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1560ORDINANCE NO . 1 ~ L~ D AN ORDINANCE VACATING THE PORTION OF OLIVER AVENUE RUNNING BETWEEN THE RAILROAD RIGHT OF WAY AND 6TH STREET AND THE REMAINDER OF SAID STREET BETWEEN THE MARION-HULBERT CUT-OFF AND 7TH STREET IN THE 3RD ADDITION TO M. L. THOMPSON rr SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the 15th day of October, 1992, asking the City Council to vacate a portion of Oliver Avenue running between the railroad right of way and 6th Street and the remainder of said street between the Marion-Hulbert cut-off and 7th street of the 3rd Addition to M. L. Thompson Subdivision, West Memphis, Arkansas, as designated on the amended plat of the 3rd Addition to M. L. Thompson Subdivision now appearing of record in Plat Book 1 at page 184 in the office of the Recorder of Crittenden County, Arkansas, beginning at the west line of the railroad right of way and running east to the west line of 6th Street and abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd Addition to M. L. Thompson Subdivision subject only to existing Utility easements; and WHEREAS, after due notice 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 street hereinbefore described has heretofore been vacated for the petitioners' use as herein described; has not been actually used by the public generally ,,~- for a period of at least five years subsequent to the filing of the plat; that all the owners of the property abutting upon the street to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such street. 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, L vacates and abandons all its rights, together with the rights of the public generally, in and to the street designated as follows: That portion of Oliver Avenue running between the railroad right of way and 6th Street and the remainder of said street between the Marion-Hulbert cut-off and 7th street in the 3rd Addition to M. L. Thompson Subdivision as designated on the amended plat of the 3rd Addition to M. L. Thompson Subdivision now appearing of record in Plat Book 1 at page 184 in the office of the Recorder of Crittenden County, Arkansas, beginning at the west line of the railroad right of way and running east to the west line of 6th Street and abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd addition to M. L. Thompson Subdivision subject only to existing Utility easements. Section 2. A copy of the ordinance duly certified by the 1992. or City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas, and recorded in the deed records of the County. -I r PASSED this 3 day of I7e~p-~~Rr __ , CONSENT I, the undersigned, being one of the owners of the property abutting Oliver Avenue extending from the easement through Blocks 6 and 9 easterly to the west line of 6th Street, West Memphis, Arkansas, running through the center the Ate" 3rd Addition to M. L. Thompson Subdivision and being abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd Addition to M. L. Thompson Subdivision as shown by plat of record in Plat Book 1 at pages 184, for which a petition to vacate has been filed with the City Council of the City of West Memphis, Arkansas, a copy of which petition with plat showing street to be vacated is attached hereto, do each hereby consent to the vacating of said street as set out above and in said petition to vacate street. RESPECTFULLY SUBMITTED this day of ~~~ ~~~~ 1992. MORRIS H. FAIR, Petitioner ~~ MORR S H. FAI CONSENT I, the undersigned, being one of the owners of the property abutting Oliver Avenue extending from the easement through Blocks 6 and 9 easterly to the west line of 6th Street, West Memphis, Arkansas, running through the center the 3rd Addition to M. L. Thompson Subdivision and being abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd Addition to M. L. Thompson Subdivision as shown by plat of record in Plat Book 1 at pages 184, for which a petition to vacate has been filed with the City Council of the City of West Memphis, Arkansas, a copy of which petition with plat showing street to be vacated is attached hereto, do hereby consent to the vacating of said street as set out above and in said petition to vacate street. ;- RESPECTFULLY SUBMITTED this ~~ day of ~~ , 1992. PAT K. MArRUDE'R, Petitioner ~~ PAT K. MAGRUDER CONSENT I, the undersigned, being one of the owners of the property abutting Oliver Avenue extending from the easement through Blocks 6 and 9 easterly to the west line of 6th Street, West Memphis, Arkansas, running through the center the 3rd Addition to M. L. Thompson Subdivision and being abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd Addition to M. L. Thompson Subdivision as shown by plat of record in Plat Book 1 at pages 184, for which a petition to vacate has been filed with the City Council of the City of West Memphis, Arkansas, a copy of which petition with plat showing street to be vacated is attached hereto, do hereby consent to the vacating of said street as set out above and in said petition to vacate street. RESPECTFULLY SUBMITTED this ~ day of ~ , ~,. 19 9 2 . G. W. SORRELLS, Petitioner r k~e=x.16 G. W. RRELLS CONSENT I, the undersigned, being one of the owners of the property abutting Oliver Avenue extending from the easement through Blocks 6 and 9 easterly to the west line of 6th Street, West Memphis, Arkansas, running through the center the '~~` 3rd Addition to M. L. Thompson Subdivision and being abutted on the north by Lot 28 in Block 9, Lots 1 and 28 in Block 10 and on the south by Lot 14 in Block 6, Lots 13 and 14 in Block 5 of the 3rd Addition to M. L. Thompson Subdivision as shown by plat of record in Plat Book 1 at pages 184, for which a petition to vacate has been filed with the City Council of the City of West Memphis, Arkansas, a copy of which petition with plat showing street to be vacated is attached hereto, do hereby consent to the vacating of said street as set out above and in said petition to vacate street. RESPECTFULLY SUBMITTED this ~ day of 1992. CARYL S. SORRELLS, Petitioner r i CARYL~$. SORRELLS CERTIFICATE STATE OF ARKANSAS ) .. (SS COUNTY OF CRITTENDEN) The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the above and foregoing is a true and complete and correct copy of Ordinance No. 1560 Vacating the portion of Oliver Avenue running between the railroad ri~tit of way and 6th Street and the remainder of said street between the Marion- Hulbert nut-off and 7th Street in the 3rd addition to M.L. Thompson Subd. in W.M. L as the same appears in the official records of said City. IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of West r4emphis, Arkansas, and the Official Seal of said City, on this 29th .~ ~ .. day of January , 19 93 CITY CLERK, (~,~I'Y Off` S'7~ST biEIiPHIS CRITTENDEN COUNTY, ARKANSAS