1526ORDINANCE NO . ~ sa
AN ORDINANCE VACATING PORTIONS OF GATHINGS DRIVE AND WHEELER
AVENUE
WHEREAS, a Petition was duly filed with the City Council of
. f the City of West Memphis, Arkansas, on the 24th day of March, 1992,
~ asking the City Council to vacate a portion of Gathings Drive and
Wheeler Avenue in the City of West Memphis, Arkansas, as
hereinafter more particularly described; and
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 whereby 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 Gathings Drive abutting Lots 1 and 12 in
Block 9 and Lots 1, 2 and 3 in Block 10, and the North
Half of Wheeler Avenue abutting said Lot 12, all as
reflected in the "Re-plat of Blocks 1 thru 17 and North
Half of Blocks 18 and 21 in Wheeler Subdivision", as
shown on plat of record in Plat Book 2 at pages 113 and
114 in the records of Crittenden County, Arkansas, and
as reflected by the replat of said lots and streets
approved by the West Memphis Planning Commission on March
25, 1992 .
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.
Section 3. Emergency Clause: It is hereby found and
declared by the City Council of the City of West Memphis, that a
portion of the property abutting the streets vacated by this
ordinance is in the process of development and this ordinance is
necessary for the owner of the property to be able to utilize such
property and for the growth and expansion of the City of West
Memphis, and that the passage of this ordinance is in the interest
of the public health, peace, safety and welfare of the City of West
Memphis and inhabitants thereof. Therefore, an emergency is hereby
declared to exist and this ordinance shall take effect and be in
force immediately from and after its passage.
PASSED this /6t day of April, 1992.
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Attest:
City Clerk
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CITY. CLERK OFFICE
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PETITION TO VACATE STREET
Comes the Petitioners, Sue Oliver Donelson and Narendrabhai
M. Patel, by and through their attorneys, and state that they are
the sole owners of all property abutting upon the following
described dedicated street in West Memphis, Arkansas, to-wit:
That portion of Gathings Drive abutting Lots 1 and 2 in
Block 9 and Lots 1, 2 and 3 in Block 10 in the "Re-plat
of Block 1 thru 17 and North Half of Blocks 18 and 21 in
Wheeler Subdivision" as reflected on the plat of record
in Plat Book 2 at pages 113 and 114 in the records of
Crittenden County, Arkansas, and as designated in the
re-plat of said lots which is filed with this Petition
as Exhibit "A" and incorporated herein by reference.
Petitioners are seeking to vacate the above described portion
of Gathings Drive. 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 PETITIONERS 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.
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Respectfully submitted this Z3 ~ day of March, 1992.
SUE OLIVER DONELSON and NARENDRABHAI
M. PATEL, Petitioners
By:
WILLIAM C. AYRES
Saxton and Ayres
Attorneys at Law
P. O. Box 2207
West Memphis, AR 72303
(501) 732-3810
ATTORNEYS FOR PETITIONER
RECEDED
CITY CLERK OFFICE
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