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1216 ` .. ,. ~,_~ ~ . ORDINANCE NO. / ~ / AN ORDINANCE VACATING THE ALLEY RUNNING THROUGH BLOCK 8 OF M. L. THOMPSON'S SUBDIVISION ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, asking the City Council to vacate the alley extending from the east line of 7th Street east to the west line of 8th Street running through the center of Block 8 of M. L. Thompson's Subdivision Addition as shown by plat of record in Plat Book 1 at page 43 in the office of the Recorder of Crittenden County, Arkansas,- and being abutted on the north by Lots 3 and 16 and on the south by Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 8 of M. L. Thompson's Subdivision Addition; 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 alley hereinbefore described has heretofore been dedicated to the public's use as an alley 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 alley to be vacated have filed with the Council their written consent to such abandon- ment; and that public interest and welfare will not be adversely affected by the abandonment of such alley; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: i SECTION I. The City of West Memphis hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the alley designated as follows: The alley extending from the east line of 7th Street east to the west line of 8th Street, West Memphis, Arkansas, running through the center of Block 8 of M. L. Thompson's Sub- division Addition as shown by plat of record .- in Plat Book 1 at page 43, and being abutted on the north by Lots 3 and 16 and on the south by Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 in Block 8 of M. L. Thompson's Subdivision Addition as shown on said plat, SUBJECT, however, to the existing ten foot easement through said block being used for public utilities with right of ingress and egress to maintain and service same. SECTION II. A copy of the 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 r CONSENT We, the undersigned, being the owners of the property r abutting the alley extending from the east line of 7th Street east to the west line of 8th Street running through the center of Block 8 of M. L. Thompson's Subdivision Addition as shown by plat of record in Plat Eook 1 at page 43, and being abutted on the north by Lots 3 and 16 and on the south by Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 8 of M. L. Thompson's Subdivision Addition, 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 alley to be vacated is attached hereto, do each hereby consent to the vacating of said alley as set out above and in said petition to vacate alley. ~` ~ DATED this r=_ day of April, 1985. (;O 2~( RALPH HO JANE HOLT, PAUL WALKER ~~ ' and DEB H WALKER ~3 By SAM SAIG & SON, INC. By ~ , ~ s 1~ ~R~ R~9 G 16 ~Qg~ pP ~ eat--~"''~ TAR'?ELL LEF PARRISN and FAME ,.A J C . PARP I~N /J /, ',. / Ey . ~v IRVIN WAYNE RRA~ FIFI~D .. PETITION TO VACATE ALLEY Comes the undersigned petitioner, being the owner of Lots 10, 11 and 16 in Block 8 of M. L. Thompson's Subdivision to West A~Iemphis, Arkansas, per plat of record in Plat Book 1 at page 43, which abut the alley running through said Block 8, and petitioning the City Council of the City of West Memphis, Arkansas, states: That petitioner, Harold B. O'Donnell, is the owner of the above described lots abutting said alley as hereinafter particu- larly described. That in May 1924 the then owners of the land 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 Crittenden County, Arkansas, on October 10, 1929, and therein recorded in Plat Book 1 at page 43 and being designated as M. L. Thompson's Subdivision Addition to West h:emphis, Arkansas. That the alley to be vacated is as laid out and platted on the plat of record in Plat Book 1 at page 43 and runs east and west through the center of Block 8 of M. L. Thompson's Subdivision Addition, 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 of ?th Street east to the west line of 8th Street through the center of Block 8 and which is abutted on the north by Lots 3 and 16 and on the south by Lots 4, 5, 6, ?, 8, 9, 10, lI, 12, 13, 14 and 15 in Block 8 of M. L. Thompson's Subdivision Addition, West Memphis, Arkansas. That there is attached hereto as Exhibit "A" a copy of the plat filed in the office of the Recorder of Crittenden County, Arkansas, and recorded in Plat Book 1 at page 43, which shows the alley to be vacated together with the lands abutting upon the alley to be vacated. WHEREFORE, 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 east line of 7th Street east to the west line of 8th Street and running through the center of Block 8 of M. L. Thompson's Subdivision Addition 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 first day of April, x,„985. B . 0' I~NF~TLZ," "Pet ~t inner SPEARS, SLOAN & JOHNSON, Attorneys for Petitioner By Ralph W. Sloan P. 0. Box 768 West Memphis, Arkansas 72301 .. _ ~ .. ~ ;,; o To M~ ~ .,~ we . ~ /0 ~ ~ .6'0' ~ so' ~' +: , r;'i • .. t;`~.~ . ~ / ~ /g . N ~ .2 ~ h . Block 8 r a , X60 ~, ~ ~ ~~ ~ y~. y V ti ~ ~ o ~ M ~ ~ ~ 'J I M Y r ~ ~ • ~~ r ~S ,~ ~ .. a r~ o.r M. L. TIiOr':PS ON' S SUBDIVISION ADDITION TO t',Z;ST r~~;P:"1"HIS, r'~RK. St. George Richardson, C.E. May, .1924• Pt. Sect. 7 T 6 N. R• 9 E•, Crittenden Co. Ark. Stcte of Arlt. . County of Crittenden, ss Filed for record Oct. 10, 1929 And duly .recorded in plat book~.l, pale 43. Nov. 8, 1929• _ _ _ _ Clerk. .~ ti a ~ ~X~%Q%T /q