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2276ORDINANCE NO. e17 AN ORDINANCE VACATING A PORTION OF A UTILITY EASEMENT BETWEEN LOT 1 AND LOT 11, BLOCK 2, EUGENE WOODS 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 7th day of April, 2011, asking the City Council to vacate and abandon a portion of a utility easement between lot 1 and lot 11, Block 2, Eugene Woods Subdivision to the City of West Memphis as shown by plat recorded in Plat Book 5, Page 35, in the office of the Circuit 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 a portion of the easement or portion thereof, hereinbefore described, is not currently being used by the public; that all the owners of the property abutting upon the portion of the utility easement 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 utility easement; 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 utility easement designated as follows: All of the utility easement between lot 1 and lot 11, Block 2, Eugene Woods Subdivision to the City of West Memphis as shown by plat recorded in Plat Book 5, Page 35, in the office of Circuit 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 .ST ~+day of ATTEST: HILLIP ARA, CITY CLERK SPONSORED BY: /'~~y , zoI 1. WILLIAM H. JO SON, MAYOR F1EC~1v~p i G,~ G1erk ,` Date.. e 8y ~~'~ r~ '~(~ ,