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1458~ ~ ORDINANCE NO . ~_S?5 AN ORDINANCE VACATING THAT PART OF GATHINGS DRIVE NORTH OF THOMAS AVENUE ABUTTED ON THE EAST BY TIPPS ADDITION WHEREAS, a petition was duly filed with the City Council of Oec~:mber the City of West Memphis, Arkansas, on the ~_ day of ~Foro^em3.ye~', 1990, asking the City Council to vacate a portion of the alley running through Block 6 of the Wheeler Subdivision and portions of 20th Street 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; hawe 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 petitioner is hte sole owner of the property abutting upon the portions of the alley and streets to be vacated; and that public interest and welfare will not be adversely affected by the abandonment of such portions of said alley and 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 alley and streets described as follows: That part of Gathings Drive north of Thomas avenue abutted on the East by Tipps addition, Block 1 and on the West, by acreage of Oliver-Wheeler-Thomas, Inc., and more particularly described as: All that part of Gathings Drive as lying West of Block 1, Tipps Addition to the City of West Memphis, North of Thames Avenue Section 2. A copy of this ordinance duly certified by the ~j 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 the property that part of Gathings Drive that abutts North of Thomas Avenue abutted on the East by Tipps Addition, 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 growtha nd 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 ~~ day of 3 ~ 1 ~ 1990. -' i i i r i., 1~s.. ~~l*I] Cl r Y CLERK OFFICE ~ ~~~~~~