,~ ."~a. C ai NOTICE NOTICE is hereby given that a petition has been filed with the City Council of the City of West Memphis, Arkansas, by Heath & House Construction Co., Inc., petitioning said Council to va- cate the following alley: The alley running east and west through Block 7 of Wheeler Subdivision, West Memphis, Arkansas, ex- tendinq from the east line of 20th Street to the west line of Ingram Blvd. and abutted on the north by Lots 1, 2, 3, 4 and 5 and on the south by Lots 6, 7, 8, 9, 10, 11 and 12 in Block 7 of Wheeler Subdivision in the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114. All persons are hereby notified and advised that the City Council of the City of West Memphis, Arkansas, will hear said petition and determine whether said alley as above described shall be vacated at a meeting of said Council to be held on the 6th day of January, 1983, at 1:30 P. M. DATED this 16th day of December, 1982. Y E RK ~b e,,, t~ aw-~ , +~ `yak: ~~/ ~* y~ S.w~v-own.: ~;; '_NZ3fitCE. __ NOTICE is hereby ~{ven th6t a petition has been filed with the City; Camcil of the. City of West Memphis, Arkansas. by tieafh i House. Construction Co., 1nc.r peti• tinning said Council to vpcate the following alley: Thp alley running:ecst and west throuugghh Block 7 of Wheeler Subdivision, West Memphis, Arkansas, azten- ding" from the east line of 40th Street to the west line of Ingrora Blvd. and' abutted on the north by :Lots t, 2, 3, I and Sand on the south by inters, `i, 8, 9, 10,11 and 12 in Block 7 of Wheeler Su6• divisien in the City of West Memphis, p~kansas, as hown by plat of .record in -Plat Book2 at dyes 11.3 :and 11.1. pit persons are hereby notifi.~-and advised that the City CouncN of the City of W*st Memphis; Arkansas,. wflf hoar said petition and deNrmine whether said dlley,,as: above described shalt be voected of a meeting •of said' Council to bq held. on the 6th day of Jemvary; 1~. of 1:30 P.M. DATED this 16th day of December, 1984, DAN CRAFT City Clerk -1~~~1L~ f t~ t~~ I~?d~~J STATE OF ARKANSAS COUNTY OF CRITTENDEN I, Alexander P. Coulter, do solemnly swear that I am publisher of the Evening Times, a daily newspaper, published in the county and state aforesaid; that I was so related to this publication at and during the publication of the annexed legal adver- tisement in the case of Warning Order No. Probate Notice No. Commissioner's Sale No. Court Notice re pending in the (Circuit-Chancery-County) Court in said county; that the dates of the several publications of said advertisement are hereinafter stated, and that during said periods and said dates said newspaper was printed and published in said county and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular issues of said newspaper for .~ ?-~-- consecutive times; the first publication thereof was made on the / ~~ day of _~X~ , 19~--°~' the second on the the third on the day of -~__ , 19 day of ~ , 19 the fourth on the - day of ._ _ , 19 the fifth on the _ ~_ day of __ , 19 and the last on the _~~ day of _ '~'L-' , 19 ~6~-' ~~~~~ ~sher Sub d sworn to before me this o~~ day ~ _ 19~~ ~yl C ,Notary Public My Commission Expires ~ '~ /` ~3 Fee For Printing $~~~-