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ORDINANCE N0: !~" !~'' C~
WHEREAS, a Petition was duly filed with the City Council
of the City of West Memphis, Arkansas, on the 25th day of June,
1985, asking the City Council to vacate and abandon the alley
shown on plats of Eugene Woods Subdivision to the City of West
Memphis, Arkansas, of record in the Office of the Circuit
Clerk and Recorder of Crittenden County, Arkansas, said alley
sought to be vacated being specifically described as follows,
to-wit:
The Alley in Block 1 of the Eugene Woods Subdivision to the
City of West Memphis, Arkansas on shown by Plat recorded
in Plat Book 1, Page 94, of the records of Crittenden
County, Arkansas
WHEREAS, after due notice as required by law, the Council
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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 hereinabove described, has heretofore been dedicated
to the public 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
the owners of the majority of the property abutting upon the
portion of the alley 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 portion of said alley.
NOW, THEREFORE, be it ordained by the City Council of the
City of West Memphis, Arkansas:
SECTION 1. The City of West Memphis, Arkansas, hereby
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releases, vacates and abandons all its rights, together with the
rights of the public generally, in and to the portions of the alley
designated as follows:
The A11ey in Block 1 of the Eugene Woods Subdivision to
the City of West Memphis, Arkansas as shown by plat 1
recorded in Plat Book 1, Page 94, of the records of
Crittenden County, Arkansas. ~,~i
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SECTION 2. A copy of the 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. ~~r 7"
PASSED: This ~ day of 3s~9', 1985.
CITY WEST ME HIS
By : -~L~~~Co-ft~-
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IN THE WEST MEMPHIS CITY COUNCIL
PETITION TO CLOSE ALLEY
Come Petitioners, Buddy H. Suiter and Ruth D. Suiter, husband
and wife, and Bob Tucker and Marsha Tucker, husband and wife,~by
their attorney, Lindsey J. Fairley, and for their Petition to
Close the Alley in Block 1 of the Eugene Woods Subdivision of the
City of West Memphis, Arkansas, state:
I.
Petitioners are the owners in fee simple absolute of the
lands located in West Memphis, Crittenden County, Arkansas,
described as follows:
W 1/2 Lot 4 and Lot 5, Block 1, Eugene Woods Subdivision
to the City of West Memphis, Arkansas as shown by
Plat recorded in Plat Book 1, Page 94 of the records of
Crittenden County, Arkansas
by virtue of a Warranty Deed from Buddy H. Suiter and Bob Tucker,
dated April 16, 1979, of record in Deed Record Book 596 at
Page 115 of the Records of Crittenden County, Arkansas;
II.
Petitioner learned after purchase of the above described
lands that a twenty foot (20') alley which is shown by the plat
of Bond Consulting Engineers dated June 18, 1984, a copy of which
is attached hereto, traverses said property from East to
West;
V.
Petitioner requests that since the alley has not been used,
and since it dead ends to the east at the Police Station and
Municipal Court Building, will not be used, that the alley in Block
1 be closed and vacated, and all right, title and interest therein be
vested in petitioner and adjacent landowners.
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WHEREFORE, Petitioners, respectfully request the West Memphis
City Council to hold a hearing and vacate and close the alley in
Block 1 of the Eugene Woods Subdivision, and for all other relief
to which Petitioner be entitled.
By:
RESPECTFULLY~SUBMITTED:
Bud y H. utter and Ruth H. Suiter,
hus attd nd' wife a Bob Tucker and
Mar ha uc~ter, hus and'and wife
~.tinas ey J . ix' ep' -
Attorney
201 West Bo et
P. 0. BOX 10
West Memphis, Arkansas 72
(501) 735-7220
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Thus is to certify tliat~ I have surveyed the west half (W~) of
Lot 4 and Lot 5, Dlock 1, Eugene 4;oods Subdivision to the City
of West Memphis, Arkansas, as shown by plat recor.7ed in Rlat
Book 1, rdy~ 94, in the orrice of the Circuit Court Clerk
i L'x-Officio Recorder of Crittenden County, Arkansas. There
is a 20' utility easement and a 20' alley on this property as
shown. There are no encroachments.
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June 18, ] 984
Aond Consulting Engineers
West h~emphis, Arkansas
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